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Hate Motivated Behavior

Board Policy - 5145.6

All students and employees of the district have the right to work, to attend school, and to participate in the educational process in a safe environment that is free from hate-motivated behavior. Every effort shall be made to promote mutual respect among students and staff and between and among students to encourage safe and harmonious relations that support human dignity and equality.

Behavior or statements that degrade, intimidate, and/or harm an individual on the basis of his/her race, ethnicity, culture, heritage, immigration status, gender, sexual orientation, physical/mental attributes, religious beliefs or practices shall not be tolerated. Bullying in any form or platform, repeatedly picking fights with, or repeatedly taunting another person shall not be tolerated.

Each reported incident of harassment or hate-violence shall be addressed. Students demonstrating hate-motivated or bullying behavior shall be subject to discipline in accordance with student discipline policies. The response to hate-motivated or bullying behavior shall assure protection for the victim, as well as appropriate disciplinary action for the perpetrator. Staff who receive notice of hate-motivated behavior or bullying, or who personally observe such incidents, shall notify the principal, supervisor, or law enforcement as appropriate. Staff who fail to report such incidents, or who engage in hate-motivated behavior, may be subject to discipline.

Any student or employee who feels he/she is a victim of hate-motivated behavior and/or bullying shall immediately contact the appropriate teacher or supervisor. If the complainant believes that the situation has not been remedied, he/she may file a complaint in accordance with district complaint procedures.

 

Legal Reference:

Education Code

  • 200-262.4 Prohibition of discrimination
  • 32282  School safety plans
  • 48900.3  Suspension for hate violence
  • 48900.4  Suspension or expulsion for threats or harassment

Penal Code

  • 422.55  Definition of hate crime
  • 422.6  Crimes, harassment
  • CODE OF REGULATIONS, TITLE 5
  • 4600-4670  Uniform complaint procedures
  • 4900-4965  Nondiscrimination in elementary and secondary education programs

Code Of Federal Regulations, Title 28

  • 35.107  Nondiscrimination on basis of disability; complaints

Code Of Federal Regulations, Title 34

  • 100.3  Prohibition of discrimination on basis of race, color or national origin
  • 104.7  Designation of responsible employee for Section 504
  • 106.8  Designation of responsible employee for Title IX
  • 110.25 Prohibition of discrimination based on age

 

Management Resources:

California Department Of Education Publications

  • Bullying at School, 2003

California Office Of The Attorney General Publications

  • Promoting a Safe and Secure Learning Environment for All:  Guidance and Model Policies to Assist California K-12 Â鶹ÊÓƵ in Responding to Immigration Issues, April 2018

U.S. Department Of Education, Office For Civil Rights Publications

  • Dear Colleague Letter:  Harassment and Bullying, October 2010
  • Dear Colleague Letter:  Prohibited Disability Harassment, July 2000

Websites

  • :  http://www.csba.org
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Policy Adopted: August 27, 2002
Policy Revised: August 21, 2018

See Also: