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 staffÌýand 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.
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Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination
32282Ìý School safety plans
48900.3Ìý Suspension for hate violence
48900.4Ìý Suspension or expulsion for threats or harassment
PENAL CODE
422.55Ìý Definition of hate crime
422.6Ìý Crimes, harassment
CODE OF REGULATIONS, TITLE 5
4600-4670Ìý Uniform complaint procedures
4900-4965Ìý Nondiscrimination in elementary and secondary education programs
CODE OF FEDERAL REGULATIONS, TITLE 28
35.107Ìý Nondiscrimination on basis of disability; complaints
CODE OF FEDERAL REGULATIONS, TITLE 34
100.3Ìý Prohibition of discrimination on basis of race, color or national origin
104.7Ìý Designation of responsible employee for Section 504
106.8Ìý Designation of responsible employee for Title IX
110.25 Prohibition of discrimination based on age
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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:Ìý 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:Ìý Harassment and Bullying, October 2010
Dear Colleague Letter:Ìý Prohibited Disability Harassment, July 2000
WEB SITES
CSBA:Ìý http://www.csba.org
California Association of Human Relations Organizations:Ìý http://www.cahro.orgÌý
California Department of Education:Ìý http://www.cde.ca.gov
California Office of the Attorney General:Ìý http://oag.ca.gov
U.S. Department of Education, Office for Civil Rights:Ìý http://www.ed.gov/about/offices/list/ocr
U.S. Department of Justice:Ìý http://www.justice.gov
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Policy Adopted: August 27, 2002
Policy Revised: August 21, 2018
See Also:
Board Policy 5145.7 - Sexual Harassment - Students
Board Policy 4030 - Nondiscrimination in Employment
Board Policy 1312.3 - Uniform Complaint Procedure
Board Policy 1312.1 - Complaints Against District Employees
Board Policy 5144 - Student Discipline