Protecting Students from Harassment and Hate Crime: A Guide for Schools was created in 1999. 

Since that time, significant changes have occurred in relevant statutes, case law, and 

Department policy guidance. For example, the guidance does not reflect the U.S. Supreme 

Court’s 1999 decision in Davis v. Monroe County Board of Education and subsequent federal 

case law, new or revised federal civil-rights and hate-crimes statutes, such as the Matthew 

Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009 and the ADA Amendments Act 

of 2008, and other federal and state laws that have been enacted or revised since 1999. 

Harassment based on race, color, national origin, sex, disability, or religion triggers certain rights 

and responsibilities under federal civil-rights laws. The Department has issued substantial legal 

policy guidance related to harassment that is not reflected in this document, including a 2000 

Dear Colleague Letter on Prohibited Disability Harassment, 2001 Sexual Harassment Guidance , 

2010 Dear Colleague Letter on Harassment and Bullying, 2011 Dear Colleague Letter on Sexual 

Violence, 2011 Dear Colleague Letter on the Equal Access Act, and 2012 Dear Colleague Letter 

on the ADA Amendments Act of 2008 and attached Frequently Asked Questions.
Protecting Students

from Harassment

and Hate Crime

A Guide for Schools

U.S. Department of Education

Office for Civil Rights

National Association of Attorneys General

Endorsed by the National School Boards Association:

“Research indicates that creating a supportive

school climate is the most important step in preventing harassment. A school can have policies and

procedures, but these alone will not prevent harassment. This is the kind of good preventive work the

field needs to help ensure that schools provide a

safe and welcome environment for all students.”

Archived Information
U.S. Dept. of Education, Office for Civil Rights & National Association of Attorneys General, Bias Crimes Task Force

A Guide for SchoolsProtecting Students from Harassment and Hate Crime

< Cut this out and

insert into the spine

of your looseleaf.

Use the previous page

as the insert for your

looseleaf cover.

Archived Information
Protecting Students

from Harassment

and Hate Crime

A Guide for Schools

U.S. Department of Education

Office for Civil Rights

National Association of Attorneys General

Endorsed by the National School Boards Association:

“Research indicates that creating a supportive

school climate is the most important step in preventing harassment. A school can have policies and

procedures, but these alone will not prevent harassment. This is the kind of good preventive work the

field needs to help ensure that schools provide a

safe and welcome environment for all students.”

January 1999

Archived Information
Archived Information
THE SECRETARY OF EDUCATION

WASHINGTON, D.C. 20202

January 6, 1999

Dear Colleague:

I am very pleased to join with the National Association of Attorneys General (NAAG) in issuing

this Guide for schools on protecting students from harassment and hate crimes. The Guide is the

product of a joint effort by NAAG and the Office for Civil Rights (OCR) of the U.S. Department

of Education. Similar to other guidelines that this Department has issued on issues such as

religion in the schools, school safety, and school uniforms, it is designed to be a source of

information and help to schools and school districts in dealing with fundamental problems and

issues that they must confront.

Our schools owe students a safe environment that is conducive to learning and that affords all

students an equal opportunity to achieve high educational standards. Harassment and hate

crimes undermine these purposes and may cause serious harm to the development of students

who are victimized by this behavior.

I hope that you find the information in the Guide useful.

Yours sincerely,

Richard W. Riley

Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.

Archived Information
Archived Information
Dear School Superintendents, Administrators, School Board

Members and Equity Coordinators:

As education and law enforcement officials, we are all committed to

ensuring that students throughout our nation are able to attend school

safely, free from all forms of harassment. Regrettably, however, some

students are subject to verbal and physical abuse and intimidation

based on their race, ethnicity, national origin, religion, sex, disability,

or sexual orientation. This harassment can lead to serious violence

against students and can affect adversely their ability to learn or to

benefit from an educational program.

School officials, working closely with students, parents and community groups, play a critical role in ensuring that such forms of harassment and violence have no place in our schools. In this regard, we are

pleased to provide you the enclosed copy of Protecting Students from

Harassment and Hate Crime: A Guide for Schools, developed jointly by

the U.S. Department of Education, Office for Civil Rights, and the

Bias Crimes Task Force Subcommittee of the National Association of

Attorneys General.

The Guide provides school administrators and others with practical

guidance for developing a comprehensive approach to protecting

students from harassment and violence. It provides step-by-step assistance to schools for:

• developing a comprehensive written anti-harassment policy;

• identifying and responding effectively to harassment;

• establishing formal reporting and complaint procedures;

• creating a safe and supportive school climate;

• responding to hate-motivated violence through cooperation and

partnerships between school and law enforcement officials; and

• developing crisis intervention plans to avoid disruption of the

educational process.

The Guide defines and describes harassment and hate crimes, contains

information about applicable laws, details specific positive steps that

schools can take to prevent and respond to harassment, includes sample

Archived Information
Mike Moore

Attorney General of Mississippi

President, National Association of

Attorneys General

Andrew Ketterer

Attorney General of Maine

Chair, Civil Rights Committee

National Association of

Attorneys General

policies and procedures used by school districts in the United States, and

identifies many of the resource materials available to assist schools.

While the use of the attached Guide will by no means eliminate all

harassment and violence at schools, we believe that information contained in it will provide invaluable assistance to schools when developing

the policies and procedures necessary to create safe schools that foster

constructive relationships among students and staff. Ultimately, it will

take the efforts of all members of the community, educators, parents,

students, law enforcement and others to make schools a place where

every single student is safe and has an equal opportunity to learn.

We hope you will find this Guide useful and look forward to working together with you to prevent harassment and violence in our

nation’s schools.

Yours sincerely,

Norma V. Cantú

Assistant Secretary for Civil Rights

U.S. Department of Education

Archived Information
Acknowledgments

This Guide was developed jointly by the U.S. Department of Education and the Bias Crimes Task Force of the National

Association of Attorneys General (NAAG). The time and commitment of the following people are gratefully acknowledged.

These individuals were responsible for drafting this document, providing legal review, project direction, subject matter

expertise and other assistance without which publication of this document would not have been possible.

Arthur L. Coleman

Deputy Assistant Secretary

Barbara Wolkowitz

Senior Staff Attorney, Chicago Office

John Benjes

Chief Attorney, Seattle Office

Doreen Dennis

Attorney

Program Legal Group

Rosemary Fennell

Management & Program Analyst

Program Legal Group

This Guide is not intended to and does not add to or subtract from any otherwise applicable requirements contained

in any federal or state law. The Guide is intended to provide suggestions that school systems may find helpful to

address the issue of harassment and violence in the schools. Participation by the Bias Crimes Task Force of the NAAG

Civil Rights Committee and the United States Department of Education, Office for Civil Rights (OCR) in this joint

project should not be interpreted to mean that NAAG, any state Attorney General’s office, or the Department of

Education requires any school department, school district or school to make use of this Guide.

Materials reprinted or cited in this Guide and Appendices are provided for illustrative purposes only and are not

specifically endorsed or approved by the Office for Civil Rights or the National Association of Attorneys General.

Appreciation for permission to reprint such materials is especially extended to the following sources: Alexander

Hamilton Institute, Ramsey, New Jersey; the Thompson Publishing Group, Washington, D.C.; Programs for Educational Opportunities, University of Michigan School of Education; Alameda County (California) Office of Education;

WestEd, Los Alamitos, California; the Anti-Defamation League; and Hilda Quiroz, Consultant, Soquel, California.

Permission to reprint this public domain publication is not necessary. However, if the Guide is reprinted, please cite

it as the source and retain the credits to the original author or originator of any of the documents contained in the

Appendices. For questions about reprinting material in the Appendices, contact the author or originator of the

document. The full text is also available at OCR’s home page at http://www.ed.gov/offices/OCR/. Individuals with

Office of Elementary and Secondary Education

Safe and Drug-Free Schools Program

Bill Modzeleski Sara Strizzi

Director Program Analyst

NATIONAL ASSOCIATION OF ATTORNEYS GENERAL

Bias Crimes Task Force of the Civil Rights Committee

Education Subcommittee

Chair:

Richard W. Cole

Chief, Civil Rights Division

Office of the Attorney General

Massachusetts

Members:

Stephen L. Wessler

Assistant Attorney General

Department of the Attorney General

Maine

Craig Y. Fujii

Assistant Attorney General

Office of the Attoney General

Arizona

Judy Drickey-Prohow

Assistant Attorney General

Office of the Attorney General

Arizona

Paul R. Sheridan

Senior Assistant Attorney General

Office of the Attorney General

West Virginia

Terrence A. Smith

Assistant Attorney General

Office of the Attorney General

Florida

Andrea M. Hampton

Supreme Court & Civil Rights

Project Manager

National Association of

Attorneys General

Susan Craig

Assistant General Counsel

Division of Educational Equity

Karl M. Lahring

Deputy Assistant General Counsel

Division of Educational Equity

Joan Bardee

Attorney

Lisa Battalia Anthony

Attorney

U.S. DEPARTMENT OF EDUCATION

Office for Civil Rights Office of the General Counsel

Archived Information
disabilities may obtain this document in an alternate format (e.g., Braille, large print, audiotape, or computer diskette)

on request. For more information, please contact us at: U.S. Department of Education, Office for Civil Rights, by

telephone at 800/421-3481, by email at OCR@ed.gov, or at any of the field offices listed in this Guide. Individuals

who use a telecommunications device for the deaf (TDD) may call OCR’s TDD number at 202/205-5166.

The template for this publication was designed by Eda Warren, Desktop Publishing Services, Inc., Chicago, Illinois.

Assistance was provided by Glenn Schulman, Synergistics, and Sabrina Thomas and Maribel Alvarez, OCR.

Archived Information
• Letters from the U.S. Department of Education &

the National Association of Attorneys General

• Acknowledgments

• Table of Contents

• Introduction

Part I: The Fundament als

A Comprehensive Approach to Eliminating Harassment and Hate Crime. . . . . . . . . . . . . . . . . . . . . . . 3

Develop written policies that prohibit unlawful harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Identify and respond to all incidents of harassment and violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Provide formal complaint procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Create a school climate that supports racial, cultural, and other forms of diversity . . . . . . . . . . . . . . . . . . . . . 8

Work with law enforcement agencies to address and prevent hate crimes and civil rights violations . . . . . . 10

Part II: Step-By-Step Guidance

Developing the District’s Written Anti-Harassment Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

State the school district’s commitment to eliminating harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Include all harassment prohibited by federal, state, and local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Define harassment based on race and national origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Define sexual harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Define harassment based on disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Explain that a hostile environment depends on the context in which the conduct occurs . . . . . . . . . . . . . . . . . 19

Define other types of harassment prohibited by state law or by district choice . . . . . . . . . . . . . . . . . . . . . . . . . 19

Specify procedures for accepting and responding to reports of harassment,

including a formal complaint process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Prohibit retaliation against persons who report discrimination or participate in related proceedings . . . . . . . . 20

Consider the First Amendment and freedom of speech . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Identifying and Responding to Incidents of Harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Encourage students and parents to notify the district when harassment occurs . . . . . . . . . . . . . . . . . . . . . . . . 23

Provide knowledgeable staff responses to reports of harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Require employees to report harassment and to intervene to stop it . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Make appropriate law enforcement referrals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Investigate all reports of harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Take prompt remedial action appropriate to the offense and the age and identity of the parties . . . . . . . . . . . . 27

Formal Complaint/Grievance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Notify all members of the school community of the grievance procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Specify the process for filing complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Provide adequate, reliable, and impartial investigation of complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Resolve complaints promptly, issue findings, and take remedial action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Protect the rights of the parties when an informal resolution process is used . . . . . . . . . . . . . . . . . . . . . . . . 34

Contents

Archived Information
Creating a School Climate that Appreciates Diversity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Provide ample information about the anti-harassment program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Invest in training of school board members, administrators, and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Educate students about harassment and discrimination and involve them

in prevention activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Implement monitoring programs and prevention strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Involve parents and community members in anti-harassment efforts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Appoint one or more employees to coordinate the district’s anti-harassment activities . . . . . . . . . . . . . . . . . 38

Maintain an adequate record-keeping system and regularly evaluate the data collected . . . . . . . . . . . . . . . . 38

Addressing Hate Crimes and Conflicts in School and in the Community . . . . . . . . . . . . . . . . . . . . . . 41

Identify the hate crime laws that apply in the school’s jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Recognize bias-motivated crime and violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Contact law enforcement personnel, as appropriate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Prepare for crisis situations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Coordinate the school’s anti-harassment activities with the larger community . . . . . . . . . . . . . . . . . . . . . . . . 44

Be aware of and follow applicable federal, state and local reporting procedures . . . . . . . . . . . . . . . . . . . . . . 44

Enforce the district’s anti-harassment policies consistently and vigorously . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Notes on Parts I and II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Appendices

Appendix A: Sample School Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Arizona Sample School Policy Prohibiting Harassment and Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Minnesota Sample School Board Policy Prohibiting Harassment and Violence . . . . . . . . . . . . . . . . . . . . . . . . 63

Vermont Model Anti-Harassment Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

Rules of the West Virginia Board of Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

Memorandum of Understanding between New Jersey Education and

Law Enforcement Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

Edmonds School District Comprehensive Plan for Addressing Racial and Ethnic Tensions . . . . . . . . . . . . . . 83

Appendix B: Protocols and Checklists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85

Complaint Investigation: The Basics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Checklist for the Evaluation of Grievance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

Investigating Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97

Checklist and Survey: Is Harassment a Problem in Your School? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

Hate Crime School Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

Addressing Racial Harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

Preventing and Responding to Hate-Motivated Behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

Sample Hate-Motivated Behavior Incident Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

Preventing Hate Speech, Behavior and Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117

Guidelines for Determining Hate Motivation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

Graffiti Removal Protocol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

Conflict Intervention Teams — A Response to School Crises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

Erasing Hate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127

Appendix C: Other Reference Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

Letter from the Secretary of Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133

State Hate Crimes Statutory Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135

Appendix D: Sources of Technical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137

Appendix E: Books, Publications and Videos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153

Archived Information
Introduction

This Guide represents a joint effort of the Office for Civil Rights (OCR) of the

United States Department of Education and the National Association of Attorneys

General (NAAG) to provide elementary and secondary schools with practical

guidance to help protect students from harassment and violence based on race,

color, national origin, sex, and disability. The laws enforced by the U.S. Department of Education protect students from discrimination on these bases.1

 The

Guide may also be of assistance in protecting students from harassment based

on sexual orientation, religion, or other grounds that are covered by state or

local laws or that schools recognize as particularly damaging to their students.2

Too many students are hurt by harassment. In one survey, 68% of girls and 39%

of boys, grades 8-11, reported sexual harassment. Another study indicated that 20%

to 25% of students had been victimized in racial or ethnic incidents in the course of

a school year.3

 Frequently, a juvenile is either the offender or the victim in violent

crimes motivated by racial and ethnic prejudice and sexual aggression.

Students may encounter harassment by other students or by teachers and

other school employees. Students may also experience harassment by members

of the public who are participating in school activities, such as spectators at

athletic events. Harassment can encompass a range of harmful conduct, from

the most violent crimes to episodes of vandalism or persistent and abusive

name-calling among grade school students that may deprive students of equal

educational opportunities. If ignored, harassment can jeopardize students’

academic achievement, undermine their physical and emotional well-being,

provoke retaliatory violence, damage the school’s reputation, and exacerbate

community conflicts.

This Guide provides a framework for developing policies and practices to

prevent harassment and to respond to it effectively when it does occur. Such

policies and practices should also assist school districts in avoiding legal claims.

Actions that are specifically required by current federal law are identified in

the Guide. The Guide also recommends best practices to ensure an effective

program. For detailed information on applicable federal civil rights

requirements, readers should consult two guidance documents on racial and

sexual harassment issued by the Office for Civil Rights.4

 Many states also have

laws that prohibit discrimination and harassment based on race, national origin,

sex, disability, religion, or sexual orientation. In some cases, incidents of

harassment may violate state, local, or federal criminal laws. For specific information on state and local laws applicable to harassment and hate crime, schools

should consult the state attorney general and the department of education in

their state. Because legal requirements can change as a result of new legislation

and court decisions, users of this guidebook should consult agencies knowledgeIntroduction 1

Introduction

Archived Information
2 Protecting Students from Harassment and Hate Crime

able about civil rights laws from time to time for updated information. Schools

should consult their own attorneys for specific legal advice.

Part I of this Guide — the Fundamentals — briefly explains the basic concepts

and strategies that are part of a comprehensive approach to eliminating harassment and hate crime. Part II — Step-by-Step Guidance — elaborates upon the

elements of an effective anti-harassment program that were introduced in Part I.

The Appendices provide the names and addresses of organizations that have

experience and expertise in addressing harassment and violence, gives examples of

widely used educational materials and classroom techniques for preventing

harassment and promoting tolerance, and identifies other resources for schools in

developing effective anti-harassment programs.

The examples of anti-harassment policies and procedures presented for illustrative purposes are taken from existing state and local school policies. Inclusion of a

particular policy in this document does not signify its endorsement by OCR, any

other federal agency, or NAAG. Consideration of a range of such examples should

assist schools in determining which methods and procedures will best support

their district’s anti-harassment policies and programs. As discussed further in

this Guide, all anti-harassment policies should be written and applied in a

manner that recognizes the First Amendment rights of students and employees.

Introduction

Archived Information
Fundamentals 3

I: Fundamentals

Part I:

The Fundamentals

A Comprehensive Approach to

Eliminating Harassment

and Hate Crime

Archived Information
4 Protecting Students from Harassment and Hate Crime

I: Fundamentals

Archived Information
Fundamentals 5

I: Fundamentals

T

o establish an educational environment free

from discrimination and harassment will

ordinarily require more than just punishing

individual instances of misconduct. Students will

benefit most from stopping harassment from

happening at all. Therefore, an effective antiharassment program must incorporate the kinds of

strategies that will prevent harassment, not merely

increase the chance of punishment. While building

a strong program often starts with developing and

enforcing written policies and procedures, all of a

school district’s programs and activities should

support its anti-harassment efforts. The school’s

instructional program, calendar of events, extracurricular activities, professional development efforts,

and parent involvement initiatives are key to

establishing an environment in which respect for

diversity can flourish.

Successful prevention strategies depend on the

coordinated efforts of all school employees, including individuals responsible for administration,

curriculum, instruction, discipline, counseling,

public relations, and personnel. Parents, students,

law enforcement agencies, and other community

organizations also play an important role. Schools

should consider developing action plans both at the

district level and at individual school sites that

specify the steps each segment of the school community will take to implement a comprehensive

anti-harassment program.

By designing and implementing a comprehensive

approach, schools can establish the framework for a

safe environment conducive to learning for all

students. The key components are as follows.

Develop written policies that prohibit

unlawful harassment

At a minimum, a school’s governing authority should

adopt and disseminate written policies that:5

• Set forth the school’s commitment to protect

students from harassment and violence and to

maintain a nondiscriminatory environment

• Identify the types of harassment prohibited by the

policy and give examples

• Require staff to report harassment that they learn

about

• Explain how to report harassment and to whom to

report it

• Describe the various steps the school will take to

respond to reported incidents

• Include formal complaint procedures

• Prohibit retaliation against persons who report

harassment or participate in related proceedings

• Ensure that all members of the school community

are aware of their rights and responsibilities

Student codes of conduct and personnel policies should

also be examined to ensure that they contain rules

of behavior, offense categories, and disciplinary

procedures to address violations of the district’s

anti-harassment policies appropriately.

For additional recommendations, see Part II:

Developing Written Anti-Harassment Policies,

page 15.

Identify and respond to all incidents of

harassment and violence

All staff and administrators should be taught to

accurately and sensitively advise students and

parents reporting harassment of the relevant school

policies and the options for stopping the harassment. In all instances, students and parents reporting harassment should be told how to file a formal

complaint. Reporting procedures should be easy to

use and well publicized. At least one employee

should be formally designated and trained to

receive complaints. The names and positions of the

Part I: The Fundament als

A Comprehensive Approach to Eliminating Harassment and Hate Crime

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6 Protecting Students from Harassment and Hate Crime

I: Fundamentals

Steps in a comprehensive approach

• Board members, district administrators, and the superintendent recognize the

urgency of the problem of unlawful harassment and hate crime, identify people and

agencies that can help them develop effective prevention and response strategies,

and compile a library of useful materials

• School officials select personnel to work on creating an effective anti-harassment

program in consultation with parents, students, and community groups

• Compliance coordinators are appointed and trained

• School personnel assess the school climate to determine the prevalence and types

of harassment that may exist and the potential for hate-motivated violence

• School district adopts a written anti-harassment policy or reviews and revises

existing policies for accuracy, clarity and legal compliance; the policy is clearly

communicated to all members of the school community; and school personnel and

students are held accountable for their actions

• School district develops a formal grievance procedure and takes steps to make

sure it is working properly

• Instructional personnel use or supplement the district’s curriculum and pedagogical

strategies to foster respect and appreciation for diversity

• School sites institute, improve, or expand age appropriate student activities to

prevent or reduce prejudice and conflict

• School district and individual school sites institute specific measures to respond

immediately and effectively when harassment occurs to stop the harassment and

prevent recurrence

• School officials flexibly apply response mechanisms to both the victim and the

perpetrator, taking into account the parties’ ages and the context of the behavior

• School personnel continually monitor the school climate and promptly address

problems that could lead to harassment or violence or that indicate that harassment

could be occurring

• Appropriate school officials become familiar with pertinent civil and criminal laws at

the state, local, and federal levels, so that they are able to recognize possible civil

rights violations, hate crimes and other criminal acts

• Schools develop guidelines and procedures for collaboration with law

enforcement officials, make appropriate referrals to outside agencies, and

designate liaison personnel

• Crisis intervention plans are in place to minimize the possibility of violence or

disruption of the educational process

• District-level personnel and individual school sites form continuing partnerships

with parents and the community to prevent hate crimes and harassing behaviors

• Staff training and professional development programs support the district’s antiharassment efforts

• All harassment incidents are carefully documented and incidents are reported to

outside authorities as required

• District regularly assesses the effectiveness of its anti-harassment efforts

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Fundamentals 7

persons designated should be made known to all

I: Fundamentals

members of the school community.

Require all staff to report to a designated school

official, who has authority to take corrective action,

any harassment that students report to them or that

the employees observe. School personnel should not

overlook incidents that, viewed alone, may not rise

to the level of unlawful harassment. Consistent

enforcement of all disciplinary rules and meaningful interventions by staff to teach appropriate

behavior will tend to discourage more severe

misconduct and to help achieve an atmosphere of

respect and courtesy. Consider all available resources

to address instances of inappropriate behavior,

including increased parental involvement.

A repertoire of options that consider the nature

of the conduct and the age and identity of the

perpetrator and target of harassment are needed to

respond to incidents of varying levels of severity,

persistence, and pervasiveness. Top school officials

or a designated coordinator may wish to screen all

allegations of harassment to make sure that an

appropriate course of action will be taken.

In responding to incidents of harassment,

schools should pay close attention to the possibility

that harassers and their friends and associates may

attempt to retaliate against persons who report

harassment. Retaliation or reprisals can include

threats, bribes, unfair treatment or grades and

further harassment such as ridicule, pranks, taunting, bullying, and organized ostracism.

Recognize that students may be harassed, not

only because of their own race, sex, ethnicity or

other characteristics, but also because of their

association with individuals who are members of a

targeted group.

• Immediate investigation of all reported incidents to determine whether the alleged

harassment occurred, determine the scope and severity of the behavior, identify the

perpetrators, evaluate the harm to the victims, and determine the appropriate

corrective action

• Immediate referral to law enforcement authorities when the acts in question are

violent or criminal in nature

• Forthright announcements by school authorities condemning the harassment and

promising appropriate corrective action when the incidents are well known or of

public concern6

• Punishment, as appropriate, of harassers who violate provisions of the school’s

student disciplinary code, such as provisions against sexual and racial harassment,

obscene language, vandalism, other property damage, physical assault, threats

and intimidation, etc.

• Disciplinary action, as appropriate, against employees who violate the school’s

policies against sexual, racial, and other types of harassment

• Ongoing remedial actions intended to prevent recurrence, such as increasing adult

supervision of an activity in which incidents have occurred and close monitoring of

the victim’s security

• Emotional and psychological support as needed by the harassment victim

• Informal procedures for resolution, such as peer mediation or counseling, when

informal resolution is voluntarily selected by the parties, the harassment victim has

full knowledge of the right to pursue the formal complaint process, and the school

determines that informal resolution is appropriate for the incident in question

• Teaching students who engage in harassing conduct more acceptable behavior,

especially where the students are very young or the conduct was not intended to be

harmful

Effective mechanisms to respond to incidents of harassment

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8 Protecting Students from Harassment and Hate Crime

I: Fundamentals

For additional recommendations, see Part II:

Identifying and Responding to Incidents of

Harassment, page 23.

Provide formal complaint procedures

A formal complaint process is necessary in addition

to the various other mechanisms that districts

should use to address all incidents of harassment.

The district should provide formal complaint

procedures that ensure students and their parents a

means of obtaining corrective action, if they prefer

to file an official complaint or are dissatisfied with

the district’s response to alleged harassment.

Federal laws prohibiting sex and disability

discrimination require prompt and equitable

complaint procedures that incorporate due process

standards.7 Such procedures are also recommended

to address complaints of race and national origin

discrimination, and other types of discrimination

addressed by a district’s policy. The term “grievance

procedures” is also used to refer to formal complaint procedures, and this Guide uses the terms

interchangeably.

Formal complaint procedures should include:

• Notice to students, parents, and employees of the

process, including how and where complaints can

be filed

• An opportunity for a prompt, thorough, and

impartial investigation, including the opportunity

to present witnesses and other evidence

• Confidentiality of the complainant, the alleged

harasser, and any witnesses, to the extent possible

in the particular case8

• Notification to the complainant of the outcome of

the complaint consistent with any legally required

privacy restrictions9

• Effective remedies when discrimination is found

For additional recommendations, see Part II:

Formal Complaint Procedures, page 31.

Create a school climate that supports

racial, cultural, and other forms of diversity

There is a growing consensus among educators that

the best way to protect students from harassment is

to establish a secure environment that expects

appropriate behavior and promotes tolerance,

sensitivity to others’ views, and cooperative interactions among students. Effective anti-harassment

programs therefore endeavor to provide students

with a curriculum, teaching methods, and school

activities that discourage stereotypes and respond to

the concerns of students of different races and

cultural backgrounds.

MAKE EXPECTATIONS CLEAR. The district

should regularly communicate its policies against

harassment to all members of the school community, including students, staff, parents, and school

visitors, and make it clear that the policies will be

enforced. Take steps to make sure that students are

able to identify harassment, understand its causes

and effects, and feel comfortable reporting instances

of harassment.

MONITOR THE SCHOOL ENVIRONMENT

AND DOCUMENT ALL INCIDENTS. The

school environment and activities should be regularly monitored to ensure that harassment is not

occurring. All instances of alleged or suspected

harassment, whether or not substantiated, should

be documented. Documentation should include all

disciplinary incidents in which race, national origin,

sex, disability, or other subjects of district concern

are a factor.

IDENTIFY STUDENT AND PARENT CONCERNS. Without an effort to identify student and

parent concerns, school officials may not realize the

extent of harassment that occurs in their schools. To

identify areas needing attention, school officials

should seek out information about underlying

conflicts and tensions among students, both in

school and in the community. Areas of concern

could include possible antipathy toward recent

immigrants, pervasive racial stereotypes, frequent

sexual harassment, and any inequities in treatment

by school personnel as perceived by students and

parents. Such information can be obtained via a

voluntary survey or through public meetings.

Maintain contact with students and parents to

identify potential “trouble spots” for attention

before harassment occurs.

STAFF TRAINING. A school district should

provide sufficient training to enable employees to

take an active part in the district’s efforts to prevent

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Fundamentals 9

and address harassment. In-service training and

I: Fundamentals

professional development opportunities should be

geared to:

• Assist teachers, coaches, counselors, administrators, and paraprofessionals to recognize harassment and prejudice and to apply techniques for

on-the-spot intervention

• Deepen the understanding of teachers and other

employees of diverse cultural attitudes and behaviors; racial, ethnic, and sex based stereotypes; and

the types of problems faced by students at school

and in the community

• Enable teachers to use specific prejudice reduction

curricula, materials, and techniques in the classroom

• Increase employees’ sensitivity to the phenomena

of racial, sexual, and disability harassment and the

emotional, psychological, and educational damage

that may result

• Inform teachers and other employees of expected

behavior to prevent charges of harassment and

suggest ways to improve communication skills to

avoid unintended offense

• Ensure that all employees appropriately advise

students and parents who report harassment of

their options for obtaining help

• Enable administrators, compliance coordinators,

complaint managers, complaint investigators, and

school disciplinarians to properly perform their

duties as designated by district policies

CURRICULUM AND TEACHING METHODS. Successful anti-harassment efforts generally

provide opportunities for students to overcome

ignorance, mistrust, and biases. Age appropriate

prejudice reduction and sexual respect concepts can be

included in social studies, literature, and other classes.

Examples of teaching strategies that can help to

reduce prejudice include modeling unbiased

behavior, improving students’ critical thinking

skills, helping students to develop empathy, and

encouraging cooperative learning.10 Numerous

curriculum materials are available with little or no

charge. For examples of prejudice reduction programs and related materials, see Preventing Youth

Hate Crime: A Manual for Schools and Communities

and the Annual Report on School Safety published by

the U.S. Department of Education in conjunction

with the U.S. Department of Justice and other

publications cited in Appendix E of this Guide.

Preventing Youth Hate Crime: A Manual for Schools

and Communities and the Annual Report on School

Safety are available at www.ed.gov/offices/OESE/

SDFS/news.html.

STUDENT ACTIVITY AND MEDIATION

PROGRAMS. Student activities, such as leadership

clubs, that encourage students of different backgrounds and both sexes to work together on shared

projects can contribute to intergroup understanding. Many schools use trained student mediators to

resolve personal conflicts that could lead to harassment. In some schools, student volunteers are

trained to discuss diversity issues with their peers or

younger students in the classroom.

APPOINTMENT OF COMPLIANCE COORDINATOR. Federal regulations require the appointment of individual employees to coordinate

the district’s efforts to comply with laws against sex

and disability discrimination.11Appointment of

individuals to coordinate efforts to eliminate

discrimination based on race, national origin, and

other grounds covered by the district’s policy is also

recommended.

The duties of compliance coordinators (also

termed “equity coordinators”) might include:

• Maintaining and analyzing documentation of all

harassment incidents

• Regularly reviewing the effectiveness of the

district’s efforts to correct and prevent harassment

and proposing improvements

• Regularly assessing the adequacy of training for

staff, administrators, students, and parents and

proposing improvements

• Advising and assisting other personnel to properly

handle complaints and reports of harassment

• Ensuring that top district officials are informed

about harassment incidents and the adequacy of

the school’s response

The names, positions, addresses and telephone

numbers of the compliance coordinator(s) should

appear in all publications and postings of district

policies and complaint procedures.

For additional recommendations, see Part II:

Creating a Positive School Climate, page 35.

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10 Protecting Students from Harassment and Hate Crime

I: Fundamentals

Work with law enforcement agencies to address

and prevent hate crimes and civil rights

violations

DEFINITION OF HATE CRIME. Depending on

the jurisdiction, hate or bias crimes involve criminal

acts in which the victims are selected based on

characteristics such as race, national origin,

ethnicity, sex/gender, religion, sexual orientation or

disability. Bias crimes include both attacks on

persons and on property. Typical hate crimes

include threatening phone calls, hate mail, physical

assault, threats of harm or violence, arson, vandalism, cross burnings, destruction of religious symbols, bombings and bomb threats. School officials

should find out the specific definition of bias crimes

established by their state and local governments.

There is no bright line between hate crime and

noncriminal harassment, and some incidents may

include elements of both. For a summary of state

hate crime laws, compiled by the Anti-Defamation

League, see Appendix C.

No school district or community is immune

from the damage that can be done by bias crime,

and such crimes can happen even in schools with

excellent reputations. Bias crimes that occur in

school can create or exacerbate tensions that

contribute to community-wide conflicts and civil

disturbances. Bias offenses committed outside of

school may quickly affect the school climate and

relationships among students. Therefore, schools

also need to be aware of incidents in the community and become involved in preventing and

addressing them.

REFERRALS TO LAW ENFORCEMENT

AUTHORITIES. School officials should contact

law enforcement officials when hate crimes are

committed or suspected on school property or in

connection with off-site school activities. School

officials should also contact law enforcement

officials when they become aware of any criminal

behavior that endangers the life or safety of students

or other persons, whether or not the behavior

occurs on school property or in school activities.

School officials should consider developing

guidelines for referral of less serious incidents to

appropriate authorities. Circumstances that may be

considered in determining whether a referral is

appropriate or necessary include the nature and

seriousness of the conduct, whether a pattern of

biased conduct is evident, and the risk that the

conduct poses to the health, safety, or well-being of

students, employees, and the public. For example,

school officials should tell law enforcement officials

about apparently less serious instances of harassment if these could lead to violent retaliation or

serious confrontations outside of school.

 Schools are encouraged to establish ongoing

lines of communication with law enforcement

agencies. Also, schools that have on-site security

personnel should involve them in efforts to address

and prevent hate crimes.

PRESERVATION OF EVIDENCE. School

officials should balance the need to preserve the

physical evidence of hate crimes for investigation

and the need to minimize the exposure of students

to harmful messages.13 In addition to violating the

school’s disciplinary code or anti-harassment

policies, certain kinds of graffiti may also be of

interest to law enforcement agencies. Some law

enforcement authorities recommend that evidence

of graffiti be preserved for investigation when the

graffiti is repetitive or persistent, is located in places

Federal law prohibits the intentional use of force or threat of force against a person

because of his or her race, color, religion, or national origin for the purpose of interfering with the person’s enrollment or attendance in any public school or college.

Federal law also allows more severe penalties when persons convicted of federal

crimes were motivated by bias against the “actual or perceived race, color, religion,

national origin, gender, disability, or sexual orientation of any person.”12

Federal statutes related to hate crimes

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Fundamentals 11

I: Fundamentals

of high visibility, identifies particular targets,

identifies the perpetrator, contains incitements to

violence, threats or intimidation, and/or targets

particular groups.15 Use methods to reduce exposure

to the offense which do not destroy the physical

evidence, such as covering or concealing it. Photographing all instances of hate-motivated or harassing graffiti is a good practice, and, if a criminal

violation is involved, the physical evidence should

be preserved until the police approve removal.

CRISIS INTERVENTION PLANS. Crisis intervention plans should include methods of rumor

control, media contacts, close and continuing

communications with students, parents, and the

community, and liaison with law enforcement

agencies and experts in crisis management. For

information on crisis avoidance and response

strategies for schools and communities, see Early

Warning, Timely Response: A Guide to Safe Schools,

available at www.ed.gov/offices/OSERS/OSEP/

earlywrn.html.

OCR ENFORCEMENT. School officials should

inform members of the school community of the

role of outside agencies in protecting students’ civil

rights. OCR investigates and resolves discrimination complaints, including complaints that schools

have allowed or condoned sexual, racial or disability

harassment. The vast majority of meritorious

complaints filed with OCR are satisfactorily

resolved through an agreement with the school

district. If, however, resolution of such a complaint

does not occur, OCR can bring an administrative

Schools should encourage student victims to notify the police or file criminal charges,

where appropriate. Whether or not a student intends to file charges, the school should

make its own law enforcement referral. Notification to the police by the student or the

school does not relieve the school district of its obligation to investigate, make findings,

and remedy the harassment insofar as school-related conduct is involved. To avoid

compromising a criminal prosecution, schools should coordinate their activities with law

enforcement authorities. Persons injured by harassment should be told about all methods of obtaining corrective action. These include the school’s internal complaint procedures, criminal charges, and complaints with governmental and non-governmental

agencies that address civil rights violations in schools.14

Assist victim to pursue law enforcement options

hearing to suspend or terminate federal funds to a

school district that refuses to correct discrimination. OCR can also refer such complaints to the

United States Department of Justice, which can

initiate a lawsuit to secure remedial action.

STATE AND LOCAL CIVIL RIGHTS AND

EDUCATION LAWS. Acts of harassment may

also violate state or local civil rights, anti-discrimination, or education laws. In addition to harassment based on race, national origin, sex, and

disability, which is specifically covered by federal

law and many state laws, some states have laws that

prohibit harassment based on religion and sexual

orientation. In some states, such as Massachusetts,

the state attorney general is authorized to bring

civil suits to enjoin future criminal and certain

types of noncriminal civil rights violations with

criminal sanctions for noncompliance. Some states

have also enacted laws spelling out the steps that

schools must take to prevent or address harassment.

We strongly recommend that school districts

contact the attorney general of their state, the state

department of education, and county and municipal officials to determine what state and local

requirements apply and what state and local

remedies are available.

For additional recommendations, see Part II:

Addressing Hate Crime, page 41.

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12 Protecting Students from Harassment and Hate Crime

I: Fundamentals

Archived Information
Step-by-Step 13

II: Step-by-Step

Part II:

Step-by-Step

Guidance

• Developing the District’s Written

Anti-Harassment Policy

• Identifying and Responding to

Incidents of Harassment

• Formal Complaint/Grievance Procedures

• Creating a School Climate that

Supports Diversity

• Addressing Hate Crimes and Conflicts

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14 Protecting Students from Harassment and Hate Crime

II: Step-by-Step

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Step-by-Step 15

II: Written Policies

A

comprehensive approach for eliminating

harassment includes developing and disseminating strong, written policies specifically

prohibiting harassment. Policies should take into

account the significant legal factors relevant to

determining whether unlawful harassment has

occurred and should be tailored to the needs of the

particular school or school district.

COMPONENTS OF POLICY. The policy should

do the following:16

• State the school’s commitment to eliminate

harassment

• Define all of the types of harassment covered by

the policy, which may include harassment based

on race, color, national origin, ethnicity, sex,

disability, sexual orientation, and religion

• Include examples of the kinds of harassing behaviors covered

• Identify the kinds of activities and sites where

prohibited conduct could occur

• Include standards for determining whether a

hostile environment exists

• Identify the means the school will use to investigate incidents of harassment

• Specify that the school will take remedial action to

stop the harassment and prevent recurrence

• Include specific procedures to address formal

complaints of discrimination

• State the name and position of the employee(s)

responsible for accepting and managing complaints of harassment and how to contact the

individual(s)

• Require staff to report harassment about which

they become aware

• Prohibit retaliation against persons who report

harassment or participate in related proceedings

A district will need to decide whether to adopt one

policy covering all types of unlawful harassment or

separate policies covering the different bases of

harassment. Small districts may find it more

practical to develop one policy. If a district adopts

more than one policy to cover different types of

harassment, it should use the same grievance

procedures for all harassment complaints to avoid

confusion.

PROCESS OF POLICY DEVELOPMENT. The

process for developing an anti-harassment policy

can be used to educate all members of the school

community about harassment and the tools for

responding. Taking the following steps will help to

demonstrate that the district is committed to

vigorous enforcement of its policy:

• Seek the participation of all categories of persons

affected by the policy in the development process

• Make sure that the individuals designated to

develop the policy have sufficient time, training,

and access to expertise to design a high-quality

program

• Obtain comments from members of the community, the school’s attorney, state agencies, and other

persons and agencies knowledgeable about harassment and civil rights issues before finalizing the

policy

• Plan a sequence of activities for implementing the

district’s policy effectively, including training

• Provide for review and updating of the district’s

policy on a regular basis

• Coordinate the district’s anti-harassment policy

with other district policies and procedures,

especially student codes of conduct, personnel

rules, and other nondiscrimination policies

affecting students and employees

The points that should be included in the district’s

anti-harassment policy are discussed in the following pages.

Part II: Step-by-Step Guidance

Developing the District’s Written Anti-Harassment Policy

Policies 15

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16 Protecting Students from Harassment and Hate Crime

II: Written Policies

State the school district’s commitment

to eliminating unlawful harassment

Policies should state the district’s prohibition of

harassment and its commitment to maintain an

environment conducive to learning for all students.

EXAMPLE: It is the policy of the ______ School District to maintain a learning . . . environment that is free from religious, racial or

sexual harassment. . . .The School District prohibits any form of

religious, racial or sexual harassment and violence.

Source: Sample School Board Policy prepared by the Minnesota School Boards

Association17

Include all harassment prohibited by

federal, state, and local laws

COVERAGE UNDER FEDERAL AND STATE

LAWS. At a minimum, the district’s policy should

cover harassment based on race, color, national

origin, sex, and disability, because these types of

harassment are forbidden by federal laws prohibiting discrimination by school districts receiving

federal financial assistance. The district’s policy

should also cover other kinds of harassment, such as

harassment based on sexual orientation or religion,

as prohibited by state or local laws. The state

department of education, the state attorney general,

and municipal and county officials can provide

information on state and local requirements.

ACADEMIC AND NONACADEMIC SETTINGS. As required by federal law, the policy

should apply in all academic programs and extracurricular activities, including school-sponsored

events away from school. Examples of settings in

which prohibited harassment can occur include

school classrooms and hallways, school buses,

cafeterias, athletic competitions, field trips and

cooperative work programs.

EMPLOYEES, STUDENTS, AND THIRD

PARTIES. The policy should prohibit harassment

by district employees and students.18 In addition,

the policy should explicitly cover harassment by

third parties not directly subject to district control

(i.e., persons who are not students or employees)

when such persons are engaged in school-sponsored

activities. Examples of third parties include audiences and competitors at interdistrict athletic

competitions, service contractors, school visitors,

and employees of businesses or organizations

participating in cooperative work programs with

the district.

Although the district may not be able to directly

penalize harassers who are not employees or students,

it must remedy and prevent a hostile environment in

all of the programs and activities it sponsors.19 If, for

example, employees of businesses participating in

cooperative work programs harass students, the

district should require the business or organization to

take immediate corrective action and monitor the

situation to ensure that the action was effective. If

corrective action is not taken, the district should

suspend or terminate the relationship.

Define harassment based on race and

national origin

Harassment based on race or national origin is oral,

written, graphic or physical conduct relating to an

individual’s race, color, or national origin (including

an individual’s ancestry, country of origin, or

country of origin of the student’s parents, family

members, or ancestors) that is sufficiently severe,

pervasive, or persistent so as to interfere with or

limit the ability of an individual to participate in or

benefit from the district’s programs or activities.20

Harassment of students because they are immigrants, speak another language, or have a foreign

accent may constitute discrimination based on

national origin or race or both, depending on the

circumstances. A racial or national origin basis for

acts of harassment may be evident from the explicit

statements of the perpetrator or may be inferred

from the surrounding circumstances. The kinds of

circumstances tending to show racial or ethnic

animosity or prejudice as a motivating factor for

harassment are listed on page 42 of this Guide.

A hostile environment may be created by behaviors such as the following:

• Intimidation and implied or overt threats of

physical violence motivated by race, color, or

national origin

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Step-by-Step 17

II: Written Policies

• Physical acts of aggression or assault upon another,

or damage to another’s property that is motivated

by the individual’s race, color, or national origin

• Depending on the circumstances and context,

demeaning racial jokes, taunting, racial slurs and

derogatory racial “nicknames,” innuendos, or

other negative or derogatory remarks of a racial

nature or relating to national origin21

• Depending on the circumstances and context,

graffiti and/or slogans or visual displays such as

cartoons or posters depicting racial/ethnic slurs or

racially/ethnically derogatory sentiments

• Criminal offenses directed at persons because of

their race or national origin

EXAMPLE: For purposes of this policy, racial harassment of a

student consists of verbal or physical conduct relating to an

individual’s race or color when:

1. the harassing conduct is sufficiently severe, persistent or pervasive that it affects a student’s ability to participate in or benefit

from an educational program or activity or creates an intimidating, threatening or abusive educational environment;

2. the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s academic

performance; or

3. the harassing conduct otherwise adversely affects an

individual’s learning opportunities.

Source: Sample School Policy prepared by the Office of the Arizona Attorney

General22

Define sexual harassment

Because there are some differences between this

form of harassment and race/national origin

harassment, a district’s policy should have a separate

definition of sexual harassment. Sexual harassment

can take two forms, quid pro quo and hostile environment.

Quid pro quo sexual harassment occurs when a

school district employee explicitly or implicitly

conditions a student’s participation in an education

program or activity or bases an educational decision

on the student’s submission to unwelcome sexual

advances, requests for sexual favors, or other verbal,

nonverbal, or physical conduct of a sexual nature,

whether or not the student submits to the conduct.

Hostile environment harassment occurs when

unwelcome sexual advances, requests for sexual

favors, and other verbal, nonverbal, or physical

conduct of a sexual nature by another student, a

school employee, or a third party are sufficiently

severe, persistent, or pervasive to limit a student’s

ability to participate in or benefit from an educational program or activity or to create a hostile or

abusive educational environment. Sexual harassment includes conduct that is also criminal in

nature such as rape, sexual assault, stalking, and

similar offenses.

EXAMPLE: Sexual Harassment - Sexual harassment consists of

unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct of a sexual nature when:

• Submission to that conduct or communication is made a term

or condition, either explicitly or implicitly, of . . . obtaining an education; or

• Submission to or rejection of that conduct or communication

by an individual is used as a factor in decisions affecting that

individual’s . . . education;

• That conduct or communication has the purpose or effect of

substantially or unreasonably interfering with an individual’s . . .

education or creating an intimidating, hostile or offensive . . . educational environment.

Sexual harassment may include but is not limited to:

a. Unwelcome verbal harassment of a sexual nature or abuse;

b. Unwelcome pressure for sexual activity;

c. Unwelcome, sexually motivated or inappropriate patting, pinching, or physical contact;

d. Unwelcome sexual behavior or words, including demands for

sexual favors, accompanied by implied or overt threats concerning an individual’s . . . educational status;

e. Unwelcome behavior, verbal or written words or symbols directed

at an individual because of gender;

f. the use of authority to emphasize the sexuality of a student in a

manner that prevents or impairs that student’s full enjoyment of

educational benefits, climate or opportunities.

Source: Racial, Sexual, Religious/Ethnic Harassment and Violence Policy of the

Legislative Rules of the West Virginia Board of Education23

HARASSMENT BY PERSON OF SAME SEX.

Under federal law, sexual harassment is prohibited

regardless of the sex of the harasser, i.e., sexual

harassment may occur even if the harasser and the

person being harassed are the same sex.24

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SEXUAL HARASSMENT OF GAY AND LESBIAN STUDENTS. Sexual harassment directed at

gay or lesbian students may constitute unlawful

sexual harassment. For example, targeting a gay or

lesbian student for physical, sexual advances may

constitute sexual harassment. However, nonsexual

harassing behavior directed at a student because of

the student’s sexual orientation does not constitute

sexual harassment under the federal discrimination

laws enforced by OCR. For example, heckling

comments made to students because of their sexual

orientation, such as “gay students are not welcome

here,” does not constitute sexual harassment under

Title IX.25

State laws may explicitly bar harassment based on

sexual orientation or treat it as prohibited sex discrimination. In addition, other federal, state, or local laws

may apply to harassment based on sexual orientation if

the behavior is criminal or violent in nature.

A district’s policy may include a statement that

harassing conduct of a sexual nature, which is

otherwise prohibited, is not exempted based on the

sex or sexual orientation of the harasser or target of

harassment.

EXAMPLE: This [the prohibition against sexual harassment] applies whether the harassment is between people of the same or

different gender.

Source: State of Vermont Model Anti-Harassment Policy

UNWELCOME SEXUAL CONDUCT. In order

to constitute prohibited sexual harassment, the

conduct must be unwelcome. Districts should

carefully consider, however, whether sexual conduct

between adult employees and students should ever

be characterized as welcome by a student. OCR’s

interpretation of Title IX is that sexual conduct

between an elementary age student and an adult

employee may never be considered welcome. Further,

such conduct between a secondary age student and an

adult employee is presumptively unwelcome.26 Some

school districts have chosen to adopt policies that ban

all sexual conduct between adult employees and

students or deem it unwelcome.27

Policies may remind members of the school

community that not all physical contact between

employees and students constitutes prohibited

sexual harassment.28

EXAMPLE: This prohibition [against sexual harassment] does

not preclude legitimate, nonsexual physical contact such as the

use of necessary restraints to avoid physical harm to persons or

property, or conduct such as [a] teacher’s consoling hug of a

young student, or one student’s demonstration of a sports move

requiring contact with another student.

Source: Sample School Policy Prepared by the Office of the Arizona Attorney General

Sexual harassment, because of its nature and its

prevalence in many schools, may warrant separate

in-depth, age-appropriate training for all students,

as well as staff. Training may cover the nature of

sexual harassment, the damage that results from

harassment, where students can find help, methods

of opposing sexual harassment of oneself or others,

and similar topics.

Define harassment based on disability

Section 504 of the Rehabilitation Act of 1973 and

the Americans with Disabilities Act of 1990 prohibit discrimination on the basis of disability by

school districts receiving federal funds and by

governmental entities, respectively. Harassment

based on disability has not received as much public

or legal attention as has racial and sexual harassment; however, disability related harassment is a

form of impermissible discrimination.29

School districts are advised to include disability

harassment in their policies and to consider such

harassment under similar standards as are applicable

to racial and sexual harassment. As in the case of

racial and sexual harassment, the age of the harasser

is an important element in determining whether

prohibited harassment occurred and in selecting an

appropriate remedy.

An example of possible disability harassment,

that is not typical of other kinds of harassment,

would occur where a person seeks to involve a

student with disabilities in antisocial, dangerous or

criminal activity where the student, because of

disability, is unable to comprehend fully or consent

to the activity.30

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II: Written Policies

Explain that a hostile environment depends

on the context in which the conduct occurs

TOTALITY OF CIRCUMSTANCES. To determine if particular conduct causes a hostile environment, a school will need to consider the conduct

from both a subjective and objective perspective. In

making this determination, all relevant circumstances should be considered, including the victim’s

age, race, sex, and disability status.

A hostile environment may be created even

though the student does not suffer tangible harm,

such as a drop in grades. For example, a hostile

environment could be found where a student, with

considerable effort, was able to continue to go to

school and achieve good grades despite the difficulties caused by the harassing behavior.

Schools also need to look at the type of conduct

involved. For instance, an isolated incident of

name-calling among older students of the same age

is unlikely, by itself, to establish a hostile environment as defined by federal law. However, a single

incident of severe harassment that, for example,

provokes fear of violence on the part of the target,

could be sufficient to cause a hostile environment.

Persistent, abusive racial or sexual slurs, even

without physical contact, can also create a hostile

environment, depending on the circumstances. As

these examples indicate, determination of whether a

hostile environment is created depends upon all of

the relevant circumstances surrounding a particular

incident of harassment, including its relationship to

other incidents of harassment.31

School policies should include language recognizing that a finding of unlawful harassment

depends upon the context of the behavior and all of

the surrounding circumstances.

EXAMPLE: In determining whether alleged conduct constitutes a

violation of this policy, the School District should consider the

surrounding circumstances, the nature of the behavior, the relationships between the parties involved and the context in which

the alleged incidents occurred. Whether a particular action or

incident constitutes a violation of this policy requires a determination based on all of the facts and surrounding circumstances.

Source: Sample School Board Policy Prepared by the Minnesota School Boards

Association

Even if objectionable conduct is determined not to

be sufficiently severe, persistent, or pervasive to

create a hostile environment, the district would be

wise to take prompt action to appropriately address

the behavior. The school’s policy may contain

guidance to school officials in this regard.

Define other types of harassment prohibited by

state law or by district choice

Schools may adopt policies that prohibit harassment

based on grounds not specifically provided for in federal anti-discrimination statutes, such as harassment

based on religion or sexual orientation.

HARASSMENT BASED ON RELIGION. There

is no federal statute that specifically requires school

districts to address harassment of students on the

basis of their religion or religious affiliation.32

However, there may be instances in which harassment on the basis of religion or religious affiliation

has elements of, or is combined with, discrimination based on race or national origin and can be

addressed under laws prohibiting such discrimination. Many states have laws prohibiting discrimination on the basis of religion by school districts and

other governmental agencies.

HARASSMENT BASED ON SEXUAL ORIENTATION. Some state and local laws may prohibit

discrimination on the basis of sexual orientation.

Also, under certain circumstances, courts have

permitted a remedy for harassment on the basis of

sexual orientation under other federal legal authority. For example, a 1996 federal court of appeals

case held that a gay student could recover for

discrimination based on both sex and sexual

orientation under the Equal Protection Clause of

the United States Constitution in a case in which

school district officials allegedly failed to protect the

student to the same extent that other students were

protected from harassment due to the student’s sex

and sexual orientation.33 School districts should

consult appropriate state and local officials and legal

counsel regarding the extent of their responsibility

to address harassment of students based on sexual

orientation.

Harassment and criminal conduct based on

actual or perceived sexual orientation has been

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20 Protecting Students from Harassment and Hate Crime

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recognized as a significant problem in many

schools. School officials should consider whether

adopting specific statements or policies regarding

harassment based on sexual orientation will help to

protect students from violence and damaging

behavior of this sort.34

Specify procedures for accepting and

responding to reports of harassment,

including a formal complaint process

A district’s written policies should contain enough

information to guide school administrators and

staff to respond appropriately to instances of

harassment that are reported by students, parents,

staff, or other persons. District policies may explicitly distinguish the different types of response

mechanisms available and indicate when each

should be used. Reporting and response mechanisms include disciplinary referrals, the formal

discrimination complaint process (including

interim steps to protect the victim), other administratively initiated investigations and inquiries,

referral to outside criminal or civil authorities, and

various types of informal resolution procedures.

As described in detail in Part II: Formal Complaint Procedures, the policy should contain or

reference written complaint procedures (also termed

“grievance procedures”) that can be initiated by

students and their parents to ensure complete

examination of harassment claims. The policy

should also identify the employees designated by

the school to accept complaints and to supervise

the complaint process and explain how these

persons can be contacted.35The policy should

indicate that, if harassment is found, immediate

and appropriate action will be taken to stop the

harassment and deter its recurrence. As further

discussed in Part II: Identifying and Responding to

Incidents of Harassment, the policy should also

require staff to report incidents of harassment that

they learn about or observe.

Prohibit retaliation against persons who

report discrimination or participate in

related proceedings

Federal law also prohibits retaliation against persons

who report discrimination, including harassment,

or participate in related proceedings.36 The policy

should tell students and staff that the school will

take steps to try to prevent retaliation and will take

strong responsive action if retaliation occurs. Staff

should also be reminded that the names of targets

of harassment and perpetrators and witnesses of

harassment should be held in strict confidence,

except as release is necessary to investigate specific

incidents.

EXAMPLE: The School District will discipline or take appropriate

action against any pupil, teacher, administrator, or other school

personnel who retaliates against [or attempts to retaliate against]

any person who reports alleged . . . harassment or violence, files a

complaint of harassment, who testifies, assists or participates in

any investigation, hearing or proceeding related to such harassment or violence. Retaliation includes but is not limited to any form

of threat, intimidation, reprisal or discrimination.

Source: Sample School Board Policy of the Minnesota School Boards Association

Consider the First Amendment and

freedom of speech

When regulating the conduct of students and

teachers to prevent or address discrimination, a

school must formulate, interpret, and apply its rules

so as to protect constitutional rights. In cases of

alleged harassment, the protections of the First

Amendment must be considered if issues of speech

or expression are involved. Federal civil rights laws

are intended to protect students from discrimination, not to regulate the content of speech.

Whether or not speech or expression that is

alleged to constitute harassment is protected by the

First Amendment will generally depend upon the

facts and context involved, including the type and

timing of the speech, the nature of the forum in

which the speech takes place, and the educational

level and age of the students involved. Most First

Amendment questions do not have stock solutions.

Resolving situations in which First Amendment

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II: Written Policies

questions arise requires careful weighing of all of

the factual and legal considerations. OCR’s Sexual

Harassment Guidance, in particular, contains an

analysis of the interplay of the protections of the

First Amendment and the federal prohibition of

harassment.37

Schools should consult legal counsel if First

Amendment concerns arise in the course of implementing the district’s policy. To avoid potential

conflicts with the First Amendment, make sure that

training of administrators and staff includes First

Amendment issues, that administrators and teachers

know whom to consult about such issues, and that

the district’s regular student disciplinary policies are

consistently enforced. Good training programs to

sensitize students and staff to the harmful effects of

thoughtless behavior will avoid many problems. A

district’s anti-harassment policy may contain a

reminder to administrators and staff to apply the

policy in a manner that complies with the First

Amendment.

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II: Incidents

A

 comprehensive program to prevent and eliminate harassment should include procedures for

students to follow if they believe they have been

subjected to harassment. In addition, each district

should have in place explicit instructions (sometimes

called “protocols”) for employees to follow if they

witness or otherwise learn of specific incidents. A

district should also specify the actions school

officials should take when they are informed of

harassment. A repertoire of options, which consider

the age of the student targets and perpetrators, are

needed to respond properly and quickly to incidents

of varying levels of severity, persistence, and pervasiveness.

Make sure that all administrators and staff

understand when and how various response mechanisms should be used. OCR’s experience is that

noncompliance with federal laws prohibiting

discrimination results in large part from the existence of procedures that, though “on the books,” are

virtually unknown to the majority of students, staff,

and administrators. In other cases, the district’s

procedures for addressing allegations of harassment

are not used because students and administrators

incorrectly assume that the procedures are applicable only to the most severe instances of physical

harm, but not to more common kinds of harassing

behaviors. As a result, schools may not respond as

required when there is a series of incidents in which

each act of harassment, by itself, may not appear

severe, but the acts of harassment cumulatively

cause a hostile environment. A district’s program

for addressing incidents of harassment should

include the following points.

Encourage students and parents to notify the

district when harassment occurs

A key ingredient of an effective program is the ease

with which students and parents can let school

officials know of their concerns. Students who

encounter harassment often feel confused and

helpless.38 Students need to feel comfortable approaching adults in the school about harassment

and confident that remedial action will be taken in

response.

Allow persons affected by harassment to report

the harassment in more than one location to

protect confidentiality and ensure impartiality. A

good practice is for every building to have at least

one person who has expertise in harassment issues

to handle complaints of harassment. Encourage

individuals of diverse backgrounds and both sexes

to serve as complaint managers. Provide a simple

form to minimize the need for lengthy written

complaints, to focus attention on the critical

elements, and to simplify periodic compilation of

harassment incident reports.

Provide knowledgeable staff responses to

reports of harassment

ADVISE VICTIM OF ALL OPTIONS.

When students express concerns about possible

harassment, staff should be prepared to counsel

them accurately and appropriately about their

options and to identify the employees designated to

accept and act on reports of harassment. The

complaint should be treated seriously without

casting doubt on the complainant’s motives. When

sexual harassment or harassment based on actual or

perceived sexual orientation is alleged, staff should

be especially careful to avoid any implication that

the student’s own behavior invited or provoked the

harassment. In order to treat harassment allegations

appropriately, all staff, particularly equity coordinators, teachers, counselors, coaches, school nurses,

school safety officers, hallway monitors, and

administrators who are likely to be informed of

harassment, may need specific training.

Part II: Step-by-Step Guidance

Identifying and Responding to Incidents of Harassment I

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24 Protecting Students from Harassment and Hate Crime

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INTERVIEW VICTIM AND MAKE REQUIRED

REPORTS. When harassment is reported, the victim or witness should be thoroughly interviewed

about the harassment, and the information obtained

should be recorded. A victim of severe harassment,

such as a sexual assault, will also need to be interviewed by representatives of other agencies, such as

police officers. It is a good idea to explain this to the

victim and to try to avoid duplicative interviews by

school officials.

Staff at every level should know which school

officials to notify of the incident and how to convey

such information. Immediate evaluation of the

report at the appropriate level of administration will

enable the district to evaluate the risks posed by the

reported incident and to initiate appropriate

response mechanisms. For example, if a potential

crisis situation exists, measures such as those

outlined in Part II: Addressing Hate Crime should

be considered. Depending on the nature of the

conduct, the school may need to issue a statement

denouncing the harassment or activate rumor

control and additional safety measures.

REQUESTS FOR CONFIDENTIALITY. If a

student requests confidentiality or asks that no

action be taken, the school should inform the

student that the request may limit the school’s

ability to respond and should remind the student of

its policies against retaliation. If the student continues to request confidentiality, the school should

carefully consider if the request should be honored.

Some complaints of harassment can be investigated

and resolved without releasing the student’s name.

In other instances, the school may need to consider

whether the confidentiality request will limit its

ability to remedy the harassment, or if honoring the

confidentiality request will make it difficult for an

accused to adequately defend himself or herself.

OCR’s Sexual Harassment Guidance encourages

schools to honor a student’s request that his or her

name be withheld, if this can be done consistent

with the school’s obligation to remedy the harassment and to prevent further harassment of other

students. At the same time, the school should

evaluate the request in the context of the school’s

responsibility to provide a safe and nondiscriminatory environment for all students. Factors that may

be considered in determining whether the school

should honor the request for confidentiality include

the age of the student, the seriousness of the alleged

harassment, whether there have been other reports

of harassment by the alleged harasser, the possibility

of harm to other students, and the rights of the

accused individual to receive information about the

accuser, if a formal proceeding may result. The

school should be especially careful in evaluating

confidentiality requests accompanying complaints

of conduct that may endanger the student or other

persons. Schools should explain to students that they

may not be able to honor such a request in situations

where the student, or other students, are at risk. In

any event, schools should seek advice from legal

counsel prior to releasing the name of a student,

without consent, as the Family Educational Rights

and Privacy Act (FERPA) may apply.39

Even where not requested, confidentiality

regarding the person reporting the harassment

should be maintained as long as doing so does not

preclude the school from responding effectively.

The confidentiality of the injured party, the alleged

harasser and any witnesses should be maintained

unless release is required to resolve the matter.

School districts should notify the parents or guardian of students who allege harassment when the

best interests of the student so require. In making a

decision as to whether to notify a student’s parent

or guardian, staff should consider all of the circumstances, including the age and wishes of the

student. For example, a student experiencing

harassment based on sexual orientation may be

dissuaded from reporting the harassment if the

student’s parent will be notified.

INTERIM PROTECTION. Interim action to

protect the target of harassment, such as separation

of the parties, may be necessary even before

completion of an investigation. An immediate

referral to sources of victim assistance, such as a

school social worker, psychologist, counselor, or

outside agency may be warranted. Persons reporting

harassment should be reminded of the rules against

retaliation and of the procedures in place for

protecting the student from reprisal, including

specific information on reporting any retaliation.

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Identifying & Responding to Incidents 25

II: Incidents

UNWRITTEN REPORTS AND COMPLAINTS. A district should respond to all incidents of reported harassment, even if the student

does not wish to file a formal or written complaint.

A district should respond to complaints and reports

of harassment that are brought to its attention not

only by the students who are the immediate targets

of harassment, but by student witnesses and parents

or guardians and friends of affected students. All

reports of harassment and the school’s response

should be carefully documented.

Require employees to report harassment and to

intervene to stop it

REQUIRED REPORTING. The absence of

student complaints does not mean that harassment

in a school is not occurring. Harassment can be

expected to be a part of the school environment

unless all school staff are required to report instances of harassment that they are told about or

observe themselves. Staff who witness, overhear, or

are told about harassment should be told to report

such incidents to an official with the authority to

take corrective action.

The directive that staff report harassment may be

included in the district’s written harassment policy

and procedures or addressed separately in written

personnel policies. In either event, the policy

should state the consequences to employees of

failing to follow the district’s reporting requirements. As in the case of harassment alleged by

students and parents, harassment reported by staff

must be investigated promptly and responsive

action taken.

INTERVENTION TO STOP HARASSMENT.

Make clear to staff and building administrators the

types of harassment concerns which they should

handle themselves and the types which should be

handled at a higher level. The school district should

train staff how to stop harassment that occurs in

their presence. In order for district and school

officials to discern patterns of harassment and

identify repeat offenders, all incidents should be

reported to a district coordinator, including incidents that teachers have handled themselves.

Teachers who suspect harassment, but have not

observed it or been told about it, should discuss

their concerns with the student and, if harassment

by an adult is suspected, report it immediately.

MONITOR DISCIPLINE REFERRALS. Some

incidents of harassment may come to the school’s

attention as a result of fights or other misconduct

on the part of the target of the harassment as well as

the harasser. For example, when racial, ethnic or

similar slurs are used in or before a fight between

persons of different groups, school officials should

determine whether any aspect of the event or the

precipitating circumstances are covered by the

district’s anti-harassment policies. If so, the responses outlined here should be considered and, if

appropriate, used.

Recognize that persons who are not themselves members of the group singled out by

the harasser’s animosity may be harassed. For example, a hostile environment may

be created for students who are harassed because of their association with individuals

who are members of such groups.

Harassment because of association

The lack of a strong, immediate response by a teacher or administrator who is aware

of the harassment may be perceived by a student as approval of the activity or as an

indication that the student deserves the harassment.

On-the-spot responses by school staff

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26 Protecting Students from Harassment and Hate Crime

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MONITOR THE SCHOOL ENVIRONMENT.

School administrators may request staff to periodically examine particular environments or activities

and report their observations. Harassment more

commonly occurs in less supervised or structured

settings such as recess, school buses, locker rooms,

and hallways. Harassment may also more frequently occur in settings in which only a few

students of a certain group are present, such as girls

enrolled in a vocational education course.

Custodial staff should be reminded to tell school

officials when they find graffiti related to race,

national origin, sex, disability, or other kinds of

slurs that are of concern to the district, such as slurs

related to sexual orientation and religion. In such

instances, provide clear instructions regarding

removal. (See Part II: Addressing Hate Crime for

information regarding preservation of evidence for

investigation.)

Also, sexual harassment among students may be

so widespread that, without substantial training and

regular reminders, neither students nor teachers are

likely to report it. Regular monitoring of the school

environment will produce information that the

school can use to develop prevention strategies.

Make appropriate law enforcement referrals

When school officials receive a complaint or report

of harassment that is criminal in nature or that

could lead to in-school or out-of-school violence,

law enforcement authorities should be alerted

immediately. Districts should make known to

appropriate administrators the specific types of

harassment activity that should be reported to law

enforcement authorities. It is advisable to put this

policy in writing. A district may wish to designate a

particular individual to screen all reports and

complaints of harassment to determine if law

enforcement officials should be notified. See

Part II: Addressing Hate Crime for a full discussion

of the circumstances in which incidents of harassment should be reported to law enforcement

authorities.

School officials should advise students and their

parents of available law enforcement options and

sources of outside help. For example, in some states

the attorney general might be able to obtain an

injunction against further criminal and noncriminal

civil rights violations. If the civil rights violation

recurs, the perpetrator would be subject to enhanced

penalties. Where appropriate, school officials should

assist the student or parent to pursue the appropriate

relief. However, a law enforcement referral or

pursuit of law enforcement remedies by the victim

does not alleviate the district’s responsibilities to

investigate the allegations of in-school harassment

and take remedial action.

Investigate all reports of harassment

TYPES OF INVESTIGATION. All reports of

harassment should be promptly investigated. The

investigation should be undertaken by persons not

likely to encounter a conflict of interest.

The type of response and the procedures to be

used may depend on a number of factors: whether

the report of the incident came from the targeted

student or from an observer, such as a teacher;

whether the student or parent wishes to file a

formal grievance; the reporter’s desire for confidentiality; the seriousness of the incident; whether the

alleged harasser is a student or employee; the age of

the students involved; and whether only an isolated

incident is involved or the incident might be part of

a pattern of harassment. Related incidents could

include other instances in which the target was

harassed, either by the same or a different person;

instances in which the alleged harasser targeted

other students; and instances of harassment, by

other perpetrators, directed toward members of the

target’s group.

A district will probably use its usual procedures

for investigating and penalizing student misconduct

when a staff person observes specific acts of harassment by one student against another student. When

a student or parent files a written complaint, the

procedures discussed in Part II: Formal Complaint

Procedures should be followed. An informal process

of mediation may be appropriate, as long as the

parties understand all of the options for resolution.

When a student reports harassment, but refuses

to file a written complaint, schools should, at a

minimum, initiate an administrative inquiry to

determine if other persons are affected and if

corrective action is needed. For example, if a

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Identifying & Responding to Incidents 27

II: Incidents

student athlete reports racial harassment on a sports

team from teammates, but refuses to file a complaint even after being informed about the district’s

complaint procedures and prohibition against

retaliation, an administrator can still conduct an

inquiry to determine whether the team’s supervision is adequate and appropriate and identify and

address any factors contributing to the reported

concerns.

It is advisable for the district’s anti-harassment

policy or a written protocol to set forth the options

for responding to reports of harassment. A chart

can be useful to outline the alternative methods of

response and the steps involved in each alternative.

SCOPE OF INVESTIGATION. All investigations

and inquiries should attempt to identify all of the

perpetrators and victims; determine whether there

are other related incidents of harassment; identify

and evaluate the kinds of present and future damage that may have been caused by the harassment,

including harm to the victim, the harasser, and the

school environment; and consider all of the other

factors necessary for complete corrective action.

Take prompt remedial action appropriate to the

offense and the age and identity of the parties

IMMEDIATE, APPROPRIATE CORRECTIVE

ACTION. Remedial action by the district should

be taken as soon as possible and take into account

the severity of the incident and the age and identity

of the person harassed and the harasser. Whether

the harasser is a student or employee, remedial

steps, including discipline, where appropriate,

should be calculated to stop the specific harassment

and prevent recurrence. If harassment continues,

stronger responses should be employed. Schools

should consider all of the kinds of actions that will

be necessary to fully address the specific problems

experienced at the institution as a result of the

harassment.

REMEDYING HARASSMENT BY STUDENTS.

Where a student commits harassment, punishment

of the student is often appropriate. Punishment of

the harasser sends a message to the victim and other

students that harassment is a serious violation of

school rules.

In some school districts, policies against discriminatory harassment will provide for disciplinary

sanctions. If the district’s anti-harassment policy

does not itself contain penalties for harassing

behaviors, the policy should cross-reference other

policies of the district such as the student discipline

code. When a violation of the district’s anti-harassment policy occurs, officials may then use the

student discipline code to punish conduct under

offense categories such as vandalism, obscene or

vulgar language, theft, assault, or unwelcome

physical contact. The discipline code may contain

enhanced penalties for such offenses when the

misconduct is motivated by bias. Even if the

discipline code does not explicitly provide for

enhanced penalties, the punishment administered

under the discipline code should be consistent with

the severity of the misconduct and consider the

extent of harm to the victim and the school community. The discipline code may also identify

specific offenses, such as harassment that results in

discrimination or a hostile environment based on

race, sex, disability, or other specified bases of

discrimination.

Districts should be sure that their disciplinary

procedures adequately provide for discipline of

students who commit unlawful harassment. For

example, some schools may have policies that could

make it more difficult to punish students for certain

offenses unless an adult observed the conduct.

If appropriate, consider that the harasser, as well

as the target of the harassment, may need help. An

offender counseling program or restitution program

may help perpetrators dispel stereotypes, prejudices,

fears, ignorance and other contributors to harassment. It may be appropriate to involve the perpetrator in efforts to repair the damage caused by the

harassment.

REMEDYING HARASSMENT BY STUDENTS

WITH DISABILITIES. Harassment by students

with disabilities must also be stopped and recurrence prevented. Schools may use some disciplinary

sanctions with such students; however, the corrective action used must be consistent with the laws

governing discipline of students with disabilities.40

In addition, where the student offender’s harassing

behavior is related to the disability, schools may

utilize their evaluation and placement procedures to

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28 Protecting Students from Harassment and Hate Crime

II: Incidents

consider whether a change in the student’s placement or individual education plan is appropriate.

REMEDYING HARASSMENT BY STAFF.

When an employee commits harassment, districts

should consider the advisability of various kinds of

remedial action. The district should be sure that its

personnel policies, collective bargaining agreements,

and staff codes of conduct are adequate to deal with

unlawful harassment by teachers, administrators,

and other employees, including provisions for

discipline or removal.41 Where a district employee

perpetrates harassment, an apology by the district

may be in order. Offender rehabilitation programs

may be appropriate. Repeated or serious instances

of harassment generally warrant stringent sanctions.

RESTORE A NONDISCRIMINATORY ENVIRONMENT FOR THE VICTIM OF HARASSMENT. Other kinds of remedial action that may be

necessary or appropriate to prevent additional

incidents of harassment by students or employees

include regular observation of the victim’s classes

and activities; changes in the activity in which the

harassment occurred, including increased adult

supervision or video monitoring; a transfer or

change of school or class assignment for the harasser; exclusion of the harasser from particular

extracurricular activities; increased parent involvement; and required sensitivity training, counseling,

an apology, community service, and psychological

or medical assessment of the harasser.

Even when the district does not know who is

responsible for harassment, the district should take

reasonable steps to remedy it. For example, if the

perpetrator of graffiti cannot be identified, the

The burden of ending the harassment should not be placed on the victim. For example, transfer of the victim to another class or school to stop the harassment is

rarely appropriate, unless specifically requested by the student. The school should

evaluate any such requests to make sure the student understands that other options

exist to end the harassment. If the victim nevertheless prefers to be transferred, the

school must take steps to prevent repeated acts of harassment by the perpetrator

against other students.

district can seek to locate new graffiti and remove it

(or cover it up and preserve as evidence, as appropriate). Further, the district should consider instituting oversight mechanisms to help it to identify

the perpetrator if the graffiti reappears.

The person reporting the harassment should be

informed when the district has taken remedial

action. Privacy laws may prevent the district from

telling the complainant of any sanctions imposed.42

However, the complainant should be assured that,

while the district cannot guarantee the student’s

safety, the corrective action is calculated to deter

future harassment. Tell the complainant how to

report any future incidents, and inform the complainant of any changes in procedure or supervision

that will be made.

EMOTIONAL AND PSYCHOLOGICAL

SUPPORT. Students experiencing harassment may

continue to suffer psychological problems, including impaired self-esteem, even after the harassment

has ended. Encourage the student and the student’s

parents to consider treatment, where appropriate.

The target of the harassment should be offered

school services, such as counseling, or referred to

publicly available sources of victim assistance, such

as rape crisis centers, state victim assistance agencies, and other victims service agencies in police

departments, mental health agencies, and prosecutors’ offices.

INSTITUTIONAL REMEDIES. Consider the

need for institutional remedies or changes, particularly where a pattern of harassment exists. Institutional remedies could include increased supervision,

additional training of students and staff, changes in

Carefully evaluate requests by victim to transfer

to another class or school

Archived Information
Identifying & Responding to Incidents 29

II: Incidents

classroom or other school procedures, statements of

nondiscrimination issued by school officials, and

initiation of curricular and extracurricular programs

to reduce prejudice and conflict.43

If the district has not been successful in stopping

or remedying the harassment using existing options,

changes may be needed in other district policies or

commitments, such as the discipline code, personnel policies, and collective bargaining agreements.

If the conduct was not sufficiently severe,

pervasive, or persistent to violate the district’s antiharassment policy, the district should still consider

action geared to address the target’s concerns to

prevent recurrence and indicate that unlawful

harassment will not be tolerated. Consider use of an

informal resolution process, such as mediation, or

the application of other district policies, such as the

discipline code, to the acts in question. Also consider whether further sensitivity training is needed

for all students in the environment in which the

objectionable conduct occurred.

Archived Information
30 Protecting Students from Harassment and Hate Crime

II: Incidents

Archived Information
Formal Complaints 31

II: Formal Complaints

A

s explained in the prior section of this Guide,

Identifying and Responding to Incidents of

Harassment, schools should establish appropriate and effective methods of responding to all

reported or suspected incidents of harassment. This

section addresses the formal complaint procedures

that should be used when students or parents file

formal complaints alleging district responsibility for

harassment or the failure by the school to properly

respond to previously reported incidents.44

FEDERAL REQUIREMENTS. The regulations

implementing federal laws prohibiting sex and

disability discrimination require districts to adopt

and implement complaint procedures (also termed

“grievance procedures”) that provide due process

protections.45 The regulations prohibiting racial

discrimination do not contain a similar explicit

requirement. However, whether or not a particular

statute or regulation explicitly requires grievance

procedures, the availability of formal grievance

procedures helps to assure that the district will

respond properly to allegations of harassment. The

specific procedures discussed in this chapter are

intended to comply with federal law, where applicable, and will, in many instances, facilitate an

appropriate and effective response to all allegations

of harassment.

Federal law permits districts to use their discrimination complaint procedures for complaints of

harassment, as well as for other kinds of discrimination. However, it is recommended that districts

develop and employ complaint procedures tailored

to allegations of harassment. Designing a complaint

or grievance procedure that functions effectively to

address complaints of harassment takes knowledge

of a district’s administrative and staff resources, an

understanding of typical student behavior and

concerns, attention to logistical details, and familiarity with the kinds of harm which the targets of

harassment are likely to experience. Examples of

grievance procedures developed to address reports of

harassment are given in Appendix A of this Guide.

Grievance procedures applicable to discrimination, including allegations of harassment, should

contain the following components.

Notify all members of the school community

of the grievance procedures

PUBLICIZE THE PROCEDURES. A complaint

procedure that no one knows about is a problem!

Determine whether students, staff, and administrators are knowledgeable about the grievance procedures and whether they are perceived as effective

mechanisms to stop harassment of students. Publicize the procedures to students, parents, teachers,

administrators, and other employees, including

information on how and where complaints may be

filed. Pertinent information about the complaint

procedures can also be provided in languages other

than English. Like the district’s anti-harassment

policies, the complaint procedure should apply to

complaints alleging harassment by employees,

agents, other students, or third parties.

COMMUNICATIONS WITH PERSONS

WITH DISABILITIES. Make sure that information about complaint procedures is effectively

communicated to persons with disabilities. The

regulation implementing Title II of the Americans

with Disabilities Act requires public entities (such

as public school districts) to ensure that their

communications with participants and members of

the public with disabilities are as effective as their

communications with others.46 This may include

providing information in alternative formats, such

as Braille and large print.

REVIEW PAST EFFORTS. It can be helpful for a

district to review the frequency and manner in

which its grievance procedures have been used in

Part II: Step-by-Step Guidance

Formal Complaint/Grievance Procedures

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32 Protecting Students from Harassment and Hate Crime

II: Formal Complaints

the past. This review is key to determine whether

the grievance procedures have functioned successfully to address claims of harassment and, if not,

why not. Checklists are available for evaluating

district grievance procedures.47

Specify the process for filing complaints

FILING A FORMAL COMPLAINT. As explained

in this Guide, to ensure that discrimination has not

occurred, districts should investigate all complaints

and reports of harassment, whether or not the

complaint is in writing. Districts may require a

written complaint to initiate the formal grievance

procedure. Persons complaining of harassment

should always be informed about the complaint

procedures and encouraged to file a formal complaint; persons possibly interested in filing a formal

complaint should be given assistance in completing

the necessary statement or form. Even if an official

complaint is not filed, the district may choose to

use the specific investigatory procedure set forth by

its formal grievance procedures. Use of these

procedures will ensure that all relevant evidence is

obtained and all critical elements addressed.

Experts recommend that complainants be

allowed to file complaints in more than one location to protect confidentiality and impartiality. The

procedure should allow ample time for students to

file complaints after the incident occurred, recognizing that students who are traumatized by an

incident may not tell anyone about it immediately.

Persons with disabilities must be furnished auxiliary

aids and services to enable them to file a complaint

and participate effectively throughout the complaint process.48

• How many levels will the procedure have, and what will be the time frame for each

level

• Who may file complaints on behalf of the injured party

• Whether investigations should be conducted by building administrators, other

building staff, or district-level officials

• Which individuals should be designated and trained to conduct investigations

• Whether an evidentiary hearing should be part of the procedure

• Whether and how to allow attorneys, representatives, and advocates to participate

in the process

• What standard of proof is applicable

• What is the relationship of the complaint procedures to informal resolution procedures,

and under what circumstances may an informal resolution procedure be used

• What is the relationship of the complaint procedures to student and staff

disciplinary proceedings

• Whether district-level administrators should review the investigator’s decision in

all instances or only when the decision is appealed

• Whether different investigative procedures should apply to complaints of

harassment by an employee or by another student

• What is the relationship of the harassment grievance procedure to district

procedures for contesting other kinds of alleged discrimination

For examples of formal complaint procedures resolving some of these issues, see

Appendix A of this Guide.

Practical considerations in developing grievance procedures

Archived Information
Formal Complaints 33

II: Formal Complaints

Provide adequate, reliable, and impartial

investigation of complaints

SELECTING AND TRAINING INVESTIGATORS. The most effective complaint procedures

designate specific individuals to investigate harassment complaints and hold them accountable for

high quality results. No one should be appointed to

investigate a complaint who may encounter the

possibility of a conflict of interest. In no case

should the person accused of harassment, retaliation, or failure to address a previously reported

concern be assigned to investigate a complaint. If

possible, designate an official who has not had any

prior involvement in investigating or resolving the

matter.

Provide sufficient training to personnel who will

investigate complaints. Training should cover

instruction in appropriate investigative techniques

and procedures, the harm caused to students as a

result of harassment, the legal standards applicable

to harassment determinations, the amount of proof

required, treatment of hearsay evidence, and the

sanctions and remedies available. Training can also

promote sensitivity to issues of culture, language,

gender, and disability. The individual assigned

should be careful not to become an advocate for

any party. Persons assigned to investigate or coordinate complaints should be given enough time to

handle them thoroughly and may need access to

legal counsel.

INVESTIGATIVE PROCEDURES. Investigation

of harassment complaints should be thorough and

include the opportunity for the parties to present

witnesses and other evidence. A written investigative guide may be helpful. Useful topics include

planning the investigation, interview techniques

and safeguards, making credibility determinations

where different versions of the events are given,

locating witnesses, keeping appropriate records, and

timeliness considerations.49

If the district develops detailed instructions for

the operation of the complaint process, these may

be set forth in a separate document or appendix to

the written grievance procedure.

If a complaining party, witness, or alleged

perpetrator does not speak English adequately,

appropriate measures should be taken. Also, consider whether student advocates and other representatives should be allowed in the process. It is a good

idea to provide both the alleged victim and harasser

with a written statement of procedural rights.

DUE PROCESS RIGHTS OF THE ALLEGED

HARASSER. Harassment investigations should be

conducted in a manner consistent with applicable

due process rights of the alleged perpetrator under

the United States Constitution as well as other

protections afforded by state laws, collective bargaining agreements, and institutional policies, such

as staff and student handbooks. However, schools

should ensure that steps to accord due process

rights do not restrict or unnecessarily delay adequate relief to the complainant or injured party.50

PROTECTION OF CONFIDENTIAL INFORMATION. Make clear that personal information

regarding the complainant, the alleged harasser and

the witnesses will be protected from disclosure to

the extent permitted by the investigative process

and the nature of the complaint. Privacy laws

preclude a school from releasing certain personal

information about students.51 For a discussion of

the factors that schools may consider in determining whether to honor a request for confidentiality,

see page 24 of this Guide.

Resolve complaints promptly, issue findings,

and take remedial action

TIME FRAMES. It will be helpful to designate time

frames for the major stages of the complaint process.

The district’s procedure might designate a short time

frame and allow extensions in exceptional cases with

the approval of the superintendent.52

FINDINGS. Policies should require that the school

determine whether the alleged acts of harassment

occurred and whether that conduct constitutes a

violation of the district’s policy. Making and

recording findings as to whether unlawful harassment occurred is critical whenever a formal complaint is filed. In this way, the complainant and the

district are assured that the matter was fully investigated and that careful deliberations occurred.

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34 Protecting Students from Harassment and Hate Crime

II: Formal Complaints

If the conduct at issue is not found to be sufficiently severe, pervasive, or persistent to violate the

district’s policy, the district should still consider

action geared to address the complainant’s concerns.

This will reassure the student that concerns related

to perceived harassment are taken seriously and will

help prevent repetition or escalation of any offensive behavior. If an appeal is provided for, provide

training to the person(s) who will decide the appeal

and include time frames for the decision. An appeal

may be allowed for both the findings and remedy

selected.

CORRECTIVE ACTION. Remedial action should

be tailored to address fully the specific problems

experienced at the institution as a result of the

harassment. Remedial action should take into

account the severity of the incident and the age of

the parties and should be calculated to stop the

specific harassment and prevent recurrence. See Part

II: Identifying and Responding to Incidents of

Harassment, at pages 27-29, for additional information on remedies.

The Family Educational Rights and Privacy Act

(FERPA) and its regulations preclude a school from

releasing certain personal information about

students.53 This may prevent the school from

telling a complainant about the sanctions imposed

on the perpetrator of harassment. However, the

complainant should be assured that the corrective

action taken is calculated to deter future harassment; if possible, the complainant should be told of

any monitoring mechanisms put in place to prevent

recurrence.

54

Protect the rights of the parties when an

informal resolution process is provided

Under federal policy, districts should informally

resolve discrimination complaints, including

complaints of harassment, only if the parties, after

full notice of their rights, agree to do so. However,

the complaining party should always be given the

option of terminating the informal process and

proceeding with a formal investigation. The district

should consider whether there are instances in

which informal mechanisms for resolution should

not be used, for example, complaints of harassment

of students by employees, complaints in which

other students are also apparent victims, complaints

that indicate possible threats to the safety of the

complainant or other persons, and complaints of

harassment that continued or reoccurred after

previous informal resolution attempts. (For further

information regarding use of informal resolution

procedures, see OCR’s Sexual Harassment Guidance, 62 Federal Register 12034 at 12045.)

EXAMPLE OF POLICY LANGUAGE ALLOWING INFORMAL RESOLUTION

OF COMPLAINTS:

It may be possible to resolve a complaint through a voluntary conversation between the complaining student and the alleged harasser

which is facilitated by a school employee or by a designated harassment complaint official. . . . Both the complaining student and

the alleged harasser may be accompanied by a person of their

choice for support and guidance. If the complaining student and

the alleged harasser feel that a resolution has been achieved, then

the conversation may remain confidential and no further action

needs to be taken. The results of an informal resolution shall be

reported by the facilitator, in writing, to the Superintendent and to

the School Principal. If the complaining student, the alleged harasser, or the school employee/harassment complaint official

chooses not to utilize the informal procedure, or feels that the informal procedure is inadequate or has been unsuccessful, s/he may

proceed to the formal procedure. Any complaint against a school

employee shall be handled through the formal procedure.

Source: State of Vermont Model Anti-Harassment Policy

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School Climate 35

II: School Climate

B

y themselves, written anti-harassment policies

and complaint procedures will not stop or

prevent harassment. Bona fide efforts to

eliminate harassment from the school’s programs

and activities require planning, coordination,

training, accountability, and supervision. Broader

educational efforts are typically necessary to establish an environment that respects individual differences and promotes appreciation of racial and

cultural diversity. Instructional and student activity

programs provide schools with the opportunity to

heighten students’ awareness of the dangers of

prejudice and harassment, ameliorate antagonisms

or fears, counteract stereotypes, enrich student

relationships, and prepare students to be positive

participants in a diverse adult society.

The following activities are crucial to establishing

a climate that deters harassment and supports

positive responses to diversity.

Provide ample information about the

anti-harassment program

PUBLICIZE THE POLICY. Adequate notification to the school community of the district’s antiharassment policy and grievance procedure is

crucial to effective enforcement. For the district’s

policy and procedures to be viewed as standard

practice, they must be widely and regularly disseminated. The school district should consider publicizing the adoption of the policy in school assemblies,

in the news media, and in public events. Relevant

policies and procedures should be made available in

alternative formats for individuals with disabilities

and provided, in a meaningful manner, for persons

who are not proficient in the English language.

POST A SUMMARY. A short summary of the

district’s anti-harassment policy and complaint

procedure, written in easy to understand language,

might be regularly printed in district publications,

including student publications and special pamphlets, and be posted prominently at each school.

This summary should identify the forms of harassment prohibited by the district, specify the personnel to contact for further information, and explain

the availability of the grievance procedures.

EXPLAIN THE PROCEDURES. Fully explain to

students, parents, and staff how to identify prohibited harassment and how to use the complaint

procedures. New students and their parents as well

as new staff should be specifically notified of these

policies and procedures. In addition, the district

should consider the best ways to remind students,

parents, and staff of the availability of the procedures and to instruct students and staff on their

application in age-appropriate ways. Consider ways

in which community centers, health providers,

social service and child welfare agencies, and

juvenile and police authorities can be notified about

the district’s policies and procedures.

Invest in training of school board members,

administrators, and staff

PROVIDE TRAINING APPROPRIATE FOR

ROLE. Introductory and ongoing training of all

school employees and agents that is appropriate to

their role in the district’s program is essential to an

effective program. School board members should

receive training as the district begins to assess its

need to adopt or modify its anti-harassment policy

and procedures. School staff, including coaches and

school security officers, should receive information

and training on the policies and procedures as soon

Part II: Step-by-Step Guidance

Creating a Supportive School Climate that Appreciates Racial,

Cultural, and Other Forms of Diversity

Archived Information
36 Protecting Students from Harassment and Hate Crime

II: School Climate

as they are adopted through staff meetings, staff

orientation, and similar activities. Non-instructional staff should receive training appropriate for

their functions. For example, bus drivers and bus

aides should receive training on ways to report,

correct and prevent harassment on transportation

routes. Staff most likely to be told by students

about harassment, such as equity coordinators,

counselors, social workers, school security officers,

school nurses, and school disciplinarians, should

receive special training.

TRAIN EMPLOYEES TO INVESTIGATE

COMPLAINTS. Personnel designated to handle

harassment complaints and all school disciplinarians should receive extensive training on investigating and resolving harassment complaints and

concerns. Supervisors may need specialized training

in dealing with situations in which employees are

alleged to have harassed students.

TRAIN STAFF TO STOP HARASSMENT.

When possible, staff should receive training focused

on different types of harassment, e.g., sexual

harassment, harassment based on race or national

origin, and harassment based on disability. Most

training materials are geared toward one of these

broad types of harassment, as each type involves

unique features and different victims and perpetrators. Training should include methods for on-thespot intervention to stop and prevent harassment.

EDUCATE EMPLOYEES ON DIVERSITY

PRINCIPLES. In addition to training specifically

designed for implementing an anti-harassment

program, the district should consider diversity

education as part of its long-term training and

professional development program. Look for

opportunities to deepen the understanding of

teachers and other employees of diverse cultural

attitudes and behaviors, racial and sex stereotyping,

and the types of problems faced by students at

school and in the community. Staff should be

trained to provide curricular and extracurricular

programs and activities for students that reduce

prejudice and resolve conflicts. The district may

wish to invest in in-depth training of selected

individuals to develop expertise and serve as resources for the district. Numerous resources are

available that can help districts to meet these needs.

Educate students about harassment and

discrimination, and involve them in

prevention activities

STUDENT RIGHTS AND RESPONSIBILITIES. In addition to publicizing their policies and

procedures, districts usually need to educate students regarding their basic rights and responsibilities. Training should enable students to identify

harassment, understand its causes and effects, learn

methods of opposing harassment, and feel more

comfortable reporting instances of harassment.

Separate training sessions may be devoted to

different types of harassment.

PREJUDICE REDUCTION CURRICULA.

Districts should also consider more extensive

educational programs that sensitize students to

diversity issues, foster understanding of others’

points of view, and help students to overcome misconceptions and biases. Include prejudice reduction and

sexual respect concepts in the regular curriculum. Use

curricular materials and visual displays in school that

present positive, unbiased images of individuals from

diverse backgrounds. Numerous, excellent materials

and curricula on sexual harassment and prejudice

reduction are available from many sources without

charge. For sources of such programs, see Appendix E

of this Guide.

STUDENT ACTIVITY AND MEDIATION

PROGRAMS. Involve concerned students, includNotify third parties of their obligations

Make sure that third parties covered by the district’s anti-harassment policy are notified

of its provisions, including operators of job training sites, vendors, contractors, and

school visitors.

Archived Information
School Climate 37

II: School Climate

ing student leaders, in activities geared to making

harassment socially unacceptable and to foster

social interaction of diverse groups outside of the

classroom. Some observers have noted that a more

positive school climate for all students can come

about through routine, open communications

between students and school officials regarding

issues of harassment and discrimination.55

Some school districts have successfully trained

students as mediators to resolve personal conflicts.

Train student mediators about harassment issues.

Carefully consider whether it is appropriate to use

student mediators in cases of alleged sexual harassment. Foster student leadership clubs and peer

education activities to address persistent and

pervasive negative attitudes and behavior.56 Participate in national and regional organizations that

support conferences and other efforts by middle

and high school students to combat prejudice and

intolerance in their own schools.

Implement monitoring programs and

prevention strategies

ASSESS CONCERNS. To determine the district’s

need for various kinds of programs and activities

and to assess the effectiveness of the programs

adopted, a district or school self-assessment is

necessary. Tools for self-assessment include questionnaires to be completed by students, parents and

staff, on a voluntary and anonymous basis. Such

questionnaires will help to expose underlying

conflicts among students, including possible

antipathy toward recent immigrants; the frequency

and severity of sexual harassment; perceived inequities in treatment by school personnel; and other

underlying attitudes and stereotypes which, if not

addressed, can lead to students dropping out of

school, discipline difficulties, reduced academic

achievement, and instances of racial or sexual

violence. Parent permission is advisable if students

are questioned about their experiences and attitudes. School districts should consult with legal

counsel before conducting a formal survey of

student opinions and experiences. Alternatively,

convene open meetings at which students and

parents can voice their concerns.

CONSISTENTLY ENFORCE DISCIPLINE

RULES. Districts should consider the relevance of

their overall discipline policies to the maintenance

of a positive school climate for all students. Creation and consistent enforcement of disciplinary

rules forbidding obscenity, disrespectful language,

vandalism, and harassment offers a means of

protecting students from harassment of all kinds, of

setting an appropriate tone in the schools, and of

punishing acts of racial and sexual harassment that,

looked at alone, may not rise to the level of prohibited conduct under the district’s anti-harassment

policy. Make sure that discipline rules are fairly

applied without regard to race, national origin, sex,

or other discriminatory factors.

EXAMINE THE SCHOOL ENVIRONMENT.

Regular, focused observation of school activities and

environments, especially less structured settings like

school hallways and school buses, will identify

harassment that staff may neglect to report. It is

possible that, in some instances, harassment may be

so widespread that no one actually reports it.

Periodically examine the school site and furniture

for racially and sexually derogatory graffiti.57

Monitor possible trouble spots in the school for

incidents of hostility and harassment. For example,

ensure that students of racial and national origin

minority groups and both sexes who drop out of

courses and activities in which they are underrepresented have not been subjected to harassment.

APPLY PREVENTION STRATEGIES. Discuss

with faculty advisors and student leaders involved

in school plays, newspapers, elections, and yearbooks the harm that can result from thoughtless

jokes or ridicule and ways to avoid needless damage

to the school environment.

Some schools have adopted instructional intervention programs to handle relatively minor

incidents of conflict or harassment that stem from

ignorance or misunderstanding and that might

better be considered opportunities for teaching

appropriate behavior rather than punishment.58

Consider whether the district could benefit from

such approaches.

Many sources of expertise are available without

charge, including the agencies and organizations

Archived Information
38 Protecting Students from Harassment and Hate Crime

II: School Climate

listed in Appendix D. Observe or obtain information about promising practices in other schools.

Involve parents and community members

in anti-harassment efforts

Establish community partnership programs to

combat harassment and prejudice in the school and

community and consider workshops and other

activities to increase parent and family involvement.

Use materials such as plays, speakers, films and

videos to help the school community understand

harassment and the consequences of failing to

overcome it. Use materials appropriate to the age,

family relationship, language and culture of the

reader. Materials are available, often without charge,

from the sources listed in this Guide.

Appoint one or more employees to coordinate

district’s anti-harassment activities

LEGAL REQUIREMENTS. The regulations

implementing Title IX, Section 504, and Title II of

the ADA require school districts to appoint an

employee to coordinate the district’s compliance

under these statutes.59 The regulations require that

the name, address, and telephone number of the

coordinator be periodically announced in district

publications. The appointment and training of one

or more skillful coordinators will be key to the

success of the district’s anti-harassment program.

Although not required by federal law, consider the

appointment of an individual to coordinate the

district’s activities to address racial and national

origin discrimination, and other types of harassment

and discrimination covered by the district’s policy.

The district should expect the coordinator(s) to

take an active part in promoting nondiscrimination

and developing or coordinating strategies to prevent

and correct harassment. Consider appointing an

administrator with known interest and expertise in

the area. If the coordinator is not knowledgeable in

the area, substantial training should be provided.

Consider the advantages and disadvantages to

appointing personnel to serve as coordinator in more

than one area of harassment. Consider diversity

factors, time constraints, personal interest and

expertise, possible joint activities, and similar factors.

Make sure that the coordinators have adequate

time and support to effectively execute their duties

and that the coordinators are encouraged and

allowed to share information regarding district

needs with district administration.

Maintain an adequate record-keeping system,

and regularly evaluate the data collected

In order to ensure that its policies and procedures

are consistently followed, a school will normally

need to create and maintain documentation of all

harassment incidents, including notations as to how

the harassment was addressed. The record-keeping

system should be sufficient to allow the district to

monitor district schools for repetition of harassing

behaviors and to determine if institutional remedies

are needed to address patterns of harassment and

prevent future incidents.

The system of documentation should incorporate all incidents of harassment that come to the

Functions of the compliance coordinator generally include: (1) informing top school

officials of complaints and reports of harassment; (2) investigating complaints and/or

advising and assisting other personnel to handle complaints and reports of harassment properly; (3) maintaining and analyzing documentation of all harassment incidents covered by the anti-harassment policy; (4) regularly reviewing the effectiveness

of the district’s efforts to correct and prevent harassment and proposing improvements; and (5) regularly assessing the effectiveness of training for staff, administrators, students, and parents and proposing improvements.

Define compliance coordinator’s duties

Archived Information
School Climate 39

II: School Climate

Documentation of harassment incidents should include the name, age, race, national

origin, sex, and disability status, as relevant, of the victims and harassers, the names

of witnesses, a description of the incident, information on the severity of the incident,

when and where the incident occurred, the relationship of the incident to other incidents of harassment, the names of personnel conducting the investigation, any findings made, and any corrective action taken. Harassment may be related to more than

one prohibited basis, e.g., race and national origin or sex and race. In such instances,

all bases of the harassment should be recorded.

Fully document all instances of suspected harassment

district’s attention, not only formal complaints of

harassment.

The record-keeping system should be centralized

and kept in a secure place. Records may also be

kept in a secure location at the building level for

ready reference by authorized persons. Specific

individuals should be assigned and trained to

maintain the records involved. A written description of the record-keeping system may be helpful.

Districts should consider establishing a process

to track and analyze harassment reports and to

regularly evaluate all aspects of the district’s antiharassment program. The review could be assigned

to the compliance coordinator. A committee of

employees, parents, and others, including the

coordinator, could also perform this function;

however, care must be taken not to reveal personal

information about the individuals involved in the

incidents to unauthorized persons. Data regarding

the frequency, severity and types of harassment

occurring, staff compliance with the policy, and

effectiveness of various remedial actions should be

reviewed. The review should be followed by specific

actions to address any shortcomings identified.

Although the goal of an effective anti-harassment

program is to prevent or reduce the incidence of

harassing behaviors, schools should anticipate that,

due to the heightened awareness of the school

community, a new anti-harassment program may

result in an increased incidence of reports and

complaints.

Archived Information
40 Protecting Students from Harassment and Hate Crime

II: School Climate

Archived Information
School Climate 41

II: Hate Crimes

T

his section provides specific information to help

school districts respond to and prevent hate

crimes that may occur at school or involve

members of the school community.

HATE OR BIAS CRIME. For purposes of this

Guide, the term “hate or bias crime” is used to

describe an offense against persons or property

motivated by hate or bias against a victim based on

race, ethnicity, national origin, religion, sex, disability, or sexual orientation.60Violence motivated by

such factors seriously threatens the values of the

school and the larger community and the physical

safety and mental well-being of all of those affected.

Examples of hate-motivated crime include threatening phone calls, defacing or destroying personal

property or buildings, hate mail, bomb threats,

other threats of physical harm and intimidation,

physical assault, arson, vandalism, cross-burnings,

and destruction of religious symbols. Other incidents of harassment, such as racial epithets or

graffiti, that occur at school, are also of interest to

law enforcement agencies, as well as to school

officials, because of their potential for causing

dangerous confrontation, disruption of order and

public safety, and violent retaliation outside of

school property or school hours.

SEXUAL OFFENSES. Serious incidents of sexual

harassment, such as rape, stalking, and sexual

molestation will also violate criminal laws and pose

similar challenges to school officials. Depending on

the circumstances of a particular case, a sexual

offense might also meet the definition of a bias

crime in some jurisdictions.

The following are steps that districts should take

to confront and eliminate hate crimes and other

incidents of harassment and confrontation that

threaten public safety, involve multiple persons as

targets or perpetrators, generate community tensions, or disrupt school order and discipline.

Identify the hate crime laws that apply in the

school’s jurisdiction

LAWS AGAINST BIAS CRIME AND PENALTY

ENHANCEMENT STATUTES. As of October

1997, forty-one states and the District of Columbia

have enacted laws against bias-motivated violence

and intimidation.61 Even in the absence of state laws

identifying particular bias crimes, severe harassment

is likely to constitute violations of other offenses

contained in criminal codes, such as assault and

battery, threatening behavior, theft, and destruction

of property.

Congress has also enacted federal laws that

provide both criminal and civil remedies to victims

of bias-motivated crimes. One of these federal

criminal civil rights statutes, 18 U.S.C. § 245,

prohibits the intentional interference, by force or

threat of force, with certain federally protected

activities, including enrollment in public schools,

where the interference is motivated by discrimination on the basis of race, color, religion or national

origin. This law also protects individuals who are

helping others obtain an equal opportunity for a

public education.

Federal law also allows more severe penalties

when other federal offenses are motivated by bias.

Section 280003 of Public Law 103-322, 28 U.S.C.

§ 994, provides for increased penalties for persons

convicted of federal crimes when the victims were

selected “because of the actual or perceived race,

color, religion, national origin, gender, disability, or

sexual orientation of any person.”

Consult the state attorney general and local

prosecutor and police department to determine the

types of bias incidents recognized as criminal

offenses in the state, county and municipality in

which the district is located. Also determine the

definitions of other criminal offenses that may be

applicable to harassing conduct. The definitions

Part II: Step-by-Step Guidance

Addressing Hate Crimes and Conflicts in School and in the Community

Archived Information
42 Protecting Students from Harassment and Hate Crime

II: Hate Crimes

should be widely disseminated and may be included

in the district’s policy. For an overview of hate

crime laws in the United States, see the chart of

State Hate Crimes Statutory Provisions, compiled

by the Anti-Defamation League, at Appendix C.

Like bias crimes, sexual offenses should trigger

close cooperation with law enforcement agencies.

Definitions of these offenses should be made

available to appropriate school officials.

Recognize bias-motivated crime and violence

School administrators should learn to recognize

typical indicators of crimes against persons or

property that appear to be motivated by bias so that

they can alert law enforcement officers to the

possible nature of the offense. Screening of all

disciplinary incidents to identify such indicators

may be warranted in some schools.

Contact law enforcement personnel,

as appropriate

REFERRALS TO LAW ENFORCEMENT

AGENCIES. School officials should contact law

enforcement officials when hate crimes are committed or suspected on school property or in connection with off-site school activities. School officials

should also contact law enforcement officials when

they become aware of information indicating that

any criminal behavior is occurring or is imminent

that threatens the life or safety of students or other

persons, whether or not the behavior relates to

school property or activities.

School officials should also make referrals when

less serious incidents occur. Circumstances that

should be considered in determining whether a

referral is advisable include the nature and seriousness of the conduct and the risk that the conduct

poses to the health, safety, or well-being of students, employees, and the public. School officials

should remember that prosecutors and police may

have information and techniques that may help to

• Attacks in which the victim and perpetrator are of a different race, religion, national

origin, gender, or sexual orientation, especially a pattern of such attacks

• A perception by the victim that the perpetrator was motivated by bias

• Victim’s known association with activities relating to his or her race, ethnicity,

religion, disability, sex, or sexual orientation (for example, attacks on participants in

Black History Month programs)

• Prior or recent news coverage of similar bias incidents

• Hostile acts directed against members of groups whose presence in the area is

opposed, or when the group is small in number

• Manner and the means of attack, for example, violent attacks or beatings without

another apparent motive

• Use of language and symbols of ethnic hate such as swastikas and burning

crosses, racial and ethnic slurs, the color of paint, and the spelling of words

• Ongoing neighborhood or community conflicts or problems that may have initiated

or contributed to the act, for example, bias incidents that may provoke retaliation

• Possible involvement by an organized hate group, as shown by contemporaneous

circulation of printed literature or organized hate activity in the area

Indicators that criminal acts might be motivated by discrimination62

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School Climate 43

II: Hate Crimes

identify the perpetrators, to determine the motivation for the incident, and to assess the possibility

that violent retaliation or escalation may occur.

Referrals can be made even if information is

insufficient for a formal charge. Referrals can also

be made when a pattern of incidents at school

becomes apparent. Referrals can be made to child

protection units, juvenile authorities, police departments, and prosecutors, as appropriate. Schools

should determine whether the attorney general of

their state, a state or local civil rights agency, or

other non-police agencies also accept referrals of

bias incidents for investigation and remediation or

can provide assistance to school officials or victims.

VANDALISM AND GRAFFITI. In addition to

violating the school’s disciplinary code or antiharassment policies, certain kinds of graffiti may

also be of interest to law enforcement agencies.

Graffiti can violate state laws against vandalism,

malicious destruction of property, threats and

intimidation, and hate-motivated offenses. For

example, law enforcement agencies recommend

that evidence of graffiti be preserved for investigation when the graffiti is repetitive or persistent, is

located in places of high visibility, identifies particular targets, identifies the perpetrator, contains

incitements to violence, threats or intimidation,

and/or targets particular groups.63

FILING CRIMINAL CHARGES. Schools should

help any student who is a victim of a crime to file

charges and support the student throughout and

following court proceedings. A referral for law

enforcement or filing of criminal charges by a

student victim does not relieve the school district of

its obligation to investigate, make findings, and

remedy the harassment charged insofar as schoolrelated conduct is involved. For example, if a

teacher is alleged to have sexually abused a student,

the school is responsible for investigating, stopping,

and preventing recurrence of the harassment even if

criminal charges are also filed. Also, a student who

files criminal charges regarding a sexual assault

occurring off-site may be retaliated against in school

by harassing conduct by friends of the alleged

offender. In this instance, the school would be

responsible for investigating and stopping the

retaliatory harassment.

Where related criminal charges are filed, the

school’s investigation should be coordinated with

any law enforcement activity. In the rare instances

in which the school may be asked to delay a full

inquiry to avoid compromising a police investigation, the school should take steps to protect the

safety of the victim and other persons affected and

to prevent retaliation against those assisting in the

investigation.

RETALIATION. Since it is common for perpetrators and their friends and associates to take retaliatory action against students who file charges,

including charges of sexual assault, it is crucial that

the school institute measures that are reasonably

calculated to prevent retaliation against the student

victim. At a minimum, schools should make sure

that the harassed students and their parents know

how to report any subsequent problems and should

make follow-up inquiries to see if there have been

any new incidents of harassment or any retaliation.

Balance the need to preserve the physical evidence of hate crime for investigation

with the duty to minimize the exposure of students to harmful messages. Investigation

may identify the perpetrator and determine if a hate group may be involved. Cover or

conceal graffiti or other evidence of hate crimes while contacting law enforcement

authorities to reduce the chance that students will see it. Photographing all instances

of hate-motivated or harassing graffiti is a good practice, and, if a criminal violation is

involved, the physical evidence should be preserved until the police approve removal.

Preserve evidence for investigation

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44 Protecting Students from Harassment and Hate Crime

II: Hate Crimes

Prepare for crisis situations

Schools should have crisis intervention plans in

place for addressing incidents that may provoke

widespread concern. Even nonviolent incidents that

occur in public places and involve multiple parties,

such as racial name-calling at athletic events, can

generate intense public and media interest. Identify

persons including administrators, teachers, student

leaders, and other students who should be prepared

to address media concerns, police liaison, rumor

control, safety, and similar needs.

Coordinate the school’s anti-harassment

activities with the larger community

Because schools do not operate in isolation from

the community, bias crimes or incidents committed

outside of school can quickly affect the school

climate and relationships among students. Incidents

within schools can lead to retaliation or confrontations outside of school. For these reasons, schools

need to cooperate with, or create, community-wide

coalitions of law enforcement, social service, civic,

religious, governmental, and education agencies to

coordinate prevention efforts and responses to hate

crimes.

School officials should establish clear lines of

communication with law enforcement agencies to

cooperate in preventing and addressing bias crimes.

School officials should request that police departments inform the school when there is a possibility

of violence or conflicts that could affect the school

environment so that precautions can be taken. Both

the school and the police agency can designate

specific individuals to consult with each other

periodically and when incidents arise. Regularly

scheduled meetings between designated school and

police officials are recommended. Consider the

adoption of a memorandum of understanding with

police departments and prosecutors.

Be aware of and follow applicable federal,

state and local reporting procedures

In 1990, Congress passed the Hate Crime Statistics

Act, which directed the Attorney General of the

United States to publish data about crimes that

• Designation of crisis intervention team members

• Procedures for convening emergency meetings and consultations

• System for gathering and disseminating information about the situation, including

procedures for communicating with the media

• Possible strategies for assessing and controlling the situation, including changes

in school hours or days, expanded homerooms, classroom discussions

• Names and phone numbers of professional mediators or experts in diffusing

conflict65

• Methods of obtaining and discreetly using additional security

• Continuing, frequent contacts with the persons or groups targeted by the

harassment to reassure them of their safety and importance to the district and

inform them of the steps being taken

• Procedures for periodic contact with other interested parties

• Counseling for all affected persons, as appropriate

• Initiation of long-term solutions, such as curriculum additions and changes,

relationships with outside organizations, a speakers’ program, town forums, and

additional ways of demonstrating respect for diversity

Components of a crisis intervention plan64

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School Climate 45

II: Hate Crimes

“manifest evidence of prejudice based on race,

religion, sexual orientation, or ethnicity.”66The data

are collected from state and local law enforcement

agencies on a voluntary basis. Although this law has

since expired, the FBI ordered data collection to

continue. As of October 1997, twenty-three states

and the District of Columbia have mandated or

requested the collection of such data.67 State and

local reporting procedures may apply to schools.

For example, as of 1995, the state of California

required schools to report school crime statistics to

the state Department of Education.

Enforce the district’s anti-harassment policies

consistently and vigorously

Enforcement of the district’s anti-harassment

policies and procedures as described in this manual

will greatly help to forestall more violent acts. Many

preventable hate crimes originate in seemingly

minor incidents of racial, national origin, and

sexual harassment. Make sure that school security

officers are thoroughly trained in the school’s antiharassment policies and procedures.

Schools should make sure that their efforts to

prevent and address bias crime do not discriminate

on the basis of race, national origin, ethnicity, sex,

sexual orientation, religion, or disability.

Evaluate the district’s past responses to serious

bias incidents and consider how the response could

have been improved. Identify and monitor activities

and locations in which trouble is likely to occur.

Contact experts in the field before a crisis situation

occurs. Numerous training programs and written

materials are available from the sources listed in

Appendix D.

The suggestions made elsewhere in this Guide

regarding the need for conflict resolution and

prejudice reduction programs in school apply

equally here. Curricula used to promote positive

responses to diversity should include information

on hate or bias crimes.

• Designation of liaison personnel

• Mission statement

• Summary of relevant state laws

• Standards and procedures outlining when incidents should be referred for law

enforcement investigation or consultation

• Appropriate ways of preserving evidence for investigation

• Quick responses by law enforcement agents

• Arrest procedures

• Availability of protective services, legal advice, and training from the prosecutor’s

office and police department

• Provisions covering police conduct and appearance at school to minimize

disruption to the education environment

Components of a memorandum of understanding with

law enforcement agencies68

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46 Protecting Students from Harassment and Hate Crime

II: Hate Crimes

No school official can possibly accomplish the elimination of harassment and hate

crime without a strong, continuing partnership with staff, parents, students, and the

community. Your school or school district, OCR’s national and field offices, other

components of the U.S. Department of Education, your state board of education,

your state attorney general, the National Association of Attorneys General, your

collective bargaining organization, and local law enforcement agencies must all

support each other by pooling our knowledge and experience and sharing new ideas

and solutions as we become more adept in pursuing our goal. By working and learning together, we can strive to eliminate harassment and violence from our schools

and our society.

“All life is interrelated. All people are caught in an inescapable network of

mutuality, tied in a single garment of destiny. Whatever affects one directly affects

all indirectly. Injustice anywhere is a threat to justice everywhere.” Martin Luther

King, Jr., Speech at Birmingham Jail, 1963.

Working Together

Archived Information
Notes 47

Notes

1. Discrimination based on race, color or national origin in programs or activities receiving

federal financial assistance is prohibited by Title VI of the Civil Rights Act of 1964, 42

U.S.C. § 2000d; discrimination based on sex or gender in educational programs or activities

receiving such assistance is prohibited by Title IX of the Education Amendments of 1972,

20 U.S.C. § 1681 et seq. Discrimination based on disability in programs or activities

receiving federal financial assistance is prohibited by Section 504 of the Rehabilitation Act

of 1973, 29 U.S.C. § 794, and, as to all public entities, by Title II of the Americans with

Disabilities Act of 1990 (ADA), 42 U.S.C. § 12134. Regulations issued by the United States

Department of Education implementing Title VI, Title IX, and Section 504, respectively,

can be found at 34 C.F.R. Part 100, 34 C.F.R. Part 106, and 34 C.F.R. Part 104. These

regulations can also be found through OCR’s website at www.ed.gov/offices/OCR. For

regulations implementing Title II of the ADA, see 28 C.F.R. Part 35.

2. There is an increasing awareness among school officials of the frequency and severity of

harassment of students who are, or are perceived to be, gay or lesbian. Schools should

consider whether there is a need to include harassment based expressly on sexual orientation

in their anti-harassment programs. Harassment on the basis of sexual orientation may

violate state discrimination laws or the U.S. Constitution. As described on page 19 of this

Guide, a recent holding of the Seventh Circuit Court of Appeals, Nabozny v. Podlesny, 92

F.3d 446 (7th Cir. 1996), allowed a lawsuit for damages under the United States Constitution against a school district where school officials allegedly failed to protect a gay student

from harassment to the same extent as other students because of his sex and sexual

orientation. Of course, gay and lesbian students can also be targets of sexual harassment.

See page 18 for a discussion of sexual harassment of gay and lesbian students. See also Part

II of this Guide, Addressing Hate Crime, for a discussion of state and federal criminal laws

that may be relevant to certain kinds of bias motivated incidents.

3. See surveys cited in “Abolishing Harassment,” Equity Coalition, Programs for Educational Opportunity, University of Michigan School of Education (Spring 1996).

4. OCR has published in the Federal Register two guidance documents regarding illegal

harassment. These are the “Office for Civil Rights; Sexual Harassment Guidance; Harassment of Students by School Employees, Other Students, or Third Parties; Notice,” 62

Federal Register 12034 (March 13, 1997), referred to herein as OCR’s Sexual Harassment

Guidance; and the “Racial Incidents and Harassment Against Students at Educational

Institutions; Investigative Guidance; Notice,” 59 Federal Register 11448 (March 10, 1994),

referred to herein as OCR’s Racial Harassment Guidance. Both documents can be found

through OCR’s website at www.ed.gov/offices/OCR.

5. While federal anti-discrimination laws make school districts responsible for remedying

harassment of students, these laws do not specifically require written policies specifically

addressing harassment. However, the adoption, dissemination, and enforcement of such

policies is likely to deter harassment and will help to show that the district does not tolerate

or condone such harassment. In addition, federal regulations promulgated under Title IX,

Notes

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48 Protecting Students from Harassment and Hate Crime

Notes

Section 504, and Title II of the Americans with Disabilities Act (ADA) specifically require

schools to regularly notify students, parents, and employees that the school does not

discriminate on the basis of sex and disability, to implement and disseminate prompt and

equitable complaint procedures for handling allegations of discrimination, and to designate

an employee responsible for coordinating compliance with these laws. Discrimination under

these laws includes harassment as outlined in this Guide.

6. Privacy laws may restrict the school from releasing the names of the persons involved in

some incidents of harassment. See pages 28 and 34 of this Guide and notes 39 and 42 for

information on privacy provisions.

7. See 34 C.F.R. 106.8, 34 C.F.R. 104.7, and 28 C.F.R. 35.107 regarding federal requirements for complaint procedures.

8. See page 24 of this Guide for further discussion of the extent to which schools should

honor a request for confidentiality by the victim of harassment.

9. For further discussion of the restrictions on information that may be released to a

complainant, see page 28 and 34 of this Guide.

10. See Deborah Byrnes, “ ‘Teacher, they called me a __________!‘, Confronting Prejudice and Discrimination in the Classroom,” (1995), a publication of the Utah State Office

of Education and the Anti-Defamation League.

11. See 34 C.F.R. 104.7 and 34 C.F.R. 106.8, requiring the designation of employees to

coordinate compliance with Section 504 and Title IX respectively. A similar requirement is

part of the regulations implementing the Americans with Disabilities Act at 28 C.F.R. 35.107.

12. See 18 U.S.C. § 245, prohibiting interference with federally protected activities, and

28 U.S.C. § 994, containing a penalty enhancement provision.

13. See the model Memorandum of Understanding, reprinted at Appendix A, recommended by the Office of the New Jersey Attorney General, to promote cooperation among

local districts, county prosecutors, and local police departments in investigating suspected

hate crimes and hate-motivated graffiti and protecting students from the effects of such

incidents.

14. See Appendix B, “Erasing Hate -- A Guide to Your Civil Rights in School” for an

example of the array of governmental and non-governmental sources of assistance available

to students.

15. These factors for determining when graffiti should be preserved for law enforcement

investigations are used by the University of Massachusetts - Amherst in accordance with

Massachusetts law.

16. See note 5, explaining the treatment of anti-harassment policies under federal civil rights laws.

17. All references to harassment of employees have been omitted from this example and

from all of the policy excerpts cited in this Guide.

18. On September 29, 1998, the United States Supreme Court indicated it would hear the

case of Davis v. Monroe County Board of Educ., 120 F.3d 1390 (11th Cir. 1997), cert.

granted in part, 66 U.S.L.W. 3387 (U.S.) (NO. 97-843), to decide whether, under Title

IX, school districts are liable for failing to respond to complaints of harassment of students

Archived Information
Notes 49

Notes

by other students. Currently, the federal courts have reached different conclusions on this

issue. In Davis, the Eleventh Circuit (which covers Alabama, Georgia, and Florida) had

held that school districts are not liable under Title IX in instances of peer harassment. The

Court of Appeals for the Fifth Circuit (covering Texas, Louisiana and Mississippi)) has also

held that Title IX does not impose liability on a school district for peer hostile environment harassment absent allegations that the school district itself discriminated based on

sex, e.g., by correcting harassment of boys but not girls. Rowinsky v. Bryan Indep. Sch.

Dist., 80 F.3d 1006 (5th Cir. 1996).

On the other hand, other courts of appeal have held that peer harassment is covered by

Title IX. In Doe v. University of Illinois, 138 F.3d 653 (7th Cir. 1998), petition for cert. filed,

67 U.S.L.W. 3083 (July 13, 1998) (No. 98-126), the Court of Appeals for the Seventh

Circuit (covering Illinois, Wisconsin, and Indiana), held that a school could be held liable

for the harassment of a student by another student when the school knew about the

harassment but failed to take meaningful action “plausibly directed to putting an end” to the

harassment. 138 F.3d 653, 667.

The Court of Appeals for the Ninth Circuit (covering Montana, Idaho, Washington,

Oregon, Nevada, California, and Arizona) has also held that schools have a duty under Title

IX to take reasonable steps to remedy a known hostile environment created by peer harassment. Oona R.-S.- by Kate S. v. McCaffrey, 143 F.3d 473 (1998). In Morse v. Regents of the

University of Colorado, 154 F.3d 1124 (1998), the 10th Circuit (covering Wyoming, Utah,

Colorado, New Mexico, Kansas, and Oklahoma) held that the defendant university could

be liable for the harm suffered as a result of sexual harassment and hostile environment

created by a fellow student (who exercised some measure of authority over plaintiffs)

because the defendant knew of the harassment and did not respond adequately. In

addition, a panel of the Fourth Circuit had held that a public university was liable under

Title IX for a student-on-student sexual assault. However, the full Fourth Circuit indicated

it would further consider the issue. Brzonkala v. Virginia Polytechnic Inst., 132 F.3d 949

(4th Cir. 1997), rehearing en banc granted, opinion vacated (4th Cir. Feb. 5, 1998). The

Fourth Circuit includes Virginia, West Virginia, Maryland, North Carolina, and South

Carolina.

Since the Supreme Court is likely to issue an opinion resolving the conflicting interpretations of the lower federal courts, school districts should consult their legal counsel

regarding their potential liability under the civil rights statutes discussed in this Guide

with respect to peer harassment. Furthermore, districts in the states covered by the Fifth

and Eleventh Circuits are not precluded from adopting policies and procedures to protect

students from peer harassment, and this Guide presents effective methods for doing so.

Some of the states in the Fifth and Eleventh Circuits specifically prohibit sexual harassment in schools.

19. The question of harassment by persons who are neither students nor employees of the

school is discussed in the OCR’s Sexual Harassment Guidance at 62 Federal Register

12040.

20. See OCR’s Guidance on Racial Incidents, applying Title VI of the Civil Rights Act of

1964, 42 U.S.C. 2000d, and its implementing regulation, 34 C.F.R. Part 100.

21. Language in the Model Policy of the Vermont Board of Education states: “Harassment

on the basis of national origin is unwelcome verbal, written, or physical conduct, directed at

the characteristics of a person’s national origin, such as negative comments regarding

surnames, manner of speaking, customs, language or ethnic slurs.”

22. Other samples of language defining racial and national origin harassment are contained in school policies in Appendix A.

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50 Protecting Students from Harassment and Hate Crime

Notes

23. The West Virginia Rules also define “sexual violence” as “a physical act of aggression or

force or the threat of force” to accomplish intimate physical contact.

24. For further discussion regarding same sex harassment under Title IX, see OCR’s Sexual

Harassment Guidance, 62 Federal Register 12039 and corresponding footnotes. After the

Guidance was published, the United States Supreme Court confirmed that workplace

harassment can violate the sex discrimination provision of Title VII of the Civil Rights Act

when the harasser and harassed employee are of the same sex. Oncale v. Sundowner

Offshore Services, Inc., 118 S.Ct. 998 (1998).

25. See OCR’s Sexual Harassment Guidance, 62 Federal Register 12039, for a discussion

of sexual harassment of gay and lesbian students.

26. See OCR’s Sexual Harassment Guidance, 62 Federal Register 12040, for a discussion of the

concept of welcomeness as applied to sexual conduct between school employees and students.

27. For an example of language barring sexual conduct between employees and students,

see the Rules of the West Virginia Board of Education stating: “Amorous relationships

between staff members and students are prohibited and staff members violating this

prohibition shall be subject to . . . [disciplinary action].”

28. See OCR’s Sexual Harassment Guidance, 62 Federal Register 12034, 12038, stating

that Title IX’s prohibition against sexual harassment does not extend to legitimate nonsexual touching or other nonsexual conduct, e.g., a high school athletic coach hugging a

student who has made a goal.

29. See Guckenberger v. Boston University, 957 F. Supp. 306, 313-316 (D.Mass. 1997),

holding that the Americans with Disabilities Act and Section 504 proscribe harassment

based on disability, when such harassment has the purpose or effect of unreasonably

interfering with a student’s performance or of creating an intimidating, hostile or offensive

learning environment. See also Doe v. Marshall, 882 F. Supp. 1504, 1507 (E.D. Penn.

1995), holding that harassment based on disability by a professor against a college student

could violate Section 504 and the ADA. OCR has investigated numerous complaints of

disability related harassment.

30. The State of Vermont’s Model Policy describes disability harassment as including:

“conduct . . . directed at the characteristics of a person’s disabling condition, such as

imitating manner of speech or movement, or interference with necessary equipment.”

31. OCR’s Sexual Harassment Guidance, 62 Federal Register 12034, 12041-42, lists the

following factors to consider in evaluating whether acts of harassment are sufficiently severe,

persistent or pervasive to establish a hostile environment: the age of the victim(s) and, where

relevant, of the harasser; the identity and relationship of the alleged harasser and the target of

the harassment; the degree to which the conduct affected one or more students’ education; the

number of harassers and the number of victims; the nature and type of harassment, including

the extent of hostility shown; the frequency and duration of the conduct; the location or

situation in which the incident occurred, particularly whether the incident occurred in a

captive, confined, or enclosed environment; the size of the school and the number of persons

aware of the incident; the occurrence of other harassing incidents at the school or in the

school-related activity and whether or not the same individuals were involved.

Archived Information
Notes 51

Notes

32. Guidelines on religious expression in public schools were issued by the U.S. Department of Education in June 1998. These are available at www.ed.gov/Speeches/08-1995/

religion.html.

33. See Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996).

34. For example, the State of Vermont prohibits harassment based on sexual orientation.

The example of harassing behavior based on sexual orientation given in the Vermont

Department of Education’s Model Policy is “unwelcome verbal, written, or physical

conduct, directed at the characteristics of a person’s sexual orientation, such as negative

name calling and imitating behaviors.”

35. The regulations implementing Title IX, Section 504, and Title II of the ADA require

notice of the individual responsible for coordinating compliance, including receiving

complaints.

36. Retaliation is prohibited by the Title VI regulation at 34 C.F.R. 100.7(e). The regulations implementing Title IX and Section 504 have incorporated this prohibition against

retaliation. See 34 C.F.R. 106.71 and 34 C.F.R. 104.61.

37. See OCR’s Sexual Harassment Guidance, 62 Federal Register 12045 - 12046, for

discussion of the First Amendment. In addition, some of the cases that address restrictions

on student speech and expression in elementary and secondary schools include Hazelwood

School District v. Kuhlmeier, 484 U.S. 260, 266 (1988) (school restrictions on high school

newspaper); Bethel School District No. 403 v. Fraser, 478 U.S. 675, 682, 683 (1986) (indecent

speech at school assembly); Tinker v. Des Moines Independent Community School District, 393

U.S. 503, 506 (1969) (student armbands to express an opinion on national policy); Phillips v.

Anderson County School Dist. Five, 987 F. Supp. 488, 493 (D.S.C. 1997) (restrictions on

student clothing displaying or wearing the Confederate flag); and Denno v. School Bd. of

Volusia County, 959 F. Supp. 1481, 1485 (M.D. Fla. 1997) (display of Confederate flag).

38. See, e.g., “Tune in to Your Rights . . . A Guide for Teenagers about Turning Off Sexual

Harassment,” published by the Programs for Educational Opportunity, University of Michigan in 1985, which describes some feelings of adolescents experiencing sexual harassment.

39. FERPA, 20 U.S.C. § 1232g, will apply where information about harassment is contained

in an educational record. See OCR’s Sexual Harassment Guidance, 62 Federal Register 12037

and 12043, for a discussion of confidentiality requests. See also 62 Federal Register 12050,

note 80, describing the application of FERPA in this context.

40. See the Individuals with Disabilities Education Act, as amended in 1997, 20 U.S.C.

§ 1400. OCR’s policy interpreting Section 504 also specifies prerequisites to the use of

certain disciplinary measures with students with disabilities. Anti-harassment policies can

remind school officials of the requirements applicable to the discipline of students with

disabilities. For example, the State of Vermont’s Model Anti-Harassment Policy provides:

“Action taken for violation of this policy shall be consistent with the requirements of any

applicable collective bargaining agreement, Supervisory Union, and/or School District

policy, state and federal law, including but not limited to the due process protections for

students with disabilities.”

41. When investigating and remedying harassment, school districts need to pay attention to

the procedural rights of the alleged harasser. See page 33 of this Guide for information in

this regard.

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52 Protecting Students from Harassment and Hate Crime

Notes

42. The U.S. Department of Education interprets the Family Educational Rights and

Privacy Act (FERPA) to prohibit elementary and secondary school districts from releasing

information regarding any disciplinary actions taken against students who are found to have

harassed other students except where the action directly affects another student, such as an

order requiring the harasser not to have contact with the target. See OCR’s Sexual Harassment Guidance at 62 Federal Register 12037-12038. Although FERPA does not apply to

release of records pertaining to staff who have been found to have harassed students, state

laws may be applicable to such records.

43. In this regard the Rules of the West Virginia Board of Education require: “The head of

the agency or the agency’s governing board shall also initiate such other action as is appropriate to ease tensions and to affirm the values of respect and understanding. . . .”

44. For an extensive discussion of grievance procedures to address complaints of discrimination, see “Title IX Grievance Procedures: An Introductory Manual,” published by U.S.

Department of Education, Office for Civil Rights (2nd ed. 1987). OCR’s Sexual Harassment Guidance, at 62 Federal Register 12034, 12044 - 12045, contains specific guidance

regarding necessary components of a complaint or grievance procedure. See 34 C.F.R.

106.8, 34 C.F.R. 104.7, and 28 C.F.R. 35.107.

45. See 34 C.F.R. 106.8, 34 C.F.R. 104.7, and 28 C.F.R. 35.107. OCR’s Sexual Harassment

Guidance, at 62 Federal Register 12034, 12044 - 12045, contains specific guidance

regarding necessary components of a complaint or grievance procedure.

46. See the regulations implementing the Americans with Disabilities Act (ADA) of 1990, at

28 C.F.R. 35.160(a), and Section 504 of the Rehabilitation Act of 1973, at 34 C.F.R. Part

104. Under the ADA, a public entity, such as a public school, is to furnish appropriate

auxiliary aids and services where necessary to afford an individual with a disability an equal

opportunity to participate. 28 C.F.R. 35.160(b)(1). In determining what type of auxiliary aid

or service is necessary, the ADA requires a public entity to give primary consideration to the

requests of the individual involved. 28 C.F.R. 35.160(b)(2). See also the regulations implementing Title III of the ADA, which are applicable to public accommodations, including

many private schools, requiring similar efforts to accommodate persons with disabilities.

47. An example of a checklist for reviewing discrimination grievance procedures can be

found in Appendix B of this Guide.

48. See note 46 for specific citations to the ADA and Section 504 regulations applicable to

required auxiliary aids and services to persons with disabilities.

49. See Appendix B for specific information that may be helpful for training persons

appointed to investigate harassment complaints.

50. OCR’s Sexual Harassment Guidance at 62 Federal Register 12045 and 12050, footnote 80,

contains a discussion of the procedural rights of persons accused of harassment.

51. See notes 39 and 42 regarding the effect of privacy restrictions.

52. The Model Anti-harassment Policy of the State of Vermont, Department of Education,

recommends a 14-day time frame for investigation of harassment complaints.

53. For regulations implementing FERPA, 20 U.S.C. § 1232g, see 34 C.F.R. Part 99.

Archived Information
Notes 53

Notes

54. See notes 39 and 42 regarding the effect of privacy restrictions.

55. See Robert Croninger, “Racial Harassment in Education,” Equity Coalition, Programs

for Educational Opportunity, University of Michigan (Spring 1996).

56. For a detailed description of nearly 20 student leadership and peer education programs

intended to strengthen relationships among students of different races and backgrounds

and to deter sex discrimination and harassment, see the Summer 1998 issue of NCSEE

News, a publication of the National Coalition for Sex Equity in Education.

57. Threatening or discriminatory graffiti should be photographed to assist in identifying

the perpetrators and determining if hate groups may be involved.

58. For example, the Howard County Public Schools in Maryland trains teachers and

students in identifying “signal incidents” as “teachable moments.”

59. See note 11 for the specific regulations requiring appointment of a compliance

coordinator under Title IX, Section 504, and the ADA.

60. This definition comes from “Healing the Hate - A National Bias Crime Prevention

Curriculum for Middle Schools,” published by the Education Development Center, Inc.,

with funds from the Office of Juvenile Justice and Delinquency Prevention (1997). See also

“A Policymaker’s Guide to Hate Crimes,” published by the Bureau of Justice Assistance,

U.S. Department of Justice (March 1997).

61. Data compiled by the Anti-Defamation League. See also earlier figures published in “A

Policymaker’s Guide to Hate Crimes,” Bureau of Justice Assistance, U.S. Department of

Justice (March 1997).

62. See Bulletin No. 36, Attachment B, of the Los Angeles Unified Public School District

(April 24, 1995).

63. See notes 13 and 15 for the sources of this information regarding preservation of

evidence.

64. These components are mentioned in “Not in Our School, a Rapid Response Guide for

Minnesota Schools to Incidents of Hate-Based Violence,” from the Office of the Minnesota

Attorney General.

65. The Community Relations Service of the U.S. Department of Justice and the other

agencies listed in Appendix D may be able to mediate volatile conflicts.

66. For additional information on reporting provisions, see “A Policymaker’s Guide to

Hate Crimes,” Bureau of Justice Assistance, U.S. Department of Justice (March 1997).

67. Data compiled by the Civil Rights Division of the Massachusetts Office of the

Attorney General and the Anti-Defamation League.

68. See New Jersey’s model “Memorandum of Understanding Between Education and Law

Enforcement Officials” (June 1993) at Appendix A.

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54 Protecting Students from Harassment and Hate Crime

Notes

Archived Information
Appendix A: Sample School Policies 55

A: Sample Policies

Appendix A:

Sample School Policies

• Arizona Sample School Policy Prohibiting Harassment

and Violence

• Minnesota Sample School Board Policy Prohibiting

Harassment and Violence

• Vermont Model Anti-Harassment Policy

• Legislative Rules of the Board of Education

of West Virginia

• Model Memorandum of Understanding between

New Jersey Education and Law Enforcement Officials

• Comprehensive Plan of the Edmonds (WA) School District

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56 Protecting Students from Harassment and Hate Crime

A: Sample Policies

Archived Information
Appendix A: Sample School Policies 57

A: Sample Policies

Arizona Sample School Policy

Prohibiting Harassment

and Violence

Prepared by the Office of the

Attorney General

I. GENERAL STATEMENT OF POLICY

It is the policy of this District to maintain a learning environment

that is free from harassment because of an individual’s race,

color, sex, national origin or disability. The School District

prohibits any and all forms of harassment because of race,

color, sex, national origin, and disability.*

It shall be a violation of District policy for any student, teacher,

administrator, or other school personnel of this District to

harass a student through conduct of a sexual nature, or

regarding race, color, national origin or disability, as defined by

this policy.

It shall also be a violation of District policy for any teacher,

administrator or other school personnel of this District to

tolerate sexual harassment or harassment because of a

student’s race, color, national origin, ethnicity, or disability, as

defined by this policy, by a student, teacher, administrator, other

school personnel, or by any third parties who are participating

in, observing, or otherwise engaged in activities, including

sporting events and other extra curricular activities, under the

auspices of the School District.

For purpose of this policy, the term “school personnel” includes

school board members, school employees, agents, volunteers,

contractors, or persons subject to the supervision and control

of the District.

The school system will act to promptly investigate all

complaints, either formal or informal, verbal or written, of

harassment because of race, color, sex, national origin, or

disability; to promptly take appropriate action to protect

individuals from further harassment; and, if it determines that

unlawful harassment occurred, to promptly and appropriately

discipline any student, teacher, administrator or other school

personnel who is found to have violated this policy, and/or to

take other appropriate action reasonably calculated to end the

harassment.**

II. DEFINITIONS

A. Sexual harassment

For purposes of this policy, sexual harassment of a student

consists of unwelcome and unsolicited sexual advances,

requests for sexual favors, sexually motivated physical

conduct, or other verbal or physical conduct or

communication of a sexual nature when:

1. a school employee causes a student to believe that he or

she must submit to unwelcome sexual conduct in order to

participate in a school program or activity, or when an employee

or third party agent of the school district causes a student to

believe that the employee will make an educational decision

based on whether or not the student submits to unwelcome

sexual conduct; or

2. the unwelcome sexual conduct is so severe, persistent or

pervasive that it affects a student’s ability to participate in or

benefit from an educational program or activity, or creates an

intimidating, threatening or abusive educational environment.

Examples of conduct which may constitute sexual harassment

include

• sexual advances

• touching, patting, grabbing or pinching another person’s

intimate parts, whether that person is of the same sex or the

opposite sex

• coercing, forcing or attempting to coerce or force the

touching of anyone’s intimate parts

• coercing, forcing or attempting to coerce or force sexual

intercourse or a sexual act on another

• graffiti of a sexual nature

• sexual gestures

• sexual or dirty jokes

• touching oneself sexually or talking about one’s sexual

activity in front of others

• spreading rumors about or rating other students as to sexual

activity or performance

• unwelcome, sexually motivated or inappropriate patting,

pinching or physical contact. This prohibition does not

preclude legitimate, non sexual physical conduct such as the

use of necessary restraints to avoid physical harm to persons

or property, or conduct such as teacher’s consoling hug of a

young student, or one student’s demonstration of a sports

move requiring contact with another student

• other unwelcome sexual behavior or words, including

demands for sexual favors, when accompanied by implied or

overt threats concerning an individual’s educational status or

implied or overt promises of preferential treatment.

B. Harassment because of race or color

For purposes of this policy, racial harassment of a student

consists of verbal or physical conduct relating to an individual’s

race or color, when

1. the harassing conduct is sufficiently severe, persistent or

pervasive that it affects a student’s ability to participate in or

benefit from an educational program or activity, or creates

an intimidating, threatening or abusive educational

environment;

________________________________________

*This policy should not be read to abrogate other District policies

prohibiting other forms of unlawful discrimination, inappropriate

behavior, and/or hate crimes within this District. It is the intent of the

District that all such policies be read consistently to provide the highest

level of protection from unlawful discrimination in the provision of

educational services and opportunities.

**This policy is made pursuant to the requirements of 42 U.S.C. sec.

2000d; 20 U.S.C. sec. 1681 et seq.; 29 U.S.C. sec. 791 et seq.; 42

U.S.C. sec. 12131-12134.

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2. the harassing conduct has the purpose or effect of

substantially or unreasonably interfering with an individual’s

academic performance; or

3. the harassing conduct otherwise adversely affects an

individual’s learning opportunities.

Examples of conduct which may constitute harassment

because of race or color include

• graffiti containing racially offensive language

• name calling, jokes or rumors

• threatening or intimidating conduct directed at another

because of the other’s race or color

• notes or cartoons

• racial slurs, negative stereotypes, and hostile acts which are

based upon another’s race or color

• written or graphic material containing racial comments or

stereotypes which is posted or circulated and which is aimed

at degrading individuals or members of protected classes

• a physical act of aggression or assault upon another

because of, or in a manner reasonably related to, race or

color

• other kinds of aggressive conduct such as theft or damage

to property which is motivated by race or color.

C. Harassment based upon National Origin or Ethnicity

For purposes of this policy, ethnic or national origin

harassment of a student consists of verbal or physical conduct

relating to an individual’s ethnicity or country of origin or the

country of origin of the individual’s parents, family members

or ancestors when

1. the harassing conduct is so severe, persistent or pervasive

that it affects a student’s ability to participate in or benefit

from an educational program or activity, or creates an

intimidating, threatening or abusive educational environment;

2. the harassing conduct has the purpose or effect of

substantially or unreasonably interfering with an individual’s

work or academic performance; or

3. the harassing conduct otherwise adversely affects an

individual’s learning opportunities.

Examples of conduct which may constitute harassment because

of national origin or ethnicity include

• graffiti containing offensive language which is derogatory to

others because of their national origin or ethnicity

• threatening or intimidating conduct directed at another

because of the other’s national origin or ethnicity

• jokes, name calling, or rumors based upon an individual’s

national origin or ethnicity

• ethnic slurs, negative stereotypes, and hostile acts which are

based upon another’s national origin or ethnicity

• written or graphic material containing ethnic comments or

stereotypes which is posted or circulated and which is aimed

at degrading individuals or members of protected classes

• a physical act of aggression or assault upon another because

of, or in a manner reasonably related to, ethnicity or national

origin

• other kinds of aggressive conduct such as theft or damage to

property which is motivated by national origin or ethnicity.

D. Harassment because of disability

For purposes of this policy, harassment because of the disability

of a student consists of verbal or physical conduct relating to an

individual’s physical or mental impairment when

1. the harassing conduct is so severe, persistent or pervasive

that it affects a student’s ability to participate in or benefit

from an educational program or activity, or creates an

intimidating, threatening or abusive educational environment;

2. the harassing conduct has the purpose or effect of

substantially or unreasonably interfering with an individual’s

work or academic performance; or

3. the harassing conduct otherwise adversely affects an

individual’s learning opportunities.

Examples of conduct which may constitute harassment because

of disability include

• graffiti containing offensive language which is derogatory to

others because of their physical or mental disability

• threatening or intimidating conduct directed at another

because of the other’s physical or mental disability

• jokes, rumors or name calling based upon an individual’s

physical or mental disability

• slurs, negative stereotypes, and hostile acts which are based

upon another’s physical or mental disability

• graphic material containing comments or stereotypes which

is posted or circulated and which is aimed at degrading

individuals or members of protected classes

• a physical act of aggression or assault upon another because

of, or in a manner reasonably related to, an individual’s

physical or mental disability

• other kinds of aggressive conduct such as theft or damage to

property which is motivated by an individual’s physical or

mental disability.

III. REPORTING PROCEDURES

Any student who believes he or she has been the victim of

sexual harassment or harassment based on race, color, national

origin, or disability by a student, teacher, administrator or other

school personnel of the School District, or by any other person

who is participating in, observing, or otherwise engaged in

activities, including sporting events and other extra curricular

activities, under the auspices of the School District, is

encouraged to immediately report the alleged acts to an

appropriate School District official designated by this policy.

Any teacher, administrator, or other school official who has or

receives notice that a student has or may have been the victim

of sexual harassment or harassment based on race, color,

national origin, or disability by a student, teacher, administrator

or other school personnel of the School District, or by any other

person who is participating in, observing, or otherwise engaged

in activities, including sporting events and other extra curricular

activities, under the auspices of the School District, is required

to immediately report the alleged acts to an appropriate School

District official designated by this policy.

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Appendix A: Sample School Policies 59

A: Sample Policies

Any other person with knowledge or belief that a student has or

may have been the victim of sexual harassment or harassment

based on race, color, national origin, or disability as set forth

above, is encouraged to immediately report the alleged acts to

an appropriate School District official designated by this policy.

The School District encourages the reporting party or

complainant to use the report form available from the principal

of each building or available from the School District office, but

oral reports shall be considered complaints as well. Use of

formal reporting forms is not mandated. Nothing in this policy

shall prevent any person from reporting harassment directly to

a District Human Rights officer or to the superintendent.

A. In each school building, the [building principal] is the person

responsible for receiving oral or written reports of sexual

harassment, or harassment based on race, color, national

origin, or disability at the building level. Any adult School

District personnel who receives a report of sexual harassment,

or harassment based on race, color, national origin, or disability

shall inform the building principal immediately.

Upon receipt of a report, the principal must notify the School

District Human Rights officer immediately, without screening or

investigating the report. The principal may request but may not

insist upon a written complaint. A written statement of the facts

alleged will be forwarded as soon as practicable by the principal

to the Human Rights officer. If the report was given verbally, the

principal shall personally reduce it to written form within 24

hours and forward it to the Human Rights officer. Failure to

forward any harassment report or complaint as provided herein

will result in disciplinary action against the principal. If the

complaint involves the building principal, the complaint shall be

made or filed directly with the Superintendent or the School

District Human Rights officer by the reporting party or the

complainant.

B. The School Board has designated: ____________________

___________________________________________________________________________

as the School District Human Rights officer with responsibility

to identify, prevent, and remedy harassment. The District

Human Rights officer shall

• receive reports or complaints of sexual harassment, and

harassment based on race, color, national origin, or disability;

• oversee the investigative process;

• be responsible for assessing the training needs of the

District’s staff and students in connection with the

dissemination, comprehension, and compliance with this

policy;

• arrange for necessary training required for compliance with

this policy; and

• insure that any investigation is conducted by an impartial

investigator who has been trained in the requirements of

equal educational opportunity, including harassment, and

who is able to apply procedural and substantive standards

which are necessary and applicable to identify unlawful

harassment, recommend appropriate discipline and remedies

when harassment is found, and take other appropriate action

to rectify the damaging effects of any prohibited

discrimination, including interim protection of the victim

during the course of the investigation.

If any complaint involves a Human Rights officer, the complaint

shall be filed directly with the Superintendent.

The School District shall conspicuously post this policy against

harassment and violence in each school that the District

maintains, in a place accessible to students, faculty,

administrators, employees, parents and members of the public.

This notice shall include the name, mailing address and

telephone number of the Human Rights officer, [the name,

mailing address and telephone number of the state agency

responsible for investigating allegations of discrimination in

educational opportunities,] and the mailing address and

telephone number of the United States Department of

Education, Office for Civil Rights.

C. A copy of this policy shall appear in the student handbook

and shall be made available upon request of parents, students,

and other interested parties.

D. The School Board will develop a method of discussing this

policy with students and employees. Training on the

requirements of non-discrimination and the appropriate

responses to issues of harassment will be provided to all school

personnel on an annual basis, and at such other times as the

School Board in consultation with the District Human Rights

officer determines is necessary or appropriate.

E. This policy shall be reviewed at least annually for compliance

with state and federal law.

F. The School District will respect the privacy of the

complainant, the individuals against whom the complaint is

filed, and the witnesses as much as possible, consistent with

the District’s legal obligations to investigate, to take appropriate

action, and to conform with any discovery or disclosure

obligations.

IV. INVESTIGATION

Upon receipt of a report or complaint alleging sexual

harassment, or harassment based upon race, national origin, or

disability, the Human Rights officer shall immediately undertake

or authorize an investigation. That investigation may be

conducted by School District officials or by a third party

designated by the School District.

The investigation may consist of personal interviews with the

complainant, the individual against whom the complaint is filed,

and others who have knowledge of the alleged incident or

circumstances giving rise to the complaint. The investigation

may also consist of the evaluation of any other information or

documents which may be relevant to the particular allegations.

In determining whether the alleged conduct constitutes a

violation of this policy, the School District shall consider

• the nature of the behavior

• how often the conduct occurred

• whether there were past incidents or past continuing patterns

of behavior

• the relationship between the parties involved

• the race, national origin, sex and age of the victim

• the identity of the perpetrator, including whether the

perpetrator was in a position of power over the student

allegedly subjected to harassment

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60 Protecting Students from Harassment and Hate Crime

A: Sample Policies

• the number of alleged harassers

• the age of the alleged harasser

• where the harassment occurred

• whether there have been other incidents in the school

involving the same or other students

• whether the conduct adversely affected the student’s

education or educational environment

• the context in which the alleged incidents occurred.

Whether a particular action or incident constitutes a violation

of this policy requires a determination based on all the facts

and surrounding circumstances.

The investigation shall be completed [no later than fourteen

days from receipt of the report]. The School District Human

Rights officer shall make a written report to the Superintendent

upon completion of the investigation. If the complaint involves

the Superintendent, the report may be filed directly with the

School Board. The report shall include a determination of

whether the allegations have been substantiated as factual and

whether they appear to be violations of this policy. The School

District Human Rights officer’s obligation to conduct this

investigation shall not be extinguished by the fact that a criminal

investigation involving the same or similar allegations is also

pending or has been concluded.

V. SCHOOL DISTRICT ACTION

A. Upon receipt of a report that a violation has occurred, the

School District will take prompt, appropriate formal or informal

action to address, and where appropriate, remediate the

violation. Appropriate actions may include but are not limited to

counseling, awareness training, parent-teacher conferences,

warning, suspension, exclusion, expulsion, transfer,

remediation, termination or discharge. School District action

taken for violation of this policy shall be consistent with the

requirements of applicable collective bargaining agreements,

state and federal law, and School District policies for violations

of a similar nature or similar degree of severity. In determining

what is an appropriate response to a finding that harassment in

violation of this policy has occurred, the School District shall

consider

• what response is most likely to end any ongoing harassment

• whether a particular response is likely to deter similar future

conduct by the harasser or others

• the amount and kind of harm suffered by the victim of the

harassment

• the identity of the party who engaged in the harassing

conduct

• whether the harassment was engaged in by school personnel,

and if so, the School District will also consider how it can

best remediate the effects of the harassment.

In the event that the evidence suggests that the harassment at

issue is also a crime in violation of an Arizona criminal statute,

the School Board shall also direct the School District Human

Rights officer to report the results of the investigation to the

appropriate law enforcement agency charged with responsibility

for handling such crimes.

B. The results of the School District’s investigation of each

complaint filed under these procedures will be reported in

writing to the complainant and other parties by the School

District in accordance with state and federal laws regarding data

or records privacy, and consistent with the privacy rights of the

alleged harasser.

C. If the results of the School District’s evaluation of a

complaint of harassment results in a conclusion that an

individual has engaged in unlawful harassment in violation of

this policy, or that school personnel have failed to report

harassment as required herein, that individual may appeal this

determination by use of established School Board procedures

for appealing other adverse personnel and/or education related

actions. If the results of the School District’s evaluation of a

complaint of harassment results in a conclusion that no

unlawful harassment has occurred, an individual who was

allegedly subjected to harassment and believes that this

conclusion is erroneous may appeal this determination by use

of established School Board procedures for appealing other

adverse personnel and/or education related actions.

D. Copies of all complaints of harassment and the

investigations conducted pursuant to them shall be maintained

for a period of [two years] at the [main administrative offices

of the School District].

VI. REPRISAL

Submission of a good faith complaint or report of sexual

harassment, or harassment based upon race, color, disability or

national origin will not affect the complainant or reporter’s

future employment, grades, learning or working environment or

work assignments.

The School District will discipline or take appropriate action

against any student, teacher, administrator or other school

personnel who retaliates against any person who reports an

incident of alleged sexual, racial, ethnic or disability related

harassment or violence, or any person who testifies, assists or

participates in a proceeding, investigation or hearing relating to

such harassment or violence. Retaliation includes, but is not

limited to, any form of intimidation, reprisal or harassment.

Archived Information
Appendix A: Sample School Policies 61

A: Sample Policies

REPORT FORM FOR REPORTS OR COMPLAINTS

OF SEXUAL HARASSMENT, AND HARASSMENT

BECAUSE OF RACE, NATIONAL ORIGIN, AND

DISABILITY

Complainant _______________________________________

Home Address _____________________________________

Work Address ______________________________________

Home Phone _______________________________________

Work Phone _______________________________________

Date of alleged incident(s)_____________________________

Did the incidents involve sexual harassment ________ racial

harassment _______ harassment because of national origin

__________ harassment because of disability __________

(circle all that apply)

Name of person you believe harassed you or another

person:___________________________________________

If the alleged harassment was toward another person, identify

that other person ___________________

Describe the incident as clearly as possible, including such

things as what force, if any, was used, any verbal statements

(i.e. threats, requests, demands, etc.), what, if any physical

contact was involved. Attach additional pages as necessary.

________________________________________________________________________________________________________

________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

When and where did the incident

occur?______________________________________________

List any witnesses who were

present:_____________________________________________

This complaint is based upon my honest belief that

__________________________________________

has harassed me or another person. I hereby certify that the

information I have provided in this complaint is true, correct

and complete to the best of my knowledge.

______________________________

(complainant’s signature)

______________________________

(date)

______________________________

(received by)

______________________________

(date)

DISTRICT POLICY AGAINST SEXUAL

HARASSMENT, AND HARASSMENT BASED UPON

RACE, NATIONAL ORIGIN, AND DISABILITY

1. Everyone at _____________________________________

has a right to feel respected and safe.

Consequently, we want you to know about our policy to prevent

sexual harassment, and harassment because of race, national

origin, and disability.

2. A harasser may be a student or an adult. Harassment may

include the following when related to sex, race, national origin,

or disability:

a. name calling

b. pulling on clothing

c. graffiti

d. notes or cartoons

e. unwelcome touching of a person or clothing

f. offensive or graphic posters or book covers; or

g. violent acts

3. If any words or actions make you feel uncomfortable or

fearful, you need to tell a teacher, counselor, the principal or the

Human Rights officer.

4. You may also make a written report. It should be given to a

teacher, counselor, the principal or the Human Rights officer.

5. Your right to privacy will be respected as much as possible.

6. We take seriously all reports of sexual harassment, and

harassment based upon race, national origin, and disability,

and will take all appropriate action to investigate such claims,

to eliminate that harassment, and to discipline any persons

found to have engaged in such conduct.

7. The School District will also take action if anyone tries to

intimidate you or take action to harm you because you made

such a report.

8. This is a summary of this district’s policy against sexual

harassment, and harassment because of race, national origin,

and disability. A complete copy of the policy is available at the

____________ office upon request.

SEXUAL HARASSMENT AND HARASSMENT BASED ON RACE,

NATIONAL ORIGIN, AND DISABILITY ARE AGAINST THE LAW.

DISCRIMINATION IS AGAINST THE LAW.

Contact:

_____ _______________________________________

Human Rights Officer

____________________________________________

Address

___________________________________________

Telephone

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62 Protecting Students from Harassment and Hate Crime

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Archived Information
Appendix A: Sample School Policies 63

A: Sample Policies

Minnesota Sample School Board

Policy Prohibiting Harassment

and Violence

Prepared by the Minnesota School

Boards Association

I. GENERAL STATEMENT OF POLICY

 It is the policy of Independent School District No. __ (the

“School District”) to maintain a learning and working

environment that is free from religious, racial or sexual

harassment and violence. The School District prohibits any form

of religious, racial or sexual harassment and violence.

 It shall be a violation of this policy for any pupil, teacher,

administrator or other school personnel of the School District to

harass a pupil, teacher, administrator or other school personnel

through conduct or communication of a sexual nature or

regarding religion and race as defined by this policy. (For

purposes of this policy, school personnel includes school board

members, school employees, agents, volunteers, contractors or

persons subject to the supervision and control of the District.)

 It shall be a violation of this policy for any pupil, teacher,

administrator or other school personnel of the School District to

inflict, threaten to inflict, or attempt to inflict religious, racial or

sexual violence upon any pupil, teacher, administrator or other

school personnel.

 The School District will act to investigate all complaints,

either formal or informal, verbal or written, of religious, racial or

sexual harassment or violence, and to discipline or take

appropriate action against any pupil, teacher, administrator or

other school personnel who is found to have violated this policy.

II. RELIGIOUS, RACIAL AND SEXUAL

HARASSMENT AND VIOLENCE DEFINED

A. Sexual Harassment: Definition. Sexual harassment

consists of unwelcome sexual advances, requests for sexual

favors, sexually motivated physical conduct or other verbal or

physical conduct or communication of a sexual nature when:

(i) submission to that conduct or communication is made a

term or condition, either explicitly or implicitly, of

obtaining or retaining employment, or of obtaining an

education; or

(ii) submission to or rejection of that conduct or

communication by an individual is used as a factor in

decisions affecting that individual’s employment or

education; or

(iii) that conduct or communication has the purpose or

effect of substantially or unreasonably interfering with

an individual’s employment or education, or creating an

intimidating, hostile or offensive employment or

educational environment.

Sexual harassment may include but is not limited to:

(i) unwelcome verbal harassment or abuse;

(ii) unwelcome pressure for sexual activity;

(iii) unwelcome, sexually motivated or inappropriate patting,

pinching or physical contact, other than necessary

restraint of pupil(s) by teachers, administrators or other

school personnel to avoid physical harm to persons or

property;

(iv) unwelcome sexual behavior or words, including

demands for sexual favors, accompanied by implied or

overt threats concerning an individual’s employment or

educational status;

(v) unwelcome sexual behavior or words, including

demands for sexual favors, accompanied by implied or

overt promises of preferential treatment with regard to

an individual’s employment or educational status; or

(vi) unwelcome behavior or words directed at an individual

because of gender.

B. Racial Harassment: Definition. Racial harassment

consists of physical or verbal conduct relating to an individual’s

race when the conduct:

 (i) has the purpose or effect of creating an intimidating,

hostile or offensive working or academic environment;

(ii) has the purpose or effect of substantially or

unreasonably interfering with an individual’s work or

academic performance; or

(iii) otherwise adversely affects an individual’s employment

or academic opportunities.

C. Religious Harassment: Definition. Religious harassment

consists of physical or verbal conduct which is related to an

individual’s religion when the conduct:

(i) has the purpose or effect of creating an intimidating,

hostile or offensive working or academic environment;

(ii) has the purpose or effect of substantially or

unreasonably interfering with an individual’s work or

academic performance; or

(iii) otherwise adversely affects an individual’s employment

or academic opportunities.

 D. Sexual Violence: Definition. Sexual violence is a

physical act of aggression or force or the threat thereof which

involves the touching of another’s intimate parts, or forcing a

person to touch any person’s intimate parts. Intimate parts, as

defined in Minnesota Statutes Section 609.341, include the

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64 Protecting Students from Harassment and Hate Crime

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primary genital area, groin, inner thigh, buttocks or breast, as

well as the clothing covering these areas.

Sexual violence may include, but is not limited to:

(i) touching, patting, grabbing or pinching another person’s

intimate parts, whether that person is of the same sex or

the opposite sex;

 (ii) coercing, forcing or attempting to coerce or force the

touching of anyone’s intimate parts;

 (iii)coercing, forcing or attempting to coerce or force sexual

intercourse or a sexual act on another; or

 (iv)threatening to force or coerce sexual acts, including the

touching of intimate parts or intercourse, on another.

E. Racial Violence: Definition. Racial violence is a physical

act of aggression or assault upon another because of, or in a

manner reasonably related to, race.

F. Religious Violence: Definition. Religious violence is a

physical act of aggression or assault upon another because of,

or in a manner reasonably related to, religion.

G. Assault: Definition. Assault is:

(i) an act done with intent to cause fear in another of

immediate bodily harm or death;

(ii) the intentional infliction of or attempt to inflict bodily

harm upon another; or

(iii) the threat to do bodily harm to another with present

ability to carry out the threat.

III. REPORTING PROCEDURES

 Any person who believes he or she has been the victim

of religious, racial or sexual harassment or violence by a pupil,

teacher, administrator or other school personnel of the School

District, or any person with knowledge or belief of conduct

which may constitute religious, racial or sexual harassment or

violence toward a pupil, teacher, administrator or other school

personnel should report the alleged acts immediately to an

appropriate School District official designated by this policy.

The School District encourages the reporting party or

complainant to use the report form available from the principal

of each building or available from the School District office, but

oral reports shall be considered complaints as well. Nothing in

this policy shall prevent any person from reporting harassment

or violence directly to a District Human Rights Officer or to the

Superintendent.

A. In Each School Building. The building principal is the

person responsible for receiving oral or written reports of

religious, racial or sexual harassment or violence at the building

level. Any adult School District personnel who receives a report

of religious, racial or sexual harassment or violence shall inform

the building principal immediately.

Upon receipt of a report, the principal must notify the School

District Human Rights Officer immediately, without screening or

investigating the report. The principal may request, but may not

insist upon, a written complaint. A written statement of the facts

alleged will be forwarded as soon as practicable by the principal

to the Human Rights Officer. If the report was given verbally, the

principal shall personally reduce it to written form within 24

hours and forward it to the Human Rights Officer. Failure to

forward any harassment or violence report or complaint as

provided herein will result in disciplinary action against the

principal. If the complaint involves the building principal, the

complaint shall be made or filed directly with the

Superintendent or the School District Human Rights Officer by

the reporting party or complainant.

B. In the District. The School Board hereby designates

____________ as the School District Human Rights Officer(s)

to receive reports or complaints of religious, racial or sexual

harassment or violence. If the complaint involves a Human

Rights Officer, the complaint shall be filed directly with the

Superintendent. (In some School Districts the Superintendent

may be the Human Rights Officer. If so, an alternative individual

should be designated by the School Board.)

The School District shall conspicuously post the name of the

Human Rights Officer(s), including mailing addresses and

telephone numbers.

C. Submission of a good faith complaint or report of

religious, racial or sexual harassment or violence will not affect

the complainant or reporter’s future employment, grades or

work assignments.

D. Use of formal reporting forms is not mandatory.

E. The School District will respect the privacy of the

complainant, the individual(s) against whom the complaint is

filed, and the witnesses as much as possible, consistent with

the School District’s legal obligations to investigate, to take

appropriate action, and to conform with any discovery or

disclosure obligations.

IV. INVESTIGATION

By authority of the School District, the Human Rights Officer,

upon receipt of a report or complaint alleging religious, racial

or sexual harassment or violence, shall immediately undertake

or authorize an investigation. The investigation may be

conducted by School District officials or by a third party

designated by the School District.

The investigation may consist of personal interviews with

the complainant, the individual(s) against whom the complaint

is filed, and others who may have knowledge of the alleged

incident(s) or circumstances giving rise to the complaint. The

investigation may also consist of any other methods and

documents deemed pertinent by the investigator.

In determining whether alleged conduct constitutes a

violation of this policy, the School District should consider the

surrounding circumstances, the nature of the behavior, past

incidents or past or continuing patterns of behavior, the

relationships between the parties involved and the context in

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A: Sample Policies

which the alleged incidents occurred. Whether a particular

action or incident constitutes a violation of this policy requires a

determination based on all the facts and surrounding

circumstances.

In addition, the School District may take immediate steps, at

its discretion, to protect the complainant, pupils, teachers,

administrators or other school personnel pending completion of

an investigation of alleged religious, racial or sexual harassment

or violence.

The investigation will be completed as soon as practicable.

The School District Human Rights Officer shall make a written

report to the Superintendent upon completion of the

investigation. If the complaint involves the Superintendent, the

report may be filed directly with the School Board. The report

shall include a determination of whether the allegations have

been substantiated as factual and whether they appear to be

violations of this policy.

V. SCHOOL DISTRICT ACTION

A. Upon receipt of a report, the School District will take

appropriate action. Such action may include, but is not limited

to: warning, suspension, exclusion, expulsion, transfer,

remediation, termination or discharge. School District action

taken for violation of this policy will be consistent with

requirements of applicable collective bargaining agreements,

Minnesota and federal law and School District policies.

B. The result of the School District’s investigation of each

complaint filed under these procedures will be reported in

writing to the complainant by the School District in accordance

with state and federal law regarding data or records privacy.

VI. REPRISAL

The School District will discipline or take appropriate action

against any pupil, teacher, administrator or other school

personnel who retaliates against any person who reports alleged

religious, racial or sexual harassment or violence or any person

who testifies, assists or participates in an investigation, or who

testifies, assists or participates in a proceeding or hearing

relating to such harassment or violence. Retaliation includes,

but is not limited to, any form of intimidation, reprisal or

harassment.

VII. RIGHT TO ALTERNATIVE COMPLAINT

PROCEDURES

These procedures do not deny the right of any individual to

pursue other avenues of recourse which may include filing

charges with the Minnesota Department of Human Rights,

initiating civil action or seeking redress under state criminal

statutes and/or federal law.

VIII. HARASSMENT OR VIOLENCE AS ABUSE

Under certain circumstances, alleged harassment or violence

may also be possible abuse under Minnesota law. If so, the

duties of mandatory reporting under Minnesota Statutes Section

626.556 may be applicable.

Nothing in this policy will prohibit the School District from

taking immediate action to protect victims of alleged

harassment, violence or abuse.

IX. DISSEMINATION OF POLICY AND TRAINING

A. This policy shall be conspicuously posted throughout

each school building in areas accessible to pupils and staff

members.

B. This policy shall appear in the student handbook.

C. The School District will develop a method of discussing

this policy with students and employees.

D. This policy shall be reviewed at least annually for

compliance with state and federal law.

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INDEPENDENT SCHOOL DISTRICT NO.___

RELIGIOUS, RACIAL OR SEXUAL HARASSMENT

AND VIOLENCE REPORT FORM

General Statement of Policy Prohibiting Religious, Racial or

Sexual Harassment

Independent School District No.___ maintains a firm policy

prohibiting all forms of discrimination. Religious, racial or

sexual harassment or violence against students or employees is

discrimination. All persons are to be treated with respect and

dignity. Sexual violence, sexual advances or other forms of

religious, racial or sexual harassment by any pupil, teacher,

administrator or other school personnel, which create an

intimidating, hostile or offensive environment will not be

tolerated under any circumstances.

Complainant_______________________________________

Home

Address__________________________________________

Work

Address__________________________________________

Home Phone_______________________________________

Work Phone_______________________________________

Date of Alleged

Incident(s)________________________________________

Circle as appropriate: sexual racial religious.

Name of person you believe harassed or was violent toward you

or another person.

_________________________________________________

_________________________________________________

If the alleged harassment or violence was toward another

person, identify that

person.___________________________________________

Describe the incident(s) as clearly as possible, including such

things as: what force, if any, was used, any verbal statements

(i.e. threats, requests, demands, etc.); what, if any, physical

contact was involved, etc. (Attach additional pages if

necessary.)

___________________________________________________

___________________________________________________

________________________________________________________

Where and when did the incident(s) occur?

___________________________________________________________________

____________________________________________________________________________

List any witnesses who were present.

___________________________________________________

_____________________________________________________________________________

This complaint is filed based on my honest belief that

__________________ has harassed or has been violent to me

or to another person. I hereby certify that the information I

have provided in this complaint is true, correct and complete

to the best of my knowledge and belief.

________________________________________________

(Complainant Signature) (Date)

Received by ____________________________ (Date)

*** ATTENTION ***

DISTRICT ______ POLICY AGAINST RELIGIOUS,

RACIAL AND SEXUAL HARASSMENT AND

VIOLENCE

1. Everyone at District _____ has a right to feel respected

and safe. Consequently, we want you to know about our policy

to prevent religious, racial or sexual harassment and violence of

any kind.

2. A harasser may be a student or an adult. Harassment

may include the following when related to religion, race, sex or

gender:

a. name calling, jokes or rumors;

b. pulling on clothing;

c. graffiti;

d. notes or cartoons;

e. unwelcome touching of a person or clothing;

f. offensive or graphic posters or book covers; or

g. any words or actions that make you feel uncomfortable,

embarrass you, hurt your feelings or make you feel bad.

3. If any words or action make you feel uncomfortable or

fearful, you need to tell a teacher, counselor, the principal or the

Human Rights Officer, ___________________________

4. You may also make a written report. It should be given to

a teacher, counselor, the principal or the Human Rights Officer.

5. Your right to privacy will be respected as much as

possible.

6. We take seriously all reports of religious, racial or sexual

harassment or violence and will take all appropriate actions

based on your report.

7. The School District will also take action if anyone tries to

intimidate you or take action to harm you because you have

reported.

8. This is a summary of the School District policy against

religious, racial and sexual harassment and violence. Complete

policies are available in the _______________ office upon

request.

RELIGIOUS. RACIAL AND SEXUAL HARASSMENT AND

VIOLENCE ARE AGAINST THE LAW.

DISCRIMINATION IS AGAINST THE LAW.

CONTACT: _________________________

HUMAN RIGHTS OFFICER

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Appendix A: Sample School Policies 67

MODEL ANTI-HARASSMENT POLICY **

A: Sample Policies

General Statement of Policy

The _____________ Supervisory Union and/or School

District is committed to providing all students with a safe and

supportive school environment. Members of the school

community are expected to treat each other with mutual respect

[and to accept the rich diversity which makes up the

community. Disrespect among members of the school

community is unacceptable behavior which threatens to disrupt

the learning environment and decrease self-esteem.]

Harassment is a form of unlawful discrimination as well as

disrespectful behavior which will not be tolerated.

 It is hereby the policy of the ______________ Supervisory

Union/School District to oppose and prohibit, without

qualification, unlawful harassment based on race, color, religion

(creed), national origin, marital status, sex, sexual orientation,

or disability.

 Any unlawful harassment of a student by a member of the

school community is a violation of this policy.

 The _________________ Supervisory Union/School

District shall act to investigate all complaints of harassment,

either formal or informal, verbal or written, and to discipline or

take other appropriate action against any member of the school

community who is found to have violated this policy.

Definitions

School community includes but is not limited to all students,

school employees, contractors, unpaid volunteers and other

visitors.

School Employee includes but is not limited to all teachers,

support staff, administrators, bus drivers, custodians, cafeteria

workers, coaches, school board members and agents of the

school.

Unlawful Harassment means verbal or physical conduct

based on a student’s actual or perceived race, religion (creed),

color, national origin, marital status, sex, sexual orientation or

disability and which has the purpose or effect of substantially

interfering with a student’s educational performance or creating

an intimidating, hostile or offensive environment. Vermont

Statutes, Title 16, Section 11(a)(26).

 Harassment can include any unwelcome verbal, written or

physical conduct which offends, denigrates, or belittles any

individual because of any of the characteristics described

above. Such conduct includes, but is not limited to unsolicited

derogatory remarks, jokes, demeaning comments or behavior,

slurs, mimicking, name calling, graffiti, innuendo, gestures,

physical contact, stalking, threatening, bullying, extorting or

the display or circulation of written materials or pictures.

These apply to all of the characteristics listed above. For more

specific examples, see page 3 of this policy.

** [Italics and brackets indicate language that is not required but is recommended as best practice]

Vermont Model Anti-Harassment

Policy

Prepared by the

State Department of Education

MEMORANDUM

Date: January 19. 1995

From: Richard P. Mills, Commissioner

To: All Superintendents and Principals of Public and

Independent Schools

Subject: Anti-Harassment Policies and Procedures

As you may recall, the 1994 Legislature enacted S-313, a bill

that requires that all school districts and independent schools to

have anti-harassment policies and procedures in place by

August 1, 1995.

In conjunction with the Vermont Human Rights Commission

and the Governor’s Commission on Women, my colleagues

have drafted a model policy and set of procedures for you to

consider for adoption by your respective boards. This model

was developed with the assistance of educational and

community leaders from around Vermont. I am proud of the

product of this collaboration and am providing you a copy of

that work as an attachment. I also want to publicly thank Sara

Lee and Susan Egerton-Donnon, Governors Commission on

Women, and Susan Sussman, Vermont Human Rights

Commission, for their time and assistance to this project.

You are not required to adopt this model policy. You are

required to adopt a policy that meets the statutory requirements

by the above deadline. You may craft your own or adopt a

model that meets your needs. There are other examples of

model policies and procedures for your consideration. [e.g.

the Vermont School Boards Association, in conjunction with

other members of the Vermont Education Coalition, has

developed a policy that you may want to consider.]

Please note that there are no specific training requirements

in the procedures. However, the procedures include the

statutory requirement that boards develop and initiate

age-appropriate programs to effectively inform students and

staff of the substance of the policy and procedures. I also

strongly suggest that, at a minimum, the persons who will deal

with the complaints receive training in cultural diversity,

investigation techniques and the statutory requirements. My

colleagues will be developing a list of training and funding

sources to assist you.

Whatever model you use, I recommend that you involve all

the members of your educational community in the discussions

concerning wording and adoption. All parents, teachers,

students and other community members have a stake in

maintaining a safe, harassment-free school environment.

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68 Protecting Students from Harassment and Hate Crime

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Sexual Harassment means unwelcome sexual advances,

requests for sexual favors and other verbal or physical conduct

of a sexual nature when:

 (A) Submission to that conduct is made either explicitly

or implicitly a term or condition of a student’s education.

 (B) Submission to or rejection of such conduct by a

student is used as a component of the basis for decisions

affecting that student.

 (C) The conduct has the purpose or effect of substantially

interfering with a student‘s educational performance or creating

an intimidating, hostile or offensive educational environment.

Vermont Statutes, Title 16, Section 11(a)(26).

 This applies whether the harassment is between people of

the same or different gender. Sexual harassment can include

unwelcome verbal, written or physical conduct, directed at or

related to a person’s gender, such as sexual gossip or personal

comments of a sexual nature, sexually suggestive or foul

language, sexual jokes, whistling, spreading rumors or lies of a

sexual nature about someone, demanding sexual favors, forcing

sexual activity by threat of punishment or offer of educational

reward, obscene graffiti, display or sending of pornographic

pictures or objects, offensive, touching, pinching, grabbing,

kissing or hugging or restraining someone’s movement in a

sexual way.

Additional examples of specific types of prohibited

harassment are listed below.

Racial and Color Harassment

Racial or color harassment can include unwelcome verbal,

written or physical conduct, directed at the characteristics of a

person’s race or color, such as nicknames emphasizing

stereotypes, racial slurs, comments on manner of speaking, and

negative references to racial customs.

Religious (Creed) Harassment

Harassment on the basis of religion or creed is unwelcome

verbal, written or physical conduct, directed at the

characteristics of a person’s religion or creed, such as

derogatory comments regarding surnames, religious tradition,

or religious clothing, or religious slurs, or graffiti.

National Origin Harassment

Harassment on the basis of national origin is unwelcome verbal,

written or physical conduct, directed at the characteristics of a

person’s national origin, such as negative comments regarding

surnames, manner of speaking, customs, language, or ethnic

slurs.

Marital Status Harassment

Harassment on the basis of marital status is unwelcome

verbal, written or physical conduct, directed at the

characteristics of a person’s marital status, such as comments

regarding pregnancy or being an unwed mother or father.

Sexual Orientation Harassment

Harassment on the basis of sexual orientation is unwelcome

verbal, written or physical conduct, directed at the

characteristics of a person’s sexual orientation, such as negative

name calling and imitating mannerisms.

Disability Harassment

Disability harassment includes harassment based on a person’s

disabling mental or physical condition and includes any

unwelcome verbal, written or physical conduct, directed at the

characteristics of a person’s disabling condition, such as

imitating manner of speech or movement, or interference with

necessary equipment.

Retaliation

It is a separate and distinct violation of this policy for any

member of the school community to retaliate against any

person who reports alleged harassment or against any person

who testifies, assists or participates in an investigation,

proceeding or hearing relating to such harassment. It is

possible that an alleged harasser may be found to have violated

this anti-retaliation provision even if the underlying complaint of

harassment is not found to be a violation of this policy.

Retaliation includes, but is not limited to any form of

intimidation, reprisal or harassment and may be redressed

through application of the same reporting, investigation, and

enforcement procedures as for harassment. [In addition, a

person who knowingly makes a false report may be subject to

the same action that the Supervisory Union and/or School

District may take against any other individual who violates this

policy. The term “false report” refers only to those made in bad

faith and does not include a complaint that could not be

corroborated or which did not rise to the level of unlawful

harassment.]

Consequences

Any school employee or student that is found to have violated

this policy may be subject to action including, but not limited to,

warning, remedial training, education or counseling,

suspension, exclusion, expulsion, transfer, termination or

discharge.

** RECOMMENDED PROCEDURES FOR

IMPLEMENTATION OF MODEL ANTI-HARASSMENT

POLICY

Reporting

Any school employee who observes, overhears or otherwise

witnesses harassment, which may be unlawful, or to whom

such harassment is reported, must take prompt and appropriate

action to stop the harassment and to prevent its reoccurrence. A

written report of the incident and the action taken by the school

employee in response to it must also be given to the

appropriate Supervisory Union/School District/harassment

complaint official designated to oversee the handling of

harassment complaints.

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A: Sample Policies

In the event that the school employee is unable to personally

take prompt and appropriate action, the employee must report

the incident or complaint in writing to the appropriate

Supervisory Union/School District/harassment complaint

official(s) designated by this policy.

Any student or other person who believes that unlawful

harassment of a student has occurred may inform any school

employee or one of the harassment complaint officials.

Any student who believes that s/he has been the target of

unlawful harassment as defined in this policy may bring their

complaint to the attention of any school employee or the

harassment complaint official. Any student who believes that

any corrective action taken by a school employee was

ineffective may bring their complaint to the attention of the

harassment complaint official. The complaint may be made

either orally or in writing. The following are the harassment

complaint officials:

____________________________ (name)

 ____________________________ (title)

____________________________ (name)

____________________________ (title)

 If one of the harassment complaint officials is the person

alleged to be engaged in the harassment, the complaint shall be

filed with one of the alternative officials or any other school

employee the student chooses.

 ** [ Italics and brackets indicate language that is not

required but is recommended as best practice ]

[Process

Informal Procedure

It may be possible to resolve a complaint through a

voluntary conversation between the complaining student and

the alleged harasser which is facilitated by a school employee or

by a designated harassment complaint official. If the

complaining student or alleged harasser is a student under the

age of 18, the harassment complaint official should notify the

student’s parent(s)/guardian(s) if, after initial consultation with

the student, it is determined to be in the best interests of the

student. Both the complaining student and the alleged harasser

may be accompanied by a person of their choice for support

and guidance. If the complaining student and the alleged

harasser feel that a resolution has been achieved, then the

conversation may remain confidential and no further action

needs to be taken. The results of an informal resolution shall be

reported by the facilitator, in writing, to the Superintendent and

to the School Principal.

If the complaining student, the alleged harasser, or the

school employee/harassment complaint official, chooses not to

utilize the informal procedure, or feels that the informal

procedure is inadequate or has been unsuccessful, s/he may

proceed to the formal procedure. Any complaint against a

school employee shall be handled through the formal

procedure.

Formal Procedure

Step 1

The harassment complaint official shall fill out a harassment

complaint form based on the written or verbal allegations of the

complaining student. This complaint form shall be kept in a

centralized and secure location.

 A) The complaint form shall detail the facts and

circumstances of the incident or pattern of behavior.

 B) If a student under 18 years of age is involved, his/her

parents shall be notified immediately unless, after consultation

with the student, it is determined not to be in the best

interests of the student.

 C) An investigation shall be completed by the

harassment complaint official within 14 calendar days from the

date of the complaint or report.

Step 2

The investigation may consist of personal interviews with

the complaining student, the alleged harasser and any other

individuals who may have knowledge of the alleged incident(s)

or circumstances giving rise to the complaint. In determining

whether alleged conduct constitutes a violation of this policy,

the harassment complaint official should consider the

surrounding circumstances, any relevant documents, the nature

of the behavior, past incidents or past or continuing patterns of

behavior, the relationships between the parties involved and the

context in which the alleged incidents occurred. Whether a

particular action or incident constitutes a violation of this policy

requires a determination based on all the facts and surrounding

circumstances.

In addition, the ____________ Supervisory Union and/or

School District may take immediate steps, at its discretion, to

protect the complaining student, alleged harasser, witnesses,

and school employees pending completion of an investigation of

alleged harassment and may make any appropriate referrals for

assistance, including but not limited to counseling, rape crisis

intervention, etc.

The investigation will be completed as soon as practicable,

but no later than fourteen (14) calendar days from the complaint

or report. The harassment complaint official shall make a

written report to the Superintendent and the School Principal

upon completion of the investigation. The report shall include a

determination as to whether the allegations have been

substantiated as factual and whether they appear to be

violations of this policy.

Step 3

Following the investigation, the harassment complaint

official shall recommend to the Superintendent and/or School

Principal what action, if any, is required. The Supervisory Union

and/or School District shall take appropriate action in all cases

where the harassment complaint official concludes that this

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70 Protecting Students from Harassment and Hate Crime

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policy has been violated.. Any person who is determined to

have violated this policy shall be subject to action, including

but not limited to, warning, exclusion, suspension, expulsion,

transfer, termination, discharge or any other remedial action,

including but not limited to, training, education, or counseling.

Action taken for violation of this policy shall be consistent with

the requirements of any applicable collective bargaining

agreement, Supervisory Union and/or School District policy,

state and federal law, including but not limited to the due

process protections for students with disabilities.

Step 4

The Superintendent and/or School Principal shall maintain

the written report of the investigation and results in his/her

office. In the case of an investigation conducted by a school

district, the Superintendent shall receive a copy of the

investigation report and results. If the harassment complaint

official concludes that the policy has been violated by a

professional educator or administrator, a report of the findings

shall be filed with the Licensing Office of the Vermont

Department of Education.

The complaining student and the alleged harasser shall be

informed of the results of the investigation, including whether

the allegations were found to be factual, whether there was a

violation of the policy, and whether disciplinary action was or

will be taken.]

 [* * * Reporting of potential physical and/or sexual abuse

Several behaviors listed as sexual harassment (i.e., sexual

touching, grabbing, pinching, being forced to kiss someone,

being forced to do something other than kissing, sexual

assault) may also constitute physical or sexual abuse. Sexual

abuse is defined as any act or acts by any person involving

sexual molestation or exploitation of a child, including but not

limited to incest, prostitution, rape, sodomy or any lewd or

lascivious conduct involving a child. Thus, under certain

circumstances, alleged harassment may also be possible

physical and/or sexual abuse under Vermont law. Such

harassment or abuse is subject to the duties of mandatory

reporting and must be reported to the Department of Social

and Rehabilitation Services (SRS) within 24 hours of the time

the educator becomes aware of the suspected abuse. Vermont

Statutes, Title 33, Section 4911 et seq.] * * * (While not

absolutely required by the statute, recent events and an

Attorney General’s Opinion lead us to recommend that

something like this paragraph be included in the procedures.)

[Confidentiality

The _______________ Supervisory Union and/or School

District recognizes that both the complaining student and the

alleged harasser have strong interests in maintaining the

confidentiality of the allegations and related information. The

privacy of the complaining student, the individual(s) against

whom the complaint is filed, and the witnesses will be

respected as much as possible, consistent with legal

obligations to investigate, to take appropriate action, and to

comply with any discovery or disclosure obligations.]

Alternative Complaint Procedures

In addition to, or instead of, filing a harassment complaint

through this policy, a person may choose to exercise other

options, including but not limited to filing a complaint with

outside agencies or filing a private lawsuit.

Outside Agencies

A charge of harassment may also be investigated by the

Vermont Human Rights Commission, [the Vermont Department

of Education,] or the Office for Civil Rights of the U.S.

Department of Education which may be contacted as follows:

Office for Civil Rights, U.S. Department of Education, Region 1

McCormack Post Office and Courthouse

Room 222, Post Office Square

Boston, MA 02109-4557

(617) 223-9662

Vermont Human Rights Commission

135 State Street (2nd Floor)

Drawer 33

Montpelier, VT 05633-1201

(802) 828-2480

[Vermont Department of Education

120 State Street

Montpelier, VT 05620-2501

(802) 828-3135]

[Litigation

A student who has been harassed may file a lawsuit under a

number of federal or state statutes (including Titles IV, VI, and

IX of the federal Civil Rights Act of 1964, the Rehabilitation Act

of 1973 and the Vermont Public Accommodations Act). He or

she or his/her parent should consult with a private attorney

about these rights and options.]

Notice and Publication

The School Board shall provide notice of the policy and

procedures to students, custodial parents or guardians and

school employees. Notice to students shall be in

age-appropriate language and should include examples of

harassment. At a minimum, the policy shall be conspicuously

posted throughout each school building in areas accessible to

all members of the school community. The notice shall also

appear in the school handbook and any other publication of the

school district that sets forth the comprehensive rules,

procedures and standards of conduct for the school. There shall

be procedures for publicizing, on an annual basis, the identity of

the harassment complaint officials who are designated to

receive complaints. The board shall use its discretion in

developing and initiating age-appropriate programs to

effectively inform students and school employees about the

substance of the policy and procedures in order to help prevent

harassment.

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Rules of the West Virginia Board

of Education

Executive Summary

Policy 2421

Racial, Sexual, Religious/Ethnic

Harassment and Violence Policy

Public Comment Period Ended: November 15, 1996

Adopted: December 12, 1996

Background:

Incidents of harassment against students and in some cases

against school personnel seem to be increasing. Student

performance in school can be adversely affected when

harassment of any kind is present. School staff should also be

protected from any form of harassment. Educational

institutions should play a significant role in the process of

eliminating all types of harassment. In 1994, the U.S. Office of

Civil Rights recognized the commonalities of sexual and racial/

ethnic harassment and in 1992 the Supreme Court (Franklin

vs. Gwinnett County) held school districts legally responsible

for protecting students from sexual harassment by their staff

members. Schools also have a moral and legal responsibility

to prevent student to student harassment which occurs more

often.

Purpose:

The purpose of these regulations is to assure that neither

students nor staff are subjected to racial, sexual or religious/

ethnic harassment or violence, to outline prevention programs

and reporting procedures and to delineate penalties for

violations of this policy. It is the intent of the West Virginia

Board of Education to assure that the learning and working

environment is free from any type of harassment or violence.

Contents:

This policy defines harassment and violence, outlines reporting

procedures and requires the development of prevention

programs.

Comments:

The policy has been on public comment since September

1996. Approximately 30 individuals submitted comments and

extensive suggested changes or additions were made by the

West Virginia Human Rights Commission. Most of the

comments were requesting that the Department of Education

develop examples of local policies and assist in staff

development. The Human Rights Commission comments

suggested that county boards of education should be

encouraged to involve community agencies in local policy

development and prevention programs. These suggested

changes have been made in the revised policy.

Impact:

Each county board of education, RESA and the state department

of education will need to develop: a harassment prevention plan;

a reporting and investigation system; and a system to assess

the effectiveness of their efforts. In addition, each must develop

an education program to explain the policies and procedures

and to increase sensitivity and awareness of other races,

cultures and religions as well as to help students and staff

become more responsible in their behavior toward others.

December 16, 1996

126 CSR 18

LEGISLATIVE RULES

BOARD OF EDUCATION

RACIAL, SEXUAL, RELIGIOUS/ETHNIC

HARASSMENT AND VIOLENCE POLICY (2421)

§126-18-1. General.

1.1. Scope. This rule sets the requirements for schools in

West Virginia to be harassment and violence free.

1.2. Authority. West Virginia Constitution, Art XII §2 and West

Virginia Code 18-2-5, 18-2-5a, and 18-2-7b.

1.3. Filing Date. December 16, 1996

1.4. Effective Date. January 16, 1997

1.5. Repeal of former rule — None

§126-18-2. Purpose.

2.1. The purpose of these regulations is to prevent racial,

sexual or religious/ethnic harassment or violence toward

students and staff, to protect the academic environment, and

to assure that our educational institutions respond to

harassment and/or violence incidents when they occur in a

manner that effectively deters future incidents and affirms

respect for individuals. These regulations require county

boards to design and implement prevention and response

programs, to outline investigatory and reporting procedures

and to delineate penalties for violations of this policy. To the

extent possible, county boards will collaborate with other state

and local agencies in carrying out the purpose of this rule. It is

the intent of the State Board to ensure that the learning and

working environments are free from any type of harassment

or violence.

§126-18-3. Application.

3.1. These regulations apply to any student, staff member or

member of the public during any school related activity or

during any education sponsored event whether in a building or

other property used or operated by a county board of

education, RESA or state department of education or in

another facility being used by any of those agencies. The term

“staff members,” as used in these regulations, shall encompass

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72 Protecting Students from Harassment and Hate Crime

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all employees of the county board of education or other

applicable local agency or facility.

3.2. No student, staff member or member of the public, during

any school related activity or during any education sponsored

event, whether in a building or other property used or operated

by a county board of education, RESA or the West Virginia

Department of Education or in another facility being used by any

of those agencies, shall engage in sexual, racial or ethnic/

religious harassment or violence. Persons found to have

violated this prohibition shall be subject to the penalties in

Section 8.1.

3.3. Amorous relationships between staff members and

students are prohibited, and staff members found to have

violated this prohibition shall be subject to the penalties outlined

in Section 8.1.

§126-18-4. Definitions.

4.1. Sexual Harassment - Sexual harassment consists of

unwelcome sexual advances, requests for sexual favors,

sexually motivated physical conduct or other verbal or physical

conduct or communication of a sexual nature when:

4.1.1. submission to the conduct or communication is made a

term or condition, either explicitly or implicitly, of obtaining or

retaining employment, or of obtaining an education; or

4.1.2. submission to or rejection of that conduct or

communication by an individual is used as a factor in decisions

affecting that individual’s employment or education;

4.1.3. that conduct or communication has the purpose or effect

of substantially or unreasonably interfering with an individual’s

employment or education; or creating an intimidating, hostile or

offensive employment or educational environment.

4.1.4. sexual harassment may include, but is not limited to:

a. unwelcome verbal harassment of a sexual nature or abuse;

b. unwelcome pressure for sexual activity;

c. unwelcome, sexually motivated or inappropriate patting,

pinching or physical contact;

d. unwelcome sexual behavior or words, including demands for

sexual favors, accompanied by implied or overt threats

concerning an individual’s employment or educational status;

e. unwelcome sexual behavior or words, including demands for

sexual favors, accompanied by implied or overt promises of

preferential treatment with regard to an individual’s employment

or educational status;

f. unwelcome behavior, verbal or written words or symbols

directed at an individual because of gender;

g. the use of authority to emphasize the sexuality of a student

in a manner that prevents or impairs that student’s full

enjoyment of educational benefits, climate or opportunities.

4.2. Racial Harassment - Racial harassment consists of

physical, verbal or written conduct relating to an individual’s

race when the conduct:

4.2.1. has the purpose or effect of creating an intimidating,

hostile or offensive working or academic environment;

4.2.2. has the purpose or effect of substantially or unreasonably

interfering with an individual’s work or academic performance;

or

4.2.3. otherwise adversely affects an individual’s employment

or academic opportunities.

4.3. Religious/Ethnic Harassment - Religious/ethnic harassment

consists of physical, verbal or written conduct which is related

to an individual’s religion or ethnic background when the

conduct:

4.3.1. has the purpose or effect of creating an intimidating,

hostile or offensive working or academic environment;

4.3.2. has the purpose or effect of substantially or unreasonably

interfering with an individual’s work or academic performance;

or

4.3.3. otherwise adversely affects an individual’s employment

or academic opportunities.

4.4. Sexual Violence - Sexual violence is a physical act of

aggression or force or the threat thereof which involves the

touching of another’s intimate parts, or forcing a person to

touch any person’s intimate parts. Intimate parts include the

primary genital area, groin, inner thigh, buttocks or breast, as

well as the clothing covering these areas.

4.4.1. sexual violence may include, but is not limited to:

a. touching, patting, grabbing or pinching another person’s

intimate parts, whether that person is of the same sex or the

opposite sex;

b. coercing, forcing or attempting to coerce or force the

touching of anyone’s intimate parts;

c. coercing, forcing or attempting to coerce or force sexual

intercourse or a sexual act on another; or

d. threatening to force or coerce sexual acts, including the

touching of intimate parts or intercourse, on another;

e. threatening or forcing exposure of intimate apparel or body

parts by removal of clothing.

4.5. Racial Violence - Racial violence is a physical act of

aggression or assault upon another because of, or in a manner

reasonably related to, race.

4.6. Religious/Ethnic Violence - Religious/ethnic violence is a

physical act of aggression or assault upon another because of,

or in a manner reasonably related to, religion or ethnicity.

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4.7. Assault - Assault is:

4.7.1. an act done with intent to cause fear in another of

immediate bodily harm or death;

4.7.2. the threat to do bodily harm to another with present

ability to carry out the threat.

§126-18-5. Planning by Local Boards of Education.

5.1. County boards of education, RESAs and the West Virginia

Board of Education shall develop a plan or plans for the

implementation of this policy. These plans shall reflect the

particular needs of students to study and learn in an

environment free from harassment and violence and the

particular needs of staff members to work in an environment

free from harassment and violence. To the maximum extent

possible, these plans shall be developed collaboratively with

state and local agencies that share the purposes of this policy.

§126-18-6. Complaint Procedures.

6.1. County boards of education, RESAs and the state

department of education shall develop procedures to assure that

any person who believes he or she has been the victim of

religious/ethnic, racial or sexual harassment or violence by a

pupil, teacher, administrator or other school personnel of the

county board of education, or any person with knowledge or

belief of conduct which may constitute religious/ethnic, racial or

sexual harassment or violence toward a pupil, teacher,

administrator or other school personnel has an identified

mechanism to report the alleged acts immediately to an

appropriate official designated by the agency’s policy. Nothing in

this policy shall prevent any person from reporting harassment

or violence directly to the county superintendent, RESA

executive director or the state superintendent, as appropriate, or

to the West Virginia Human Rights Commission, or to a law

enforcement agency.

6.2. County Boards of Education, RESAs and the West Virginia

Department of Education shall develop appropriate procedures

for investigating, reporting, and responding to violations of this

policy in a manner that promotes understanding and respect.

The West Virginia Department of Education shall provide each

agency with a list of resources to assist in developing these

procedures.

6.3. All alleged incidents of harassment or violence observed by

faculty or staff must be reported to the designated investigator

and appropriate action should be taken as specified in §126-18-

7 and §126-18-8.

6.4. Under certain circumstances, sexual harassment may

constitute child and/or sexual abuse under Chapter 49 of the West

Virginia Code. In such situations, the county board of education

shall comply with the provisions of law for reporting such abuse.

§126-18-7. Investigation.

7.1. The individual(s) designated by the policy to investigate

shall, upon receipt of a report or complaint alleging religious/

ethnic, racial or sexual harassment or violence, immediately

undertake or authorize an investigation. The investigation may

be conducted by agency officials or by a third party designated

by the agency in accordance with this policy and the plan

developed pursuant to Section 126-18-5.

7.2. The investigation must at a minimum consist of personal

interviews with the complainant, the individual(s) against whom

the complaint is filed, and others who may have knowledge of

the alleged incident(s) or circumstances giving rise to the

complaint. The investigation may also consist of any other

methods and review of circumstances deemed pertinent by the

investigator.

7.3. The agency shall determine whether the alleged conduct

constitutes a violation of this policy.

7.4. In determining the appropriate response and/or

punishment, the agency should consider the surrounding

circumstances, the nature of the behavior, past incidents or past

or continuing patterns of behavior, the relationships between the

parties involved and the context in which the alleged incidents

occurred. Whether a particular action or incident constitutes a

violation of this policy requires a determination based on all the

facts and surrounding circumstances.

7.5. The agency may take immediate steps, at its discretion, to

protect the complainant, pupils, teachers, administrators or

other personnel pending completion of an investigation of

alleged religious/ethnic, racial or sexual harassment or violence.

7.6 The investigation will be completed as soon as practicable.

The investigator shall make a written report to the head of the

agency upon completion of the investigation. If the complaint

involves the head of the agency, the report may be flied directly

with the agency’s governing board. The report shall include a

determination of whether the allegations have been

substantiated as factual and whether they appear to be

violations of this policy.

7.7. The result of the investigation of each complaint filed under

these procedures will be reported in writing to the complainant

or his/her legal guardian by the head of the agency, or, if the

head of the agency is the subject of the complaint, by the

president of the agency’s governing board.

7.8. Confidentiality of the filing of complaints, the identity of

subjects and witnesses of any complaint and of any action taken

as a result of such complaint is essential to the effectiveness of

this policy. Only those individuals necessary for the

investigation and resolution of the complaint shall be given

information about it. Therefore, the right of confidentiality of

complainants, subjects, witnesses, and investigators will be

vigorously protected and violations of such confidentiality may

itself be grounds for disciplinary action.

§ 126-18-8. Agency Action and Reporting.

8.1. Upon receipt of a report substantiated by the investigation,

the head of the agency or the agency’s governing board will take

appropriate action against those found to have violated this

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74 Protecting Students from Harassment and Hate Crime

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policy. Such action may include, but is not limited to, warning,

suspension, exclusion, expulsion, termination and revocation of

licensure.

8.2. The head of the agency or the agency’s governing board

shall also initiate such other action as is appropriate to ease

tensions and to affirm the values of respect and understanding,

in accordance with the agency’s plan developed pursuant to

§126-18-5.

8.3. The head of the agency shall immediately file a report with

the West Virginia Department of Education of all reports of

harassment or violence when investigation shows that

harassment or violence did occur and all action taken in

response to the incident.

§126-18-9. Reprisal.

9.1. The agency will develop discipline procedures to take

appropriate action against any pupil, teacher, administrator or

other school personnel who retaliates against any person who

reports alleged religious/ethnic, racial or sexual harassment or

violence or any person who testifies, assists or participates in

an investigation, or who testifies, assists or participates in a

proceeding or hearing relating to such harassment or violence.

Retaliation includes, but is not limited to, any form of

intimidation, reprisal or harassment. The agency will develop a

discipline process to take appropriate action against any pupil,

teacher, or administrator or other school personnel who falsely

reports religious/ethnic, racial, or sexual harassment.

§126-18-10. Right to Alternative Complaint Procedures.

10.1. These procedures do not deny the right of any individual

to pursue other avenues of recourse which may include filing

charges with the West Virginia Human Rights Commission,

initiating civil action or seeking redress under the state criminal

statutes and/or federal law.

§126-18-11. Prevention Programs.

11.1. Each agency must develop and implement an education

program for each programmatic level, K-4, 5-8, and 9-12, as

well as a program for all faculty and staff. The programs, at a

minimum, must: raise awareness of the different types of

harassment; how it manifests itself; its devastating emotional

and educational consequences; and its legal consequences. In

addition, multicultural education programs must be developed

and implemented for faculty, staff and students to foster an

attitude of understanding and acceptance of individuals from a

variety of cultural, ethnic, racial and religious backgrounds.

§ 126-18-12. Dissemination of Policy and Training.

12.1. This policy or a summary shall be conspicuously posted

throughout each agency’s facilities in areas accessible to pupils

and staff members.

12.2. This policy shall appear in the student and staff

handbooks, and, if no handbook is available, a copy will be

distributed to all students, faculty, and staff.

12.3. The agency will develop and implement training for

students and staff on these regulations and on means for

effectively promoting the goals of this policy.

12.4. The agency policy shall be reviewed at least bi-annually for

compliance with state and federal law and state board of

education policy.

§126-18-13. Assessment of Effectiveness.

13.1. The West Virginia Department of Education will prepare an

annual report to the West Virginia Board of Education to include:

reported and substantiated incidences of harassment and/or

violence; action taken in response to incidents; training and

staff development offered by the agencies; and agency

reported numbers and types of multicultural education

offerings.

December 16, 1996

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A: Sample Policies

SUGGESTED STUDENT HANDBOOK

POLICY INFORMATION

Racial, Sexual, Religious, Ethnic Harassment and Violence

Policy (Policy 2421)

It is the policy of ________ County Schools that racial, sexual,

religious/ethnic harassment and violence will not be tolerated

under any circumstances. We firmly believe that all persons are

to be treated with respect and dignity. Harassment and violent

incidents will be responded to in a manner that effectively deters

future incidents.

Racial, sexual, religious/ethnic harassment and violence refers

to unwelcome and unwanted behavior related to sex, race,

religion, or ethnic group that makes the recipient feel afraid,

embarrassed, helpless, angry or unsafe or upsets the recipient

to the point that he/she cannot learn, cannot teach or be

effective at school or at his/her job.

Harassment and violence is prohibited between staff members,

between staff members and students, between students, and

from members of the public directed at students or staff on

school property or at school sponsored events. Some examples

of harassment and violence may include, but are not limited

to: unwelcome patting, pinching, or physical contact; obscene

gesturing or calling someone gay; ethnic or racial slurs; or

threats, insults, or assaults against someone due to their sex,

race, religion or ethnic group.

If a staff member or student feels that his/her emotional wellbeing, his/her sense of safety and security or sense of selfworth is being affected by such conduct, a complaint should be

filed by contacting his/her school principal or by calling:

Name of designated investigator(s):

__________________________________________

(county or school determined)

Name of county:

__________________________________________

Phone number:

__________________________________________

A complete copy of the WV Board of Education Policy 2421

may be obtained from the [local]____________Board of

Education by calling ___________________.

_______________COUNTY SCHOOLS

HARASSMENT COMPLAINT FORM

STUDENT COMPLAINT

Name:_____________________________________________

Date:______________________________________________

School:____________________________________________

Who was responsible for the

harassment?_________________________________________

___________________________________________________________________

Describe the

harassment._____________________________________________

______________________________________________________________________________________________________________________________________

(Attach additional pages if necessary)

Date(s), time(s), and place (places) the harassment

occurred.___________________________________________

______________________________________________________________________________________________________________________________________

Were there other individuals involved in the

harassment?__________________

If so, name the individual(s) and what their role

was._______________________________________________

______________________________________________________________________________________________________________________________________

Did anyone witness the harassment?______ If so, name the

witnesses.__________________________________________

___________________________________________________________________

What was your reaction to the harassment?

__________________________________________________

______________________________________________________________________________________________________________________________________

Describe any prior incidents.

__________________________________________________

___________________________________________________________________

Signature of Complainant or Parents/Legal Guardians

___________________________________________________________________

White Copy: School

Yellow Copy: County Office

Pink Copy: Student/Parents Copy

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Archived Information
Appendix A: Sample School Policies 77

MEMORANDUM OF AGREEMENT BETWEEN

A: Sample Policies

EDUCATION AND LAW ENFORCEMENT OFFICIALS CONCERNING SUSPECTED HATE

CRIMES OR BIAS INCIDENTS OCCURRING ON

SCHOOL GROUNDS OR INVOLVING STUDENTS

PREAMBLE

The parties to this Agreement hereby pledge their continuing

commitment to work together to address the evolving problem

of hate crimes and bias incidents, as defined herein, which

may occur on school grounds or which may involve students.

It is the avowed policy of the undersigned parties to treat all

suspected or confirmed hate crimes and bias incidents as

serious matters which deserve a prompt, firm and predictable

response. The parties to this Agreement recognize that one of

the best hopes for deterring this form of anti-social conduct is

to affirm, by word and by deed, that such acts will not be

tolerated. The parties further recognize the need to have in

place clearly defined policies and procedures so that all law

enforcement officers, school administrators and professional

staff members and other employees of the school district will

know what they are expected to do in the event of the

commission of a hate crime or bias incident on school

grounds or involving school-aged children.

The parties further recognize that because the problem of hate

crimes and bias incidents is evolving, it will be necessary

periodically to confer and to refine the policies, procedures

and protocols set forth in this Memorandum of Agreement so

as to remain responsive to emerging threats and so as best to

protect the interests and well being of all school children, other

members of the school community and members of the

community-at-large.

ARTICLE I. STATEMENT OF POLICIES, FINDINGS AND OBJECTIVES.

1. Regrettably, hate crimes and bias incidents occur with

alarming frequency in our society. The communities victimized

by this form of anti-social behavior are gripped by uncertainty,

tension and conflict. Hate crimes and bias incidents, by their

nature, are confrontational, inflame tensions and promote

social hostility. These acts jeopardize the active and open

pursuit of freedom and opportunity. They represent nothing

less than a direct attack upon the racial, religious and ethnic

heritage of our citizens.

2. Recently, the New Jersey Legislature has adopted laws

which make it especially serious crimes for persons to commit

certain predicate offenses where these persons act, at least in

part, with ill will, hatred or bias toward, and with a purpose to

intimidate, an individual or group of individuals because of

race, color, religion, sexual orientation or ethnicity. The parties

to this Agreement recognize that such laws are designed to

punish conduct, not speech. The parties to this Agreement

recognize in this regard that the First Amendment of the

United States Constitution, and its State constitutional

counterpart guarantee freedom of expression, which includes

the right to express bigotry, hatred and ignorance. However, the

Memorandum of Understanding

between New Jersey Education

and Law Enforcement Officials

Concerning Suspected Hate Crimes or

Bias Incidents Occurring on School

Grounds or Involving Students

PREAMBLE 1

ARTICLE I. STATEMENT OF POLICIES, FINDINGS AND

OBJECTIVES 2

ARTICLE II. DEFINITIONS 6

ARTICLE III. REFERRAL PROCEDURES 7

A. Mandatory Referral of Suspected Hate Crimes 7

B. Presumptive Referral of Suspected Bias Incidents 8

C. Nature of Referral 9

D. Concurrent Jurisdiction 9

ARTICLE IV. PRESERVATION OF EVIDENCE 10

ARTICLE V. LAW ENFORCEMENT RESPONSE TO MANDATORY

AND PRESUMPTIVE REFERRALS 11

A. Prompt Response 11

B. Protective Services 12

C. Full Investigation 12

D. Advice as to Bias Incident Investigation Standards &

Juvenile Justice System Practices & Procedures 12

E. Agreement Not to Disrupt School Environment or

Activities 13

F. Notification by Police 13

G. Arrest Protocols 13

ARTICLE VI. VICTIMS SERVICES 14

A. Availability of Services 14

B. Predisposition Impact Statement 14

C. Legal Advice 15

D. Seminars and Public Education Concerning Hate

Crimes and Bias Incidents 15

E. Instruction to Students 15

ARTICLE VII. TRAINING 16

ARTICLE VIII. MAINTENANCE OF THE AGREEMENT 17

A. Revisions 17

B. Interpretation of the Agreement 17

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78 Protecting Students from Harassment and Hate Crime

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parties to this Agreement further recognize that the application

of First Amendment principles is different with respect to

speech or conduct occurring in elementary and secondary

schools. Accordingly, it is well accepted that school

administrators have a legitimate interest in preserving the order

and decorum of schools, and that certain forms of speech,

though otherwise protected under the First Amendment, may

impinge on other student’s rights, may impermissibly disrupt

the orderly operation of a school and thus materially and

substantially interfere with the requirements of appropriate

discipline of a school.

3. Although all hate crimes and bias incidents are serious

matters which deserve prompt attention by appropriate law

enforcement authorities, the parties to this Agreement

recognize that such incidents are especially serious when they

occur on school grounds or involve school-aged children. Hate

crimes and bias incidents by their nature have the great

potential to disrupt the educational environment and thereby

deprive students and educators of their fundamental rights.

4. The parties further recognize that school-aged children are

especially vulnerable to the emotional injury often associated

with the commission of hate crimes and bias incidents. Too

often, such acts may have lasting, negative effects on the

social development of child victims. Moreover, while hate

crimes and bias incidents are likely to provoke a violent

response even when committed against adult victims, the

parties to this Agreement recognize that the potential for

violent retaliation is even greater when such acts are

committed against adolescent victims, who may not yet

possess the social skills or maturity to address their

frustrations and anger without resorting to violence.

5. The parties to this agreement recognize that what may at

first blush appear to be a minor incident can quickly escalate

into an order maintenance problem affecting the public safety.

The parties thus recognize that the effects of a given hate

crime or bias incident may extend well beyond the confines of

school grounds, and may lead, for example, to retaliatory

action taken outside of school grounds or outside normal

operating school hours.

6. The parties to this Agreement further understand the nature

of the so-called “copycat” phenomenon, whereby a given hate

crime or bias incident can lead to the commission of similar

incidents. Experience has shown that the problem is

exacerbated where the official response to a given hate crime or

bias incident is weak or tentative. In essence, the failure to take

stern, prompt and decisive action in response to a hate crime or

bias incident may serve unwittingly to enable or otherwise

encourage the commission of further hate crimes and bias

incidents. The parties further recognize that a prompt response

is essential to defuse a potentially volatile situation, to prevent

further physical or emotional injury, and to assist in the

identification and apprehension of the person or persons who

committed the bias incident or hate crime.

7. In sum, and for all of the foregoing reasons, the parties to

this Agreement affirm their belief that hate crimes and bias

incidents are simply incompatible with the basic educational

mission and the environment of a school.

8. The problem of hate crimes and bias incidents is an

evolving one, and statistics reported by the Attorney General

reveal that the problem is growing. It is at least possible that

this may be the result of a reporting phenomenon, where more

citizens have become more keenly aware of the impact of hate

crimes and bias incidents, and are more willing to report such

acts because they earnestly expect that public officials will

respond appropriately. It is imperative for the undersigned

parties to take such actions as are necessary and appropriate

to ensure and enhance public confidence in the ability and

commitment of government officials to take affirmative actions

in response to these types of offenses.

9. Statistics compiled as part of the Uniform Crime Reporting

System confirm that many hate crimes are committed by

children. Often, these offenders are motivated by ignorance as

much as by hate, and some offenders seem to be attempting

to gain attention to themselves by committing acts which

many of them believe to be little more than childish pranks.

Even so, the parties to this Agreement recognize that such

acts, even if committed out of ignorance more than actual

hate, are hurtful and disruptive, and cannot and will not be

tolerated in this jurisdiction.

10. The parties to this Agreement recognize that we all have a

responsibility to protect the rights and interests of children,

and to ensure their emotional well being. It shall be the

overriding policy established in this Memorandum of

Agreement to provide students with a safe environment, one

which is conducive to learning and which is free of violence,

fear and intimidation.

11. The parties recognize that attendance at school provides

young citizens with what is likely to be their first exposure to

different cultures. Schools provide a natural setting where

young people can learn the social skills which will largely

determine their future attitudes and beliefs, their respect for

the institutions of government, and their tolerance for persons

of different religions, races, colors and ethnic backgrounds.

12. The parties to this Agreement recognize that some biasbased acts committed in schools may warrant a firm and

decisive response even though, technically, such acts are not

crimes and thus do not invoke the limited jurisdiction of the

criminal and juvenile justice systems. The parties recognize in

this regard that the definition of “bias incident,” as set forth

herein, is broader than the definition of “hate crime,” so that

certain bias incidents, though deserving of condemnation,

discipline and remediation, do not constitute hate crimes

which could be prosecuted by police and prosecuting

agencies.

13. Despite the recent adoption of legislation condemning hate

crimes, it is difficult for many people fully to appreciate what it

feels like to be part of an ethnic, racial or religious group which

has been terrorized or subject to this form of purposeful

intimidation.

14. In responding to the evolving problem of hate crimes and

bias incidents, the parties recognize that they must not focus

entirely on responding to those persons who commit these

anti-social or criminal acts; rather, the parties recognize the

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need also to work with the victims of these acts so as to reduce

their trauma, as well as to reduce and redress community

tensions and fears by reaching out to victims and potential

victims.

ARTICLE II. DEFINITIONS.

As used in this Memorandum of Agreement:

“Hate crime” means any suspected or confirmed offense or

unlawful act which is directed at or occurs to a person, private

property, or public property on the basis of race, color,

religion, sexual orientation or ethnicity. An offense is biasbased and thus constitutes a hate crime for the purposes of

this Agreement if the motive for the commission of the offense

or unlawful act is racial, religious, ethnic or pertains to sexual

orientation. The designated bias incident offenses under New

Jersey law are as follows:

1. Murder 11. Criminal Mischief

2. Manslaughter 12. Damage to Property;

Threat of Violence

(N.J.S.A. 2C:33-11)

3. Rape 13. Weapons Offense

4. Robbery 14. Sex offenses (other

 than rape)

5. Aggravated Assault 15. Terroristic Threats

6. Burglary 16. Trespass

7. Larceny-Theft 17. Disorderly Conduct

8. Simple Assault 18. Harassment

9. Fear of Bodily Violence 19. Desecration of Venerated

 (N.J.S.A 2C:33-1O) Objects

10. Arson

“Bias incident” means any suspected or confirmed act which

is directed against or occurs to a person, private property, or

public property on the basis of race, color, religion, sexual

orientation or ethnicity. An act is bias-based and thus

constitutes a bias incident for the purposes of this

Memorandum of Agreement if the motive for the commission

of the act is racial, religious, ethnic or pertains to sexual

orientation. A bias incident need not involve an act which

constitutes an offense.

In order more fully to understand what conduct constitutes a

hate crime or bias incident, the ————- County

Prosecutor’s Office, working in conjunction with the Attorney

General’s Office of Bias Crime and Community Relations, will

develop materials which provide examples of conduct which

constitutes a hate crime or bias incident, as well as materials

which describe the elements of the designated bias incident

offenses under New Jersey law. These materials shall be made

available to persons participating in training programs provided

pursuant to Article VII of this Memorandum of Agreement, and

should be consulted in determining whether a given act

constitutes a hate crime or bias incident. Any questions

concerning whether a given act constitutes a hate crime or bias

incident may be directed to the ————- County Prosecutor’s

Office in accordance with the provisions of Article VI C. of this

Memorandum of Agreement.

ARTICLE III. REFERRAL PROCEDURES.

A. Mandatory Referral of Suspected Hate Crimes.

Whenever any school employee in the course of his or her

employment develops reason to believe that 1) a hate crime or

bias incident has been committed or is about to be committed

on school property or has been or is about to be committed by

any student, whether on or off school property and whether or

not such offense was or is to be committed during operating

school hours, or 2) that a student enrolled in the school has

been or is about to become the victim of a hate crime or bias

incident, whether committed on or off school property or

during operating school hours, the school employee shall

immediately notify the building principal and superintendent,

who in turn shall promptly notify the ————- Police

Department and the Bias Investigation Officer for the

————- County Prosecutor’s Office, provided however that

the building principal or superintendent of schools will

immediately notify the ————- Police Department or the —

———- County Prosecutor’s Office Bias Officer where there is

any reason to believe that an act of violence has been or is

about to be physically committed against a student or there is

otherwise reason to believe that a life has been or will be

threatened.

B. Presumptive Referral of Suspected Bias Incidents.

Whenever any school employee in the course of his or her

employment develops reason to believe that a bias incident

has been committed or is about to be committed on school

property, or has been or is about to be committed by any

student, whether on or off school property and whether or not

such bias incident was or is to be committed during operating

school hours, the school employee should immediately notify

the building principal and superintendent, who in turn should

promptly notify the ———— Police Department.

In deciding whether to refer the matter to the ————-

Police Department or ————— County Prosecutor’s Office,

the principal of the school or his or her designee should

consider the nature and seriousness of the conduct and the

risk that the conduct posed to the health, safety or well-being

of any student, school employee or member of the general

public. The building principal and superintendent should also

consider that the ————— Police Department or the

————— County Prosecutor’s Office may possess or have

access to other information which could put the suspected

bias incident in proper context, could shed light on the

motivation for the act, or may help to identify the person who

committed the suspected bias incident or some other

unsolved hate crime. Furthermore, the building principal and

superintendent should consider the possibility that the

suspected bias incident could escalate or result in some form

of retaliation which might occur within or outside school

property.

C. Nature of Referral

It is understood and agreed that a mandatory or presumptive

referral to the ————— Police Department or —————

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County Prosecutor’s Office pursuant to this Article is only a

request to conduct an investigation and constitutes nothing

more than the transmittal of information which might be

pertinent to any such law enforcement investigation. The parties

understand and agree that a referral pursuant to this Article is

not an accusation or formal charge. Accordingly, it is

understood and agreed that a referral pursuant to this Article

is predicated on the basis of a reasonable suspicion, which is

less than probable cause to believe that a hate crime or bias

incident has been committed, less than the proof sufficient to

sustain an adjudication of delinquency or a finding of guilt in a

court of law, and less than the proof sufficient to justify the

imposition of school discipline. Accordingly, and given the

nature and purpose of a referral, the parties hereby agree and

understand that all doubts should be resolved in favor of

referring a matter to the ————- Police Department or the

————— County Prosecutor’s Office

D. Concurrent Jurisdiction.

Unless the ————— Police Department or the —————

County Prosecutor’s Office requests otherwise, it is

understood and agreed that school officials may continue to

investigate a suspected hate crime or bias incident occurring

on school property, and may take such actions as are

necessary and appropriate to redress and remediate any such

act. The parties to this Agreement understand that school

officials have an independent authority to conduct

investigations and to discipline students who violate school

rules, regulations or codes of conduct, which may include but

need not be limited to the imposition of an in-school

suspension. The parties understand that the imposition of

such discipline does not in any way constitute “double

jeopardy” or otherwise limit, preempt or preclude any

appropriate action by a law enforcement agency, a Juvenile

Conference Committee or a Juvenile Court.

Where the ————— Police Department or the ————-

County Prosecutor’s Office believes that the continuing

conduct of a concurrent investigation, or the imposition of any

form of school discipline, would in any way jeopardize an ongoing law enforcement investigation, or otherwise endanger

the public safety, the ————— Police Department or the —

———— County Prosecutor’s Office shall immediately notify

the school principal and the superintendent of schools,

whereupon the school principal and superintendent will

immediately discontinue any ongoing school investigation, and

will take no further action without providing notice to and

receiving the assent of the ————— Police Department or

the ————— County Prosecutor’s Office.

ARTICLE IV. PRESERVATION OF EVIDENCE.

The parties to this Agreement understand and appreciate the

importance of delicately balancing the need to preserve

physical evidence so that persons who commit hate crimes or

bias incidents can be quickly apprehended and fully and fairly

prosecuted, as against the need to minimize the harm

associated with the continued exposure to children of biasbased graffiti and other forms of physical evidence of a bias

crime or hate incident.

School officials hereby agree to secure and preserve any such

graffiti or other evidence of a suspected hate crime or bias

incident pending the arrival of the ————— Police

Department or the ————— County Prosecutor’s Office.

Where feasible, such graffiti or other evidence should be

covered or concealed in a manner designed to minimize the

harm and continued exposure to students of such evidence,

but which will not permanently damage or destroy such

evidence or otherwise limit its utility in an ongoing

investigation or prosecution.

The —————— Police Department and the ——————

County Prosecutor’s Office agree to photograph or otherwise

document the location and content of any such graffiti or other

bias-based evidence as soon as possible, so that such graffiti

or other evidence may be permanently painted over,

sandblasted, or otherwise removed or eliminated at the earliest

opportunity.

ARTICLE V. LAW ENFORCEMENT RESPONSE TO

MANDATORY AND PRESUMPTIVE REFERRALS. 

A. Prompt Response.

The ————— Police Department and the —————

County Prosecutor’s Office agree to treat all matters involving

suspected or confirmed hate crimes or bias incidents

occurring on school property or involving school-aged children

as serious matters which warrant a prompt, decisive and

thorough law enforcement response. The ————— Police

department and/or the ————— County Prosecutor’s Office

agree to respond promptly to any referral made pursuant to

Article Ill of this Memorandum of Agreement, provided,

however, that the ————— Police Department or the

————— County Prosecutor’s Office will immediately

dispatch an officer to the scene of a suspected school-based

hate crime or bias incident where the building principal or

school superintendent has conveyed the fact that the

suspected act involved actual violence against a student or

involves a threat against the life of a student, school employee

or any other person. Furthermore, the ————— Police

Department and the ————— County Prosecutor’s Office

agree to respond as soon as possible to any suspected

incident involving bias-based graffiti or other such evidence so

that such graffiti or other evidence can be photographed or

otherwise documented in accordance with the provisions of

Article IV of this Memorandum of Agreement and so that the

graffiti or other evidence can be removed or otherwise

destroyed at the earliest possible opportunity in order to

minimize continued exposure and harm to the student

population.

B. Protective Services.

The ————— Police Department and the ————— County

Prosecutor’s Office are available on request, and subject to the

availability of resources, to provide protective services to any

victim or potential victim of a hate crime. The ————— Police

Department and the ————— County Prosecutor’s Office

agree to take such steps as are necessary and appropriate in the

circumstances to prevent further violence or harm committed

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against a victim, or to prevent a violent retaliation or any other

physical or psychological harm directed against any student or

any person. The responding law enforcement officer shall

evaluate the circumstances of the suspected or confirmed hate

crime or bias incident and shall report to his or her superiors

immediately concerning the need for providing any such

protective services to or on behalf of any victim or potential

victim.

C. Full Investigation.

The ————— Police Department and/or the —————

County Prosecutor’s Office shall upon receipt of any

information pursuant to Article Ill of this Memorandum of

Agreement conduct a full and thorough investigation in

accordance with the Bias Incident Investigation Standards

promulgated by the Attorney General.

D. Advice as to Bias Incident Investigation Standards and

Juvenile Justice System Practices and Procedures.

The ————— Police Department and the —————

County Prosecutor’s Office shall be available on an ongoing

basis to explain to school officials the provisions and

requirements of the Bias Incident Investigation Standards

promulgated by the Attorney General, and the practices and

procedures of the juvenile justice system with respect to the

handling of juveniles suspected of or formally charged with acts

of bias-based delinquency. The —————— Police

Department and the ————— County Prosecutor’s Office

shall also provide on an ongoing basis information concerning

the services and resources available within the juvenile justice

system to deal with bias-based acts of delinquency, including

stationhouse adjustments, referrals to juvenile conference

committees and other pre-adjudication diversion programs, and

post-adjudication disposition options which are available in the

county.

E. Agreement Not to Disrupt School Environment or Activities.

The ————— Police Department and the -————

County Prosecutor’s Office hereby agree that in conducting an

investigation into a suspected or confirmed hate crime or bias

incident in accordance with the Attorney General’s Bias

Incident and Investigation Standards, the ———— Police

Department and the ———— County Prosecutor’s Office will

minimize to the greatest extent possible any disruption of the

school environment and school activities. Accordingly, in the

absence of compelling and extraordinary circumstances, the

————- Police Department and the ————- County

Prosecutor’s Office will not conduct interviews of students

with respect to a suspected or confirmed hate crime or bias

incident during normal school operating hours without first

providing notice to the building principal and superintendent of

schools.

F. Notification by Police.

Where a formal complaint is filed against a student for any

offense which if committed by an adult would be an indictable

hate crime, the -———— Police Department or the

————- County Prosecutor’s Office will, in accordance with

the provisions of N.J.S.A. 2A-4A-60c, provide information on a

confidential basis to the building principal of the school at

which the student is enrolled concerning the offense charged

and any resulting adjudication or disposition.

G. Arrest Protocols.

The -———— Police Department and the ————- County

Prosecutor’s Office hereby reaffirm their commitment to

comply with the arrest protocols as set forth in Article 2 Section

G of the “Memorandum of Understanding Between Education

and Law Enforcement Officials Concerning Law Enforcement

Activities Occurring on School Grounds and the Reporting of

Suspected Drug and other Offenses by School Officials To Law

Enforcement Authorities,” which arrest protocols and

procedures are hereby incorporated by reference and adopted

herein.

ARTICLE VI. VICTIMS SERVICES.

A. Availability of Services.

The -———— County Prosecutor’s Office maintains a Victim/

Witness Unit which provides services to all victims of crime in

-———— County. The ————- County Prosecutor’s Office

remains available to provide counseling and other services to

the victims or potential victims of hate crimes and bias

incidents. All requests for victim/witness services should be

directed by the building principal or local superintendent of

schools to the -———— County Prosecutor’s Office.

B. Predisposition Impact Statement.

In the event that a hate crime or bias incident results in a

criminal conviction or adjudication of delinquency, the

————- County Prosecutor’s Office will solicit information

from all victims, potential victims and other members of the

school community who were in any way harmed or

traumatized by the unlawful act. Such information shall be

included in a “community impact statement” which will be

provided to the court by the county prosecutor and which will

serve to advise the court as to the true impact of the offense

and its effect on school children and the residents of the

affected community, so as to begin the difficult healing

process following the conviction or adjudication of

delinquency. The -———— County Prosecutor’s Office will

solicit the input and assistance of the building principal, the

local superintendent of schools and other appropriate school

employees, as may be designated by the building principal or

local superintendent, to ensure the prompt preparation of a

thorough and accurate community impact statement for use

by the courts. No student shall be solicited for input in the

development or preparation of a community impact statement

without a representative of the Prosecutor’s Office first

providing notice to the building principal and local

superintendent.

C. Legal Advice.

The ————- County Prosecutor’s Office shall be available on a

24-hour basis to answer any questions posed by the building

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principal or the local superintendent of schools regarding New

Jersey’s laws concerning hate crimes or bias incidents, the Bias

Incident Investigation Standards promulgated by the Attorney

General, or the implementation of this Memorandum of Agreement.

Nothing in this Article shall be construed in any way to preclude the

building principal, local superintendent or any other school official

from soliciting legal advice from the school board attorney or any

other attorney representing the school district.

D. Seminars and Public Education Concerning Hate Crimes and

Bias Incidents.

Representatives from the ————- Police Department and the -

———— County Prosecutor’s Office will be available upon

invitation of the building principal and local school superintendent to

address students, teachers and/or parents concerning the nature,

prevalence and impact of hate crimes and bias incidents.

E. Instruction to Students.

The parties to this Agreement understand and accept that

education emerges as one of the most promising means available

by which to promote racial, ethnic and religious tolerance and by

which to prevent the commission of hate crimes and bias incidents.

Toward that end, a number of innovative programs and curricula

have been developed by numerous organizations, which are

designed to teach students about the nature and history of

discrimination. For example, the Department of Education and the

Attorney General’s Office of Bias Crime and Community Relations

has developed a Prejudice Reduction Education Program. It is

understood and agreed that education officials are at all times

ultimately responsible for providing, supervising, monitoring,

evaluating and otherwise ensuring the consistent high quality of all

educational curricula and instructional programs provided to

students, whether the instruction is to be provided generally to the

student population as part of the regular curriculum or is to be

provided to select students who are subject to in-school

suspension or any other form of school-based discipline. It is

understood and agreed that no law enforcement officer shall be

permitted to provide a course of instruction to students, or to

address students on the subject of hate crimes or bias incidents in

an assembly, unless the officer has been invited or requested to

provide such course of instruction or address by the building

principal or local superintendent, or the course of the instruction

has been approved by an appropriate school official.

ARTICLE VII. TRAINING.

The parties to this agreement recognize that the enlightened

principles, policies and procedures established herein to address

the evolving problem of hate crimes and bias incidents occurring

on school property or involving school students can only work

where steps are taken to make certain that all school employees,

including but not limited to professional staff members, are aware

of the rights and responsibilities established in this Memorandum

of Agreement. So as to foster and initialize the spirit of

communication and cooperation underlying this Agreement, the

chief school administrator hereby agrees to establish a training

program, to be developed in conjunction with the ———— Police

Department and the ———— County Prosecutor’s Office, to

provide instruction and orientation to all appropriate school district

employees concerning the need for and provisions of this

Memorandum of Agreement. This instruction and orientation

program shall stress the importance of responding promptly,

decisively, and predictably to all suspected or confirmed hate

crimes or bias incidents occurring on school property or involving

students. The ———— Police Department and the ————

County Prosecutor’s Office remain available to assist in any way

necessary in developing or providing this orientation to school staff.

ARTICLE VIII. MAINTENANCE OF THE AGREEMENT.

A. Revisions.

This Memorandum of Agreement shall remain in full force and

effect until such time as it may be modified. Modification of this

Agreement will be effected only with the mutual agreement of the

———— Superintendent of Schools, the ———— County

Superintendent of Schools, the ———— Police Department and

the ———— County Prosecutor. Modification required by a

change in state or federal law, rules or regulations or applicable

guidelines or executive directives shall be made on the effective

date of such revisions of law, regulations, guidelines or directives.

All parties to this Agreement will notify the other parties

immediately regarding any such legal or regulatory changes.

In addition, it is understood that given the evolving nature of the

problem of hate crimes and bias incidents, it will be necessary

periodically to review the content and implementation of this

Agreement. Accordingly, the ———— County Prosecutor,

working in conjunction with the ———— County Superintendent

of Schools, the ———— Superintendent of Schools and the ——

—— Police Department, will not less than once each calendar year

organize and conduct a meeting of representatives from the law

enforcement and educational communities to discuss the

implementation of the provisions of this Memorandum of

Agreement, to discuss any other matters of mutual concern, and to

recommend necessary revisions to this Agreement.

B. Interpretation of the Agreement.

The parties to this agreement recognize the value of cooperation

and communication with respect to the problem of hate crimes and

bias incidents as it relates to students and school grounds, and

believe that entering into this Agreement will help them to be more

effective in dealing with these problems and in making certain that

schools are safe havens for law abiding children, and not places

where children are subject to hate, violence, intimidation or fear

based upon race, religion, ethnic background or sexual orientation.

The parties to this Agreement recognize and affirm that the

provisions of this Agreement are designed to supplement, but not

to replace, the provisions of the Memorandum of Understanding

Between Education and Law Enforcement Officials Concerning Law

Enforcement Activities Occurring on School Grounds and the

Reporting of Suspected Drug and other Offenses by School

Officials to Law Enforcement, which other memorandum of

agreement was signed on or about __________, 19__, and which

remains in full force and effect. However, to the extent that the

provisions of this Memorandum of Agreement are more specific,

this agreement shall be deemed to govern.

As an expression of our mutual concern and commitment to

students, and to the level of cooperation and understanding

described in this Agreement, the undersigned parties do hereby

affirm and agree to abide by the standards, procedures, principles

and policies set forth in this document.

[Signatures]

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Edmonds School District

Mountlake Terrace High School

Comprehensive Plan for Addressing

Racial and Ethnic Tensions

Marcia Migdal

Multicultural Program

20420 68th Ave. W., Lynnwood, WA 98036-7400

(425) 670-7128 FAX (425) 670-7006

OUR MISSION: To ADVOCATE for all students by PROVIDING a

learning environment which EMPOWERS students, staff and the

community to MAXIMIZE their personal, creative and academic

potential in order to BECOME lifelong learners and responsible

world citizens.

The Coordinator for Multicultural Education has worked

together with the administration and staff and students of

Mountlake Terrace High School (MTHS) to put together and

implement this draft comprehensive plan. Following a

summary of the actions taken during the 1994-95 school year,

the plan makes projections about effective steps to continue

efforts begun to strengthen commitment to the goals of the

program and institutionalize treatment of multicultural

concerns within the everyday operation of the school.

1994-1995

I. School-wide Introduction to Concerns About Intergroup

Relations

A. Staff Introduction: Two teachers and the Multicultural

Coordinator presented a program to the entire staff as part of a

1/2 day in-service. The program consisted of the viewing of the

Teaching Tolerance History of the Civil Rights Movement video,

“A Time for Justice.” This was followed by a discussion, and

then by a format for presenting this to all students. Staff were to

lead discussions about the material in this film, as well as its

implications for today and for MTHS, in their classrooms.

B. Student Introduction: As part of its commemoration of Dr.

Martin Luther King Jr., MTHS presented the video, “A Time for

Justice” to all students at the same time, utilizing the Channel 1

video hookup. Teachers in every classroom then conducted

discussions on the material. Students were also asked to write

impressions and ideas about their own actions, past and future,

regarding the quest for justice for all.

C. Several of the student responses were published in the

student newspaper, thus continuing the dialogue.

II. Hands Across the Campus: Two staff members and over

thirty MTHS students participated in this intergroup relations

program arranged through the Multicultural Office. The student

component consisted of leadership development training

specifically in the area of working for equity and intervening in

incidents of bias, prejudice, etc. The staff members

participated in the student training, as well as in a curricular

component and a Train the Trainers workshop so that they

could serve as building facilitators.

III. Student/Faculty Task Force: This group was called together

by the principal. It consisted of the Multicultural Coordinator,

the principal, all three assistant principals, the 2 staff members

who attended the Hands training and who are student activities

coordinators, and 10 - 14 students, some of whom had

participated in the Hands Across the Campus training and some

newly involved in response to an incident at school. The Task

Force met for approximately 6 weeks to block out a plan of

action for a comprehensive program for the school. This group

also underwent intensive training in facilitating discussions and

classroom lessons about racism, prejudice and stereotyping.

IV. Staff Training: The student component of the Task Force

conducted a training for the entire staff during a half day inservice session. The focus of the training was on the issues of

stereotyping, assumptions and prejudice. The students led the

staff through a series of activities and follow-up discussions.

The principal then informed the staff that teams of students

would be teaching these same activities to every student in the

school by presenting to third period classes over a period of 7

days.

V. Student Team Training: Two teachers and the student Task

Force members identified a total of 35 students with leadership

qualities and concern for equity. Together with the Multicultural

Coordinator, the teachers and Task Force students conducted a

three-hour training to train the additional students as facilitator

teams. The students were trained in the activities which had

been presented for the faculty. They received intensive training

in facilitating these activities and in leading discussions to

explore the implications of these activities. The Student

Facilitators were divided into 15 teams of 2 or 3 each. Teams

worked together to clarify roles and responsibilities, plan

introductions, closings, transitions, etc.

VI. Full School Involvement

A. The two teachers conducted a discussion during a staff inservice. They presented a schedule and sign-up procedures for

scheduling a student-facilitated lesson in every third period

class in the school. There are a total of 55 third period classes.

Several smaller classes were combined together, making a total

of 45 classes altogether. Each Student Facilitator Team was to

conduct a lesson in three classes during the month of May.

B. Beginning in early May, and continuing throughout the

month, student facilitators conducted lessons for their fellow

students during a specific time period of the day (third period

was chosen). In this manner, it was assured that all students

would receive this exposure to activities which helped people

think about prejudice, its origins and its impact on others. The

Multicultural Coordinator was present on each presentation day

to visit all the classrooms and to be available to “trouble-shoot”

if problems arose. Since all classroom teachers had already

been exposed to the activities, they were also available to help

out if the student facilitators needed assistance. Overall, the

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facilitators have performed quite well, taking full responsibility

for the conduct of the class. The overall reaction has been

positive thus far. Some students have had experiences which

have begun to change their perspective and understanding of

some of these issues such as stereotyping.

VII. Parent/Community Involvement:* MTHS administration

made a conscious effort to reach out to minority parents to

include them in school-wide activities and decision-making

processes by making overtures to insure that minority parents

feel welcome and understand that their active participation in

their child’s education is strongly solicited. In 1994 and 1995,

parents were invited to pot-luck meetings to discuss issues of

concern. Invitations were sent out in several languages, so

that parents could read them and not depend on their children.

1995- 1996

I. Facilitator Group Review: This student group will be convened

during the late summer or early fall to review the material and

reconstitute the teams to accommodate the loss of senior class

members. They will design and prepare a unit to present to

freshmen. They will also receive further training to assist them

in their role as leaders and facilitators addressing matters of

race and bias in the school.

II. Freshman Orientation: All freshmen will be exposed to the

lesson designed by the Student Facilitation Teams. This

exposure will take place as part of some mandatory freshman

class, such as the SOAR class. The focus of the lessons will be

two-fold. The first is to initiate 9th graders into the standards

and expectations of MTHS regarding respect and intergroup

interactions. The second purpose is to work directly with the 9th

graders to address matters of racism, stereotyping and

prejudice.

III. Rebuild the Facilitator Group: Freshmen and other interested

students will be incorporated into the cadre of facilitators

remaining after the graduation of seniors. This group, under the

facilitation of the Multicultural Coordinator, will continue to

explore issues of prejudice and discrimination, to learn new

activities and to prepare new lessons for presentation to the

entire staff and student body.

IV. School-wide Involvement: On a regular basis, approximately

every two months, the Student Facilitators will present lessons,

assemblies or other special programs dealing with issues of

equity, prejudice, racism, discrimination, etc. to the entire staff

and student body. The Student Facilitators will meet throughout

the year to review videos and other materials, plan lessons,

activities, and discussions appropriate for use with the student

body. The intent is to keep an examination of these issues

before the student body, and to work with their fellow students,

as well as staff, to come to a determination of action steps to

continue to improve the school environment and strengthen the

atmosphere of respect for all.

V. Staff Development: The Multicultural Coordinator, together

with MTHS staff and administration, will continue to develop

on-going staff development programs to address concerns of

staff and community around matters of diversity and

discrimination. The Multicultural Coordinator will continue to

alert staff to new materials to incorporate into their

curriculum, as well as to additional opportunities to increase

their own knowledge with regard to specific ethnic groups, and

to the interaction and historical relationships among various

groups in the U.S.

VI. Parent/Community Involvement:* Periodic meetings/social

gatherings will be held with parents and community groups in

the fall. These gatherings will provide an opportunity for

parents to make the school aware of concerns and for parents

and the school to work together to solve problems and

address those concerns. By providing this outreach, it is

hoped that such meetings will increase parent involvement as

the parents come to know the school personnel and credibility

is established through working together toward common

goals. Eventually, the desire is for these disparate groups to

meet together to solve problems of mutual concern in

conjunction with the school and larger Mountlake Terrace

community. It is also hoped these meetings will provide an

avenue to link the minority parent communities with all of the

existing school/parent programs and collaborative efforts.

Future Years

Steps one through six described for 1995-1996 will be repeated

in future years, so that each new class of students is introduced

to the expectations of MTHS regarding respectful treatment of

all and so that this attention to equity becomes institutionalized

at MTHS. It should be understood that the comprehensive

program described here exists in addition to ongoing efforts to

infuse multicultural perspectives throughout all areas of the

curriculum. It also supplements on-going work to create and

reinforce an atmosphere of mutual respect throughout the

school, in and out of classrooms and formal learning

situations.

* Includes language from the 1998 Edmonds School District

Status of Equity Report.

Archived Information
Appendix B: Checklists & Protocols 85

B: Checklists

Appendix B:

Protocols and Checklists

• Complaint Investigation: The Basics

• Checklist for Evaluation of Grievance Procedures

• Investigating Complaints

• Checklist and Survey —

Is Harassment a Problem in Your School?

• Hate Crime School Survey

• Addressing Racial Harassment —

A Self-Evaluation and Planning Guide for

School Districts

• Preventing and Responding to Hate-Motivated

Behavior

• Sample Hate-Motivated Behavior Incident Report

• Preventing Hate Speech, Behavior and Crime

• Guidelines for Determining Hate Motivation

• Protocol on Graffiti Removal

• Conflict Intervention Teams —

A Response to School Crises

• Erasing Hate — A Guide to Your Civil Rights in

School

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86 Protecting Students from Harassment and Hate Crime

B: Checklists

Archived Information
Appendix B: Checklists & Protocols 87

B: Checklists

Complaint Investigation:

The Basics

by Marta Larson

This ARTICLE provides basic information for complaint

managers on methods for investigating complaints. There is

no intent or pretense that the reader of this article will become

a skilled complaint investigator. However, this article provides

an outline of needed skills and a discussion of investigative

techniques pertaining to all kinds of harassment encountered

in school, particularly harassment that may be a violation of

civil rights, a criminal offense, or a serious violation of the

school’s behavior code. Further information is available in the

reference materials listed at the end of this article.

Complaint Investigator: Role and Responsibilities

The complaint investigator is usually a district administrator,

but if not, must at least be quasi-administrative. The complaint

investigator should have full authority to consult the district’s

legal counsel and to review reports, files, confidential

documents, and any other needed materials. The investigator

should report directly to the superintendent on harassment

complaints, regardless of who is designated as her/his official

supervisor. The investigator must also be completely

independent in the conduct of the investigation to avoid

suspicion of a biased result.

The investigator must be knowledgeable. The complaint

investigator should have written materials to assist her/him in

investigating cases and receive training in investigation

techniques. She/he should especially know the content of the

district harassment policy, related state and/or federal laws,

procedures for investigating cases, due process issues,

methods for minimizing district legal liability, and requirements

of the Freedom of Information Act. The complaint investigator

should also know how to protect her/himself against charges

of defamation, malicious interference with employment, and

invasion of privacy charges arising from the investigation.

The investigator must be culturally sensitive. “If the

complainant [or alleged harasser] is someone whose

background might include culturally different ideas about

touching others, the proper amount of physical space between

individuals in the workplace, eye contact, or other aspects of

physical relationships between relative strangers . . . [the

investigator should] learn what baseline assumptions or ideas

play a part” (Wagner, 1992, p. 54, emphasis added).

The investigator must also be sure she/he is communicating

with the complainant, alleged harasser, and witnesses

effectively. If there is a communication difficulty due to

language differences, lack of speech, or developmental

disabilities, an interpreter who is a neutral party and not a

family member should be utilized.

The investigator should use a developmentally as well as

culturally appropriate approach. When interviewing children, it

is especially important to avoid leading them to make

statements. This is similar to concerns encountered by those

investigating child abuse cases. Additionally, when interviewing

students, the investigator should give them more time at the

onset to become comfortable, so that they are able to tell their

story as freely as possible.

The investigator is a neutral fact-finder. The investigator must

keep her/his opinions private, even when hearing details of

alleged behavior that are personally repugnant or seemingly

unbelievable. Expressions of distaste or disbelief cause the

appearance of prejudice and should be avoided. This can be

particularly difficult when interviewing distraught persons

where there is a strong urge to be sympathetic. The

investigator should be sensitive without expressing

conclusions and maintain a clear presumption of the accused

harasser’s innocence, balanced with concern for the alleged

victim.

The investigator must make a complete and careful

investigation. A complete investigation identifies instances of

harassment, protects the district from being sued over

incidents they should have known about, intercepts false

charges, protects the district from liability for erroneous

discipline, reduces or eliminates the amount of any damages

that may be obtained by the complainant, protects possible

future victims, and retains local control by avoiding court

ordered remedies. The investigator must realize that a court

appearance may result from the complaint investigation

process and be prepared to testify regarding the preparation,

objectivity, and thoroughness of the investigation.

It is not necessary to receive a formal complaint. The

investigator must investigate all complaints. Even if a fearful

complainant requests that the district not investigate, or is

unwilling to file a formal complaint, the courts have found that

districts are responsible for knowing about harassment

through effective utilization of their complaint procedures and

have held them responsible. However, this responsibility

should not be used to elevate a relatively minor situation to the

full investigation level if the problem can be solved by a simple

intervention. For example, the complaint manager can go and

look at graffiti in a rest room, determine whether it is

offensive, and if so, have it promptly removed. In this specific

situation, it is not necessary to open a file and investigate,

although the situation should be monitored.

When a complaint is brought to the complaint manager’s

attention, she/he should first attempt to resolve it at the

informal level. It is often better for the person who receives

the complaint to pursue the possibilities of informal resolution.

If the problem can not be resolved by informal means, it can

be referred to a different person to investigate the complaint.

In complaints related to students, the investigator must

determine whether there could be a violation of child welfare

laws. If the complaint is regarding any incident that must be

reported to the police, that report should be made immediately

and the investigation placed on hold. In that case, the

complaint manager should monitor the situation to ascertain

whether the alleged harassment continues or escalates to a

point requiring immediate intervention. If that should occur,

the complaint manager should consult the district’s legal

counsel regarding how to proceed.

It is important to conduct an investigation of all allegations,

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88 Protecting Students from Harassment and Hate Crime

B: Checklists

whether or not there is a criminal case being developed on the

same situation. A criminal case does not relieve the district of

the responsibility for conducting an internal investigation and

determining whether there is probable cause for any district

discipline. It may be that the completed internal investigation

will be sealed until the criminal case is concluded so that there

is no danger of prejudicing the results of the criminal case.

Discipline may then be rendered following the completion of

the criminal case.

Many times the complainant (and/or witnesses) will request

assurances of confidentiality as they provide information about

the case. The investigator should inform all parties that to the

extent possible their privacy will be protected, but they should

also be informed that there is no way to conduct an

investigation without interviewing the accused party or parties

and witnesses.

The investigator has a responsibility to assure confidentiality in

areas that she/he can control. This includes not disclosing

facts about the investigation to others, warning those

interviewed against discussing the case with others, keeping

records of the investigation in locked files, and limiting

information dissemination to those who absolutely must

receive it. This is even more urgent when the investigator

considers the necessity of protecting her/himself against

charges of defamation by the accused harasser.

The complainant and witnesses should also be protected by

district policy against retribution from accused harassers or

their supporters. The investigator has the duty to inform them

of this and to monitor the situation during and following the

investigation.

Key Steps in Conducting an Investigation

Complaint investigations should be done both promptly and

thoroughly. The investigator should begin within a very few

days after learning of a harassment situation and should finish

with as much speed as possible, usually within a few weeks.

The investigator should plan all interviews carefully. She/he

should prepare a list of detailed questions designed to gain

information that might prove or disprove the complaint. The

investigator should never attempt to rely on memory. She/he

should avoid wasted time by determining in advance exactly

what information is wanted from each person being

interviewed. The investigator should be prepared for answers

that lead into another angle of inquiry by predicting what the

possible answers may be and planning how to pursue those

issues. For further ideas on planning interviews, investigators

may refer to the sample list of questions in Wagner (1992, pp.

133-138).

Review the complainant’s statement. Try to determine the

basis for the complaint and gain an understanding of the

issues presented (Pearman & Lebrato, 1984, p. 7). Keep notes

regarding questions that arise when reviewing the statement

so that they can be pursued during the investigation.

The complainant should be interviewed first to clarify the

details of the complaint. As a part of the interview, the

complainant should be informed about the process that the

investigation will follow. This includes the complainant’s legal

rights, what the investigator will do, what will happen and

when, the content and process of the investigation, and who

will determine remedies following the investigation.

Additionally, the investigator should ascertain whether the

complainant has any immediate needs, such as fear, that

might need to be addressed at once.

While maintaining a businesslike manner, the investigator

should treat the complainant considerately and respectfully.

The complainant should be encouraged to be as specific as

possible in clarifying his or her statement including names,

dates, frequency, places, and specific behavior (what

happened, the complainant’s response, and the outcome)

along with the names and location of any witness(es). The

investigator should make careful notes during the interview,

both of questions that she/he asks, as well as the

complainant’s responses. A thorough written version of what

is alleged to have happened based on the interview with the

complainant, should be prepared and signed by the

complainant and placed in the file. This list of allegations will

later form the outline for part of the investigator’s report.

An important part of the investigation is determining the effect

of the harassment on the victim. The investigator should

document whether the harassment is alleged to have had any

negative effect on the complainant’s job or academic

performance, or whether the harassment is alleged to have

created a hostile climate.

The investigator should identify as specifically as possible the

part or parts of the district policy or state/federal law that are

alleged to have been violated.

All interviews and efforts to obtain evidence should be aimed

at proving whether the specified policy or law has been

violated.

Assemble an investigative file and keep it in a secured location.

The file should be organized so that anyone opening it could

determine the main issues involved in the case and the history

of the investigation. Even while the investigation is underway,

the file should be maintained so that if necessary another

person could assist with or even assume responsibility for the

investigation. The file can also serve as a memory device,

enabling the investigator to ensure that no aspect of the

investigation has been overlooked.

The investigator should keep a time line of what happened as

part of the process. This “helps set the events in the sequence

in which they occurred. You can analyze this time line in terms

of what was happening in the workplace at the same time,

looking at the big picture for possible motivating factors or

triggering events” (Wagner, 1992, p. 52). Testimony of

witnesses can be added to the time line as they are

interviewed, adding a rich level of detail about what actually

occurred.

Define and further plan the investigation. The plan for the

investigation should include the determination of “who the

alleged harassers were, when and where the incident took place,

what was said or done by the parties, whether the incident was

isolated or part of a continuing practice, the reaction of the

complainant, how the complainant was affected, whether

anyone else witnessed the incident, whether the complainant

has talked to anyone else about the incident, whether there is

any documentation of the incident, and whether the complainant

has knowledge of any other target of harassment” (Lindemann

& Kadue, 1992, p. 163, emphasis added).

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Appendix B: Checklists & Protocols 89

B: Checklists

The investigator should limit the scope of inquiry. Identify and

exclude issues which are not disputed and/or have already

been investigated. Screen out issues which are not relevant to

district policy. Winnow the complaint down to the tightest

possible list of issues for investigation.

It is helpful to prepare a step-by-step list of the investigation

plan and check off each step as completed. This list should

contain the names of all witnesses to be interviewed, as well

as a list of all documentary evidence to be collected. Be sure

to include everyone who may have information, especially the

alleged harasser. Do not make the mistake of stopping the

investigation once several witnesses or documents have been

located that appear to substantiate or refute the allegations.

This is especially true for the alleged harasser, as not

interviewing this person could later be regarded as a weak

point in the investigation. The list of witnesses may be

supplemented during the course of the investigation as various

interviews provide leads to other useful information or persons

to interview. Similarly, the list of documentary evidence may

grow as witnesses are interviewed.

Gather supporting documents and evidence. Often, it is

prudent to gather these documents quickly before there is an

opportunity for them to be removed from the files. The

investigator should consider making unannounced visits to

offices or other sites to obtain copies of documents. Another

approach is to request that witnesses bring certain documents

with them when they come to be interviewed, without

revealing the purpose for the request. Some documentary

sources of evidence include personnel file(s), student file(s),

performance evaluations, and discipline records.

Visit the site where the harassment is alleged to have taken

place. Sometimes such a visit can reveal specific information

that tends to support or raise doubts regarding the allegations,

such as physical layouts that would conceal actions from

potential witnesses or make certain actions less likely to have

occurred because there is no place for them to take place

without witnesses. Occasionally, it can be determined that a

specific action is physically possible or impossible based on

site characteristics.

Conduct interviews. When interviewing the alleged harasser,

begin by briefing the person on the process that the

investigation will follow. Avoid using the term harassment to

describe the complaint, but tell the person that “a serious

matter has been raised, that she/he has been connected to it

and that it involves unwelcome behavior on his or her part”

(Wagner, 1992, p. 69). It is also a good idea to be sure that

the alleged harasser understands that the ultimate aim of the

investigation is to “end the illegal or inappropriate activity, if

there is any, and take preventive measures to see that it does

not recur” (Wagner, l992, p. 70).

The investigator should be prepared to brief the alleged

harasser on his or her due process rights. The alleged

harasser should be advised that the investigation will be

conducted in a neutral manner, cautioned regarding

confidentiality, and warned against engaging in or organizing

retaliation. The allegations should be reviewed with the alleged

harasser, and her/his version of the events should be elicited

in the same detail requested of the complainant. Assertions

that the complainant had a motive to lie or that the conduct

was welcome should be explored, and available documentation

should be secured. After the interview has been completed, a

signed, written statement detailing all events that took place

related to the alleged harassment incident should be prepared

and signed by the alleged harasser and placed in the file.

If anyone who is to be interviewed wishes to have another

party including a union representative or legal counsel present,

this must be allowed. The representative should not be a

family member unless the person being interviewed is a minor.

The role of the representative is NOT to speak for the person

being interviewed, and they should not be allowed to interfere

with questions that the investigator is certain are proper.

However, legal counsel may advise the person being

interviewed not to respond to some questions, and there is

little the investigator can do at that moment to compel a

response to those questions. If there is a disagreement on

whether a question is proper, note that down and fight it out

later (Gregg, 1992 and 1993) after consulting the district’s

legal counsel.

Elicit a description of what happened from the perspective of

the complainant or alleged victim, alleged harasser, and

witnesses. Whenever possible, information obtained in

interviews should be substantiated by documentary evidence.

As each person is interviewed, try to fill in chronological gaps

in the time line, clarify conflicting statements, examine

inconsistencies in various witness statements, and clarify

conflicts with information in documentary evidence. Pursue

the facts upon which voiced opinions are based. If a person

has difficulty remembering things, ask questions designed to

refresh her or his memory such as “Was it before or after

Spring Break?”

Witnesses can substantiate evidence, provide contradictory

evidence, substantiate allegations, lead to other witnesses,

direct you to other data, explain documents and other data,

explain policies and procedures, and connect between policies

and actual practice. Witnesses can include anyone who may

have seen the alleged harassment occur and/or anyone who

claims to have received the same treatment from the alleged

harasser. Reliable witness information is firsthand knowledge,

not something that someone else told them, unless witnesses

are verifying that the complainant told them about the

situation, which is a type of evidence.

It is important to realize that not all witnesses will want to be

interviewed. If the initial contact is on the telephone, it is

sometimes necessary to conduct the interview immediately,

particularly if the witness seems reluctant. If an interview

reveals that a witness may also be a perpetrator, stop the

interview and review the person’s due process rights. Do not

use group interviews, as each person’s testimony will taint the

other’s recollections. After each interview is completed, a

signed, written statement detailing the person’s testimony

regarding all events that took place related to the alleged

harassment incident should be prepared and signed by the

witness and placed in the file.

Once a preliminary round of interviews has taken place and

documentary evidence has been perused, other questions or

documents often come to mind, and the investigator should

follow up on these in a systematic manner. Many experts

recommend re-interviewing the complainant, the alleged

harasser, and witnesses whose testimony is countered by

other testimony or documentary evidence. Lindemann and

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90 Protecting Students from Harassment and Hate Crime

B: Checklists

Kadue (1992) suggest that,

All parties should have a full opportunity to rebut

adverse statements. The investigator should

consider sharing tentative determinations about

the truth of a harassment claim with the alleged

harasser in a final interview (p.166, emphasis

added).

This may facilitate the retrieval of additional information that

might help to complete the investigation.

The investigator must be certain that the investigation is

complete. The investigator must be sure that evidence has not

been overlooked and that all witnesses are interviewed. The

investigation should not be stopped until all useful information

has been explored even where it tends to duplicate other

information already obtained. However, this duty to conduct a

complete investigation should not be allowed to delay the

prompt completion of the investigation.

Reaching a Conclusion

Analyze the information. Compare the facts and circumstances

of the case with the definition of harassment on a point-bypoint basis, noting areas where questions remain unanswered.

This analysis process can actually begin very early in the

investigation with facts and information obtained during the

investigation fitted into the outline like pieces into a puzzle.

The versions of what happened are often different, so the

investigator must decide which have more credence. Objective

proof of the charges, such as the testimony of witnesses, is

the most persuasive. Unfortunately, objective proof of

harassment is rarely available. It is also necessary to

determine whether any of the statements obtained could be

false and whether any of those making statements have any

motivation to be untruthful.

Careful consideration should be given to cases where it is the

complainant’s word against the alleged harasser’s word. The

investigator must determine to what extent the alleged

conduct is likely to have occurred and whether it fits the

district’s definition of harassment. The investigator should be

aware that the courts have been deciding many cases on the

reasonable person standard, ruling that behavior that is

considered offensive by a reasonable person of the same sex,

age, cultural group, etc., will be considered harassment.

As the investigation nears completion, it is a good idea to

confer with the district’s legal counsel.

Counsel should be shown all of the documents

generated, including . . . interview notes, . . .

signed statements, and records or other

documents pertinent to the situation (Wagner,

1992, p. 90-91).

The investigator and legal counsel must both be satisfied that

they have arrived at a defensible recommendation for action

and have a plan for addressing problematic issues that arise,

especially if it is possible that the perpetrator will be fired or

expelled from school.

If the investigator absolutely cannot ascertain who is telling

the truth, and no documentation can be discovered, it may be

necessary to end the investigation with no conclusion, educate

all involved regarding the district policy, and monitor the

situation to see if further problems arise.

Prepare and submit the investigator’s report of findings. The

report should contain an executive summary section that

summarizes the determination, findings, and information

contained in the case file. This section should be as brief as is

practicable, but it should be written clearly enough so that the

reader does not have any questions that are left unaddressed.

Following the executive summary, the findings should be listed

and discussed individually. Each allegation must be listed in

this section along with a finding, conclusion, and all evidence

that is available to support the conclusion. Each time a finding

refers to documentary evidence, the item of evidence must be

clearly referenced in the report, and copies of all documentary

evidence should be included in the appendix to the report.

Another section of the report should include anything that is

found that is not harassment but is inappropriate. This might

include student disciplinary actions, personnel actions,

supervisory practices, management decision making, and

other actions that violate district policy, or state or federal law.

Some of these actions may have been attempts to rectify the

alleged harassment, or they may have been well-intentioned

but incorrect behavior, and some may have been

inappropriately motivated. Whatever the reasoning in

undertaking these actions, they should be listed in the report

and addressed by the proposed remedies.

The report should clearly state the investigator’s proposed

remedy or remedies if harassment has been proven or if other

inappropriate actions are found. While the investigator is not

always the person who sets the disciplinary action, she/he

should provide a list of the potential courses of action for

review by the administrator who will determine the final

remedy. Care should be taken to assure that the remedy does

not inadvertently punish the complainant.

The report should include a written follow-up plan in its final

section to assure that no repetition of the harassment occurs

and that no retaliation is taken. This follow-up plan should

include regular contacts with both parties. Information about

the follow-up plan should be given to both the complainant

and the accused harasser, whether or not harassment is

substantiated.

Once the report has been prepared, all parties to the

complaint, both the complainant and alleged harasser(s),

should be informed of the results of the investigation. In cases

that end with no formal conclusion, to avoid any

misunderstandings it is important to be sure that all parties

understand that the complaint is neither upheld nor dismissed.

The institution should take action immediately upon receiving

the report of findings. If a progressive discipline code is in

effect, it should help to determine the appropriate disciplinary

action. If disciplinary action is found to be appropriate, the

action should be taken as soon as is possible after due

process requirements are met.

A final responsibility of the investigator is to keep records of

the complaints investigated and to provide the superintendent

and school board with periodic reports (once or twice a year)

on the number and types of complaints investigated and their

disposition. This is necessary even if the superintendent and

Archived Information
Appendix B: Checklists & Protocols 91

B: Checklists

board have been privy to some or all of the details of any of

the investigations, as they should be monitoring the overall

statistical picture to determine whether adjustments are

necessary in any district policies and procedures.

References

Aaron, Titus E., with Judith A. Isaksen. 1993. Sexual

Harassment in the Workplace: A Guide to the Law and a

Research Overview for Employers and Employees. Jefferson,

NC: McFarland & Company, Inc.

Bravo, Ellen, and Ellen Cassedy. 1992. The 9-to-5 Guide to

Combating Sexual Harassment. New York: John Wiley & Sons,

Inc.

Eisaguirre, Lynne. 1993. Sexual Harassment: A Reference

Handbook. Santa Barbara, CA: ABC-CLIO, Inc.

Gregg, Robert E. 1992. A Word of Caution to Those Involved in

Complaint Processes. Madison, WI: Tomlinson, Gillman &

Rikkers, S.C., unpublished manuscript.

Gregg, Robert E. 1993. Investigating Discrimination

Complaints. Madison, WI: Tomlinson, Gillman & Rikkers, S.C.,

unpublished workshop material.

Lindemann, Barbara, and David D. Kadue. 1992. Primer on

Sexual Harassment. Washington, DC: The Bureau of National

Affairs (BNA Books).

Petrocelli, William, and Barbara Kate Repa. 1992. Sexual

Harassment on the Job. Berkeley: Nolo Press.

Pearman, Marilyn I., and Mary T. Lebrato. November, 1984.

Sexual Harassment in Employment Investigator’s Guidebook.

Sacramento: California State Personnel Board and the

California Commission on the Status of Women.

Wagner, Ellen J. 1992. Sexual Harassment in the Workplace:

How to Prevent, Investigate and Resolve Problems in Your

Organization. New York: AMACOM (a division of the American

Management Association).

________________________________

Reprinted with the permission of the Programs for Educational

Opportunity, University of Michigan School of Education, from

“Abolishing Harassment,” Equity Coalition, Volume IV, No. 1,

Spring 1996.

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92 Protecting Students from Harassment and Hate Crime

B: Checklists

Archived Information
Appendix B: Checklists & Protocols 93

B: Checklists

Checklist for the Evaluation of

Grievance Procedures

Checklist for Evaluating the Content of

Grievance Procedures

Listed below are a number of questions which may be used to

evaluate the content of Title IX grievance procedures and

determine possible needs for modification. Questions are

organized into three sections: initiation and filing of the

grievance; processing of the grievance; and basic procedural

rights.

Initiation and filing of grievances:

Does the grievance procedure:

1. Provide clear and adequate definitions of who may grieve,

of what issues may be covered by grievances, and of the

terms used throughout the procedure?

Yes ___ No ___

2. Cover all students and employees?

Yes ___ No ___

3. Clearly state the form and procedure for filing of grievances?

Yes ___ No ___

4. Specify any applicable time limits for the initiation of a

grievance?

Yes ___ No ___

5. Provide for assistance to grievants in the filing/preparation/

processing of a grievance?

Yes ___ No ___

6. Specify the responsibilities of institutional/agency staff for

the receipt and initial handling of grievances?

Yes ___ No ___

7. Provide methods for informal and prompt resolution of

grievances when further processing is not needed?

Yes ___ No ___

Processing of grievances:

Does the grievance procedure:

1. State the number and levels of steps for grievance processing and the criteria for initial referral to each level?

Yes ___ No ___

2. State the form of grievance presentation and processing

(oral/written; hearing officer/hearing panel; etc.) at each step?

Yes ___ No ___

3. Specify the criteria and procedure for the assignment of

initial hearing levels?

Yes ___ No ___

4. Delineate procedures and responsibilities for notification of

all parties at each processing level?

Yes ___ No ___

5. Delineate timelines for all activities within the grievance

procedure?

Yes ___ No ___

6. Specify the procedures which shall be used in conducting

grievance hearings?

Yes ___ No ___

--amount of time allocated to each hearing?

Yes ___ No ___

--amount of time allocated to each party to the grievance?

Yes ___ No ___

--right of each party to representation and assistance?

Yes ___ No ___

--right of each party to present witnesses and evidence?

Yes ___ No ___

--right of each party to question witnesses?

Yes ___ No ___

--roles of persons involved in the hearing?

Yes ___ No ___

--right of grievant to determine whether hearing shall be open

to the public?

Yes ___ No ___

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94 Protecting Students from Harassment and Hate Crime

B: Checklists

--provisions/requirements for recording the hearing?

Yes ___ No ___

7. Specify any requirements for submission of written

information by grievants or respondents?

Yes ___ No ___

8. State the form and timelines for the preparation of grievance decisions?

Yes ___ No ___

9. Clearly state the procedures and timelines for the grievant’s

acceptance or appeal of grievance decisions?

Yes ___ No ___

10. Specify the roles and selection of persons involved in

grievance processing?

Yes ___ No ___

Basic procedural rights:

Does the grievance procedure:

1. Provide grievants with the right to appeal to progressive

levels of decisionmaking?

Yes ___ No ___

2. Provide assurances regarding the impartiality of hearing

officers?

Yes ___ No ___

3. Provide for confidentiality of grievance proceedings if so

desired by the grievant?

Yes ___ No ___

4. Provide for grievants’ access to relevant institutional/agency

records?

Yes ___ No ___

5. Provide for the protection of grievants and respondents

from harassment and entry of information into student and

personnel files?

Yes ___ No ___

6. Provide for confidentiality of grievance records if so desired

by grievant?

Yes ___ No ___

Checklist for Evaluating the Implementation of a Grievance Procedure

The following checklist focuses on the implementation of Title

IX grievance procedures. It is designed to be used as a guide

for assisting Title IX coordinators and administrators in the

installation of a grievance process or the improvement of the

operation of an existing process.

Pre-implementation:

1. Has a written Title IX grievance procedure been prepared

which provides for the prompt and equitable resolution of

complaints of sex discrimination?

Yes ___ No ___

2. Has the Title IX grievance procedure been reviewed to

ensure its compliance with any existing standards specified by

relevant State and local laws/regulations, contracts with

employee organizations, etc.?

Yes ___ No ___

3. Has the Title IX grievance procedure been reviewed and

approved by institutional/agency governance?

Yes ___ No ___

4. Has the grievance procedure or a summary of the procedure been published and disseminated to all students and

employees?

Yes ___ No ___

5. Have orientation or briefing sessions been held with

students and employees to ensure their understanding of the

grievance procedure and its use?

Yes ___ No ___

6. Have all employees with responsibility for the implementation of the procedure been provided briefing and information

on the procedure and the requirements of the Title IX

regulation?

Yes ___ No ___

7. Have persons serving as hearing officers been provided with

basic orientation on grievance processing and in-depth training

on the Title IX regulation, interpretive guidelines, and judicial

precedents?

Yes ___ No ___

8. Have the specific assignments of staff roles and responsibilities been made for all tasks within the grievance procedure?

Yes ___ No ___

Archived Information
Appendix B: Checklists & Protocols 95

B: Checklists

9. Have the responsibilities of the Title IX coordinator been

delineated and a statement of these disseminated to all

employees and students?

Yes ___ No ___

10. Is the grievance procedure available for allegations of

sexual harassment?

Yes ___ No ___

Filing and initial processing of grievances:

1. Is information regarding the nature of the grievance

procedure and the coverage of the Title IX regulation easily

available to all employees and students?

Yes ___ No ___

2. Has a form or outline been developed which clearly states

the information required for the filing of a grievance?

Yes ___ No ___

3. Can students and employees file grievances at places of

maximum convenience and accessibility?

Yes ___ No ___

4. Are personnel available for assisting students and employees in the filing of grievances?

Yes ___ No ___

5. Is opportunity provided for the clarification of grievance

issues and for prompt and informal resolution of grievances

when further processing is not needed?

Yes ___ No ___

6. Do notification forms used at all grievance stages provide

grievants and respondents with full information regarding their

rights and responsibilities in the grievance process?

Yes ___ No ___

Grievance processing:

1. Are timelines and requirements for promptness fully

observed in the handling of grievances at each step

of grievance processing?

Yes ___ No ___

2. Are stated notification procedures fully observed?

Yes ___ No ___

3. Are grievance hearings conducted according to specified

procedures?

Yes ___ No ___

4. Are records of grievance hearings maintained?

Yes ___ No ___

Grievance follow-up, monitoring, and reporting:

1. Are all grievance decisions reviewed for their implications

for modification of policy, procedure, or practice beyond

specified corrective steps?

Yes ___ No ___

2. Are all identified modifications and corrective steps broken

down into their specific tasks, staff responsibilities, and

implementation timelines?

Yes ___ No ___

3. Are all staff notified of their specific responsibilities related

to the implementation of modifications and remedial steps?

Yes ___ No ___

4. Are staff provided information and assistance necessary to

the implementation of modifications and corrective steps?

Yes ___ No ___

5. Are periodic surveys and reviews made to assess the

implementation of modifications and corrective steps and to

identify any related problems?

Yes ___ No ___

6. Are regular reports regarding the implementation of

modifications and corrective steps required of all staff?

Yes ___ No ___

7. Are records of grievances, grievance processing, and

modifications and corrective steps maintained for a three-year

period?

Yes ___ No ___

8. Are all detailed grievance records (those identifying involved

parties) maintained on a confidential basis and without

notation in student or personnel files?

Yes ___ No ___

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96 Protecting Students from Harassment and Hate Crime

B: Checklists

9. Is a set of open records regarding grievance resolutions and

precedents (parties unidentified) available to students,

employees, and other interested persons?

Yes ___ No ___

10. Are regular reports of grievance precedents and compliance efforts disseminated to all students, employees, and

governance persons?

Yes ___ No ___

11. Are continuing assessments made of the understanding of

students and employees regarding Title IX provisions and the

Title IX grievance procedure?

Yes ___ No ___

______________________

From Title IX Grievance Procedures: An Introductory Manual,

originally developed by the National Foundation for the

Improvement of Education, and revised and reprinted by the

U.S. Department of Education, Office for Civil Rights, 1987.

This publication provides suggestions which schools may find

useful in formulating and implementing grievance procedures

for addressing allegations of discrimination, including

allegations of harassment; it is not intended to establish

compliance standards.

Archived Information
Appendix B: Checklists & Protocols 97

B: Checklists

Investigating Complaints

Implementing the Harassment

Investigation

A thorough investigation, followed by prompt remedial action,

is the best course of action to take when an incident of

harassment is reported. But did you know that how you

investigate can protect you from liability? Here are some

things you should do to help keep your internal investigations

on the up-and-up.

Before the investigation.

• DO select the proper investigator. The person should be

familiar with board policies and procedures.

• DO plan the investigation. Decide whom you will interview

and what physical evidence you will need.

• DO prepare a strategy so you can gather the necessary

information in the fastest manner possible with minimal

disruption to the work force.

When speaking with witnesses.

• DO prepare your questions in advance to assure that you

ask all witnesses the same questions.

• DO interview witnesses in private, and emphasize that those

with a legitimate “need-to know” will be given interview

information.

• DO take detailed notes during the interview, including the

name of the witness, the date and time of the interview,

when it was held, who was present, and -- most importantly

-- what was said.

• DO have the witness write up his/her own statement and

have him/her sign it.

After the investigation.

• DO assess the information you’ve gathered, and decide if

there’s enough evidence to make a fair and reasonable

decision.

• DO summarize your findings. Complete a report, showing

precisely how you handled the investigation and what facts

you found to be true.

• DO take appropriate action based on the facts of the

investigation. Make sure the action is consistent with policy

and past practice.

________________________________

Reprinted with permission from the Manager’s Legal Bulletin, by

Alexander Hamilton Institute, Inc., Vol. 11, No. 16 (February 15, 1997),

70 Hilltop Road, Ramsey, NJ. 07446, 800/879-2441.

What Everyone Needs to Know about

Handling Harassment

• Take the report seriously. Assure the person that the

complaint or problem is being taken seriously and that the

institution will respond to the problem promptly.

• Listen, sympathize, but don’t judge. Listen to what the

person has to say, sympathize, but make no judgment or

commitment regarding the allegations or how the

investigation will be conducted. Do assure the person that

the institution takes harassment seriously and will not

tolerate it.

• Don’t delay. If you are not the individual designated to

process harassment complaints, tell the complainant who is

responsible and offer to help contact that person. If that

person is not immediately available, tell the complainant you

will follow through immediately after this interview. Then do

it as soon as possible. Delays of even a few days can make

investigations difficult or send a signal to the complainant

that the institution is not taking the complaint or problem

seriously.

• Respond to concerns. If the complainant expresses or

indicates fear, assure the person that the institution will do

everything in its power to ensure confidentiality (but make

no promises), prevent retaliation and stop further

harassment. If you are the person designated to process

complaints or investigate them, answer any questions about

the complaint process that will not jeopardize the

investigation. If you are not the appropriate person to

process a complaint, assure the complainant that his or her

questions will be answered by the appropriate person.

• Document. Write a detailed summary of what the

complainant told you, including your observations of the

person’s demeanor. Submit it to the individual who will be

processing the complaint.

• Follow up on the complaint. Check with the complainant the

next day to ensure that he or she is getting needed

assistance.

• Avoid using “Dangerous Words,” such as “It’s just

teasing—no big deal.”

________________________________

Reprinted by permission of the Educator’s Guide to Controlling Sexual

Harassment, Thompson Publishing Group, Inc., Washington, D.C., tel:

202/872-4000, http://www.thompson.com.

Legal Issues Associated With

Investigations

• Confidentiality. Tell persons interviewed that you will try to

ensure that the complaint process will be kept as private as

possible. But DO NOT PROMISE COMPLETE

CONFIDENTIALITY because that may be impossible to

deliver. Restrict all comments to a “need-to-know” basis.

• Non-retaliation. While absolute confidentiality cannot and

should not be promised to anyone involved in a harassment

investigation, a pledge of non-retaliation can and should be

made immediately.

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98 Protecting Students from Harassment and Hate Crime

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• Defamation. Avoid making any statement or comment about

an alleged harasser. Restrict all comments to a “need-toknow” basis and have solid proof to substantiate any

comments made to those entitled to hear them.

• Safeguard documents. Keep pertinent records and

documents safe and restrict access to those who have a

legitimate need to see the information.

________________________________

Reprinted by permission of the Educator’s Guide to Controlling Sexual

Harassment, Thompson Publishing Group, Inc., Washington, D.C., tel:

202/872-4000, http://www.thompson.com.

On What Should Investigations Focus?

• On the effect of the behavior.

• On expected standards of behavior, as delineated in the

policy, training, handbooks, etc., to see that they have been

met.

• On context. When, where and in front of whom did the

alleged action take place? Was it public or private? Were

there witnesses? Did the situation occur on the job, on the

campus or off the premises? Was it education or businessrelated? How were remarks spoken and body language

used?

• On welcomeness. Was the behavior welcome? Was there a

prior relationship? (Remember that a prior relationship is

not a defense against sexual harassing behavior.)

• On patterns of behavior. Previous harassment? Prior

unfounded complaints? Weak performance and

evaluations?

• On establishing credibility. Seek corroboration. Consider

timing of complaint and whether the complainant’s delay in

reporting it was justifiable.

Seek corroboration by determining if the complainant:

• told someone else about what happened;

• wrote about the behavior in a diary;

• changed behavior (e.g., dropped a course, experienced

lower grades, avoided the alleged harasser, withdrew

socially, developed symptoms of worsened physical or

emotional health); or

• wrote a letter to the alleged harasser about the behavior.

________________________________

Reprinted by permission of the Educator’s Guide to Controlling Sexual

Harassment, Thompson Publishing Group, Inc., Washington, D.C., tel:

202/872-4000, http://www.thompson.com.

How to Ensure a Successful Investigation

• Take all complaints and claims seriously. Never belittle,

downplay or ignore a claim.

• Keep an open mind. Do not presume guilt or innocence. Do

not make determinations based on the appearance, position

or reputation of the people involved.

• Investigate promptly. Try to begin with 24 hours and end

within 10 days, if at all possible.

• Document all parts of the investigation. Create a separate

confidential file accessible only to investigators that includes

interview notes, corroborating documents and the final

written report. Check with legal counsel about obtaining

signed statements from all parties. Do not require

complainants to write a statement or complaint themselves

if they prefer to make oral statements. However, they should

agree with any statement you have put in writing and so

indicate by initialing or signing it.

• Preserve privacy. Ask parties not to discuss the

investigation except with designated personnel. Explain the

reason for this, and that this is a request, not an order.

• Act in a neutral and professional manner. Remain calm and

appropriately sympathetic, but do not take sides.

________________________________

Reprinted by permission of the Educator’s Guide to Controlling Sexual

Harassment, Thompson Publishing Group, Inc., Washington, D.C., tel:

202/872-4000, http://www.thompson.com.

Archived Information
Appendix B: Checklists & Protocols 99

B: Checklists

Checklist and Survey:

Is Harassment a Problem

in Your School?

by Marta Larson

THIS ASSESSMENT has two parts: a checklist and a survey.

The checklist is intended to help school personnel assess their

school or district’s effort to prevent harassment from

occurring. The survey is intended to help school personnel

assess the level of harassment actually occurring in their

building. The survey does not ask the actual number of

harassment events that occur but rather assesses general

awareness of harassment events.

The checklist and survey can be used separately or together.

They apply to harassment of both students and staff. You may

want to include a definition of harassment (see pages 14-16)

when circulating these materials, along with an explanation of

how the results will be used and reassurance that individual

responses will be kept confidential. The checklist and survey are

updated versions of my checklist and survey originally published

in Title IX Line, Vol. IV, No. 1, Fall, 1983, by our office.

Checklist: What Has Been Done to

Prevent Harassment in Your School?

Check each action that has been taken in your school or

district, count the number of check marks, and turn to Scoring

the Checklist to see how your district rates.

1. Do you have a specific policy against harassment and a

written code of conduct that publicizes it?

__ Do you have such a policy?

__ Does the policy address sexual, racial/ethnic, sexual

orientation, and differently-abled harassment?

__ Does the policy contain the minimum elements of a

definition, procedures, sanctions, and prescribed method

for notifying people?

__ Is there a procedure to inform new employees and

students of the policy?

__ Is there any reference to harassment in the student

discipline code?

__ Does the student handbook contain policy language

regarding harassment?

__ Does the employee handbook contain policy language

regarding harassment?

__ Do union contracts and affirmative action plans for the

district contain policy language regarding harassment?

__ Are student job training work sites notified of the

harassment policy?

__ Are vendors and salespersons visiting the district apprised

of the policy?

2. Do you have a grievance procedure to handle complaints

about harassment and to monitor its effectiveness? (This may

or may not be the same as other grievance procedures.)

__ Do you have a grievance procedure for harassment?

__ Does the grievance procedure provide an opportunity for

informal consultation and, where appropriate, informal

resolution before moving into formal procedures?

__ Does the grievance procedure provide for impartial

investigation that includes fact finding, careful review, due

process, and opportunity for appeal?

__ Does the grievance procedure include an appropriate

remedy based on the severity of offense and institutional

corrective action where there is a finding of harassment?

__ Has information about this procedure been disseminated to

employees and students?

__ Is a similar grievance procedure written into any union

contracts?

__ Has this procedure been disseminated to vendors and

salespersons visiting the district?

3. Are you prepared to receive and respond to complaints?

__ Is there at least one complaint manager in every building in

the district, including non-instructional sites such as the

bus garage or district administration building?

__ Are there complaint managers of both genders, and is the

group balanced by ethnicity, race, and linguistic group?

__ Do all students and staff know the name and location of at

least two complaint managers?

__ Are those wishing to file a complaint allowed to go to any

complaint manager they feel comfortable with, rather than

being required to see the one in their building?

__ Have the complaint managers and investigators received

regular yearly training?

__ Do the complaint managers meet on a regular basis to

engage in group problem solving and to identify their needs

for further training and support?

__ Are the complaint managers given released time from their

regular duties to attend to complaint management and

record keeping tasks?

__ Do the complaint managers have access to training and

legal advice regarding the proper processing of complaints

and potential legal liability?

__ Do administrators work cooperatively with complaint

managers, i.e., are sanctions and remedies actually

applied?

__ Does the administration and school board receive regular

statistical reports by building and district regarding the

number and type of formal and informal complaints filed

and their disposition?

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100 Protecting Students from Harassment and Hate Crime

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4. Do you foster an atmosphere of prevention by sensitizing

students and staff to the issue of harassment? Does the

definition of harassment make it clear that sexual, racial/

ethnic, sexual orientation, and differently-abled harassment

are included?

__ Does the district mission statement reflect a commitment

to mutual respect for all people?

__ Has there been a training program for district

administrators in the past two years?

__ Has there been a training program for district employees

including job training supervisors in the past two years?

__ Has there been a training program for students in the past

two years?

__ Do staff members model the use of appropriate language

and behavior at all times?

__ Are pamphlets and/or posters advising students and

employees about the nature of harassment and its legal

implications easily found around the school?

__ Has a school-wide conference or speakout been held to

sensitize the school community to the issue of

harassment?

__ Is information about preventing harassment and what to do

if it occurs a routine part of the K-12 curriculum?

__ Do staff members promptly intervene in situations where

they observe harassment?

__ Is offensive graffiti that violates the harassment policy

promptly removed?

__ Do student leaders take an active role in the effort to

prevent harassment?

__ Have events where harassment flourishes, such as “flipup” days and pep rally cross-dressing skits, been

eliminated?

__ Have past incidents of harassment been resolved fairly and

appropriately?

__ Do students and staff members feel comfortable talking

openly about harassing incidents, problematic areas, and

attitudes?

5. Have you reached out to populations of students known to

be particularly vulnerable to harassment?

__ Have support groups been established for students enrolled

in vocational or academic classes that are nontraditional for

their gender, race, or ethnicity?

__ Are students who drop vocational or academic classes that

are nontraditional for their gender, race, or ethnicity routinely

surveyed to establish the reason for dropping and to

determine whether harassment played any role in their

decision?

__ Are student placement work sites routinely visited and

evaluated for freedom from harassment?

SCORING THE CHECKLIST

37-44 points: Your district has obviously embarked upon a

well planned and determined effort to eliminate harassment.

27-36 points: Although your district has many good points in

its efforts to prevent harassment, there are still a few areas

where improvements should be made. Locate the points on

the checklist that you didn’t check off and consider how you

can improve the situation in those areas.

17-35 points: While you are making some efforts to prevent

harassment in your district, you need to supplement that effort

in many areas. Consider administering the survey to determine

the level of harassment in your district, and use the results of

the survey to begin identifying areas to concentrate on.

0-16 points: Your district should examine this issue from the

standpoint of legal liability. Assess district policies and work

toward basic awareness of the problem within the district. Set

specific deadlines for completing each phase of the effort.

Consider asking for assistance from an outside agency such

as the Programs for Educational Opportunity.

Survey: Is Harassment a Problem

in Your Building?

Please answer these questions as best you can.

1. Do you know of instances of harassment that have

happened in your building?

__ yes __ no

If yes, what kind of harassment was it? (Check all that apply):

__ sexual __ racial/ethnic

__ sexual orientation __ differently-abled

If yes, was the harassment between:

__ students/students __ students/staff __ staff/staff

How many instances have you heard of in the past year?

__ one __ two to five __ six or more

2. Do you know of students who have dropped a class or had

their grades affected because of harassment?

__ yes __ no

How many instances have you heard of in the past year?

__ one __ two to five __ six or more

3. Do you know of staff members who were denied

promotions, were fired, or who quit because someone

harassed them?

__ yes __ no

How many instances have you heard of in the past year?

__ one __ two to five __ six or more

Archived Information
Appendix B: Checklists & Protocols 101

B: Checklists

4. In cases of harassment that you know about, what did the

victim do? (Check all that apply.)

__ ignore it

__ complained to school authorities

__ told harasser to stop

__ complained to someone outside the school

__ went along with it

5. What happened in cases of harassment which you know

were reported to school authorities? (Check all that apply.)

__ the charge was found to be true

__ nothing happened

__ the charge was found to be false

__ the charge is still being processed

__ action was taken against the harasser

__ do not know what happened

__ action was taken against the victim

6. In cases of harassment which you know of, if the victim did

nothing, why do you think she/he did nothing? (Check all that

apply.)

__ did not know what to do

__ did not want to hurt the harasser

__ didn’t think it was necessary to report

__ was too embarrassed

__ didn’t think anything would be done

__ didn’t know it was against policy

__ was afraid the harasser would get even

__ thought it would make him/her uncomfortable with

her/him in building

__ didn’t know it was against policy

7. How widespread do you think harassment is in this

building?

__ it goes on all the time

__ it only happens to a few people

__ it happens to a fair number of people

__ it doesn’t happen

Please check the categories that best apply to you:

__ male __ female

Your race/ethnicity? ___________________

Main language you speak? ___________________

Are you a __ student __ staff member __ other?

(If other, please specify.) _________________________

________________________________

Reprinted with the permission of the Programs for Educational Opportunity,

University of Michigan School of Education, from “Abolishing Harassment,”

Equity Coalition, Volume IV, No. 1, Spring 1996.

Archived Information
102 Protecting Students from Harassment and Hate Crime

B: Checklists

Archived Information
Appendix B: Checklists & Protocols 103

B: Checklists

Hate Crime School Survey

School Name ______________________ Elementary _______ Middle _______ Junior _______ High _______

This survey is being completed during week ____ of the current school year ____________

Please indicate which of the following hostile acts have occurred during the year, the approximate number of times each act

occurred and whether the victim was a student, administrator, other employee, or general public.

1. Buildings or other parts of the school grounds defaced with words or symbols:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/ Admin.

Other School Employee

General Public

2. Racial slurs or bigoted epithets:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/Admin.

Other School Employee

General Public

3. Symbolic acts of hate, acts traditionally threatening or offensive to members of a group:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/ Admin.

Other School Employee

General Public

 4. Posting or circulating material based on stereotypes demeaning to members of a group:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/ Admin.

Other School Employee

General Public

 5. Destruction, defacing or removal of posted materials, meeting places, memorials, etc.:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/Admin.

Other School Employee

General Public

6. Destruction of personal belongings:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/Admin.

Other School Employee

General Public

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104 Protecting Students from Harassment and Hate Crime

B: Checklists

7. Physical violence:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/Admin.

Other School Employee

General Public

8. Indicate which of the following groups have been victimized by hate crime incidents at your school. Please estimate the approximate percentage of total incidents suffered by each group:

Victim Group % of Total Incidents

African American ________________

Arab/Middle Eastern ________________

Asian/Pacific Islander ________________

Filipino ________________

Latino ________________

Native American Indian/Alaska Native ________________

White ________________

Christian ________________

Islamic/Muslim ________________

Jew ________________

Gay/Lesbian ________________

Other________________ ________________

9. On a scale of 1-10, please rate what you believe to be the comfort level of the overall school population with each group (1= very

uncomfortable, 10 = very comfortable)

Victim Group School Population Feels

African American ________________

Arab/Middle Eastern ________________

Asian/Pacific Islander ________________

Filipino ________________

Latino ________________

Native American Indian/Alaska Native ________________

White ________________

Christian ________________

Islamic/Muslim ________________

Jew ________________

Gay/Lesbian ________________

Other________________ ________________

10. In the cafeteria and the classroom, do group members tend to sit only or primarily with members of their own group? If so,

indicate for which groups this is true.

Victim Group Members Keep to Themselves

African American ________________

Arab/Middle Eastern ________________

Asian/Pacific Islander ________________

Filipino ________________

Latino ________________

Native American Indian/Alaska Native ________________

White ________________

Christian ________________

Islamic/Muslim ________________

Jew ________________

Gay/Lesbian ________________

Other________________ ________________

Archived Information
Appendix B: Checklists & Protocols 105

B: Checklists

11. During the current school year, have you seen what you believe to be evidence of the presence of “supremacist” groups in your

school such as Neo-Nazis or Ku Klux Klan?

Yes ______ No ______

If yes, name groups and what made you notice them.

Group Evidence of presence on campus

___________________________________________________________________________________________

___________________________________________________________________________________________

____________________________

Reprinted with permission from Hate Crime: A Sourcebook for Schools Confronting Bigotry, Harassment, Vandalism and Violence,

Cristina Bodinger-DeUriarte and Anthony R. Sancho (1991), Southwest Center for Educational Equity, Southwest Regional Laboratory, 4665 Lampson Avenue, Los Alamitos, CA 90720.

Archived Information
106 Protecting Students from Harassment and Hate Crime

B: Checklists

Archived Information
Appendix B: Checklists & Protocols 107

B: Checklists

Addressing Racial Harassment

A self-evaluation and planning guide for

school districts

I. POLICIES/AWARENESS/EDUCATION

Formal Policy. Have we taken a formal position that racial

harassment is contrary to district policy? Has our position

been approved by the appropriate level of authority in the

district?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Is our policy clear, comprehensive, and consistent with legal

requirements?

• Addresses racial harassment in district programs and activities.

• Is sufficiently broad to address the range of incidents where

the district can be responsible, including harassment

perpetrated by staff, agents, students, or others.

• Have we sought external review by persons or agencies

knowledgeable of civil rights requirements?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Do we take steps to ensure our policy is made known to all

interested persons (e.g., post notice on bulletin boards,

newspapers, district publications, mailings, copies maintained

by designated officials, etc.)?

• How is it disseminated to:

students _______________

parents _______________

staff _______________

• Is the notice recurring/ongoing?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Have we designated a person or persons to coordinate our

efforts to promote awareness and racial harmony?

• Does this person have adequate time and support to

effectively execute these responsibilities? How do we

determine whether appropriate support is provided?

• Is this person encouraged to present information regarding

needs to administrators responsible for supporting such

activities? How?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Have we consulted with a diverse cross section of persons to

identify needs and generate ideas for educational/awareness

activities?

Staff ____________

Parents ____________

Students ____________

Experts in the field ____________

Elected officials ____________

Business community ____________

Other community interests ____________

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

What steps should we take to promote cultural awareness,

understanding, and mutual respect? Should we consider other

(additional) activities (e.g., classroom activities, student

advisory groups, extra-curricular cross-cultural appreciation

activities such as art, music, student exchanges, guest

speakers, field trips, cultural fairs, etc.)?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Is our plan of training and other multicultural awareness

programs effective?

• What is the feedback from staff and students regarding the

effectiveness of these activities?

• Do we need to establish a specific interval to reevaluate our

success?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Archived Information
108 Protecting Students from Harassment and Hate Crime

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Do we have a crisis intervention plan?

• Have we had training on how to address a crisis?

• What situations call for outside assistance?

• Who has authority to set the plan in motion?

Notes:______________________________________________

___________________________________________________

II. COMPLAINTS/REMEDIES

Are our internal methods for handling concerns or complaints

clear and well known? Have we determined that our methods

of notice are effective?

• Do persons with concerns or grievances receive information

on how to present them (to whom) and what steps will be

followed when they use our process(es)?

• Are staff aware of the grievance process so they are

prepared to respond to inquiries?

• Do we provide informal as well as formal avenues?

• How is the information regarding raising concerns or

grievances disseminated? Is it published?

• Have we determined whether notice is reaching those who

may need to present concerns or grievances?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Do our methods of addressing a grievance ensure

thoroughness, fairness, and impartiality (i.e., provide due

process)?

• Are the staff involved in carrying out the process fully

informed of the legal requirements in this area? How?

• Do we provide for an impartial investigation of complaints?

How do we ensure this impartiality?

• Do we provide a full opportunity to provide evidence? How?

• Do we communicate our decisions (and the bases for such)

clearly in writing? How and to whom?

• Do we reach prompt decisions? Do we have standards for

timeliness? Do we adhere to our standards?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Do we provide for effective remedies where there has been

discrimination?

• Do we have standards that ensure our remedies fully correct

the harm or injury?

• Are our remedies effective at preventing a recurrence? How

do we evaluate the effectiveness of our remedies?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Do we have a person designated to coordinate our complaint

procedures? Are they provided training and information on

their duties?

• Do we need to establish a specific interval to reevaluate the

overall effectiveness of our complaint procedures?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

III. ONGOING REVIEW

Do we have an ongoing and periodic review of our overall

efforts to address racial harassment?

• Is there a person responsible to initiate our periodic review?

• Have we established a specific interval for our review?

• Have we ensured the review will be comprehensive?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

________________________

From the U.S. Department of Education, Office for Civil Rights,

Western Division, Seattle Office.

Archived Information
Appendix B: Checklists & Protocols 109

B: Checklists

Responding to Hate-Motivated Behavior

Schools must have a clear set of procedures to follow when

responding to hate-motivated incidents. Steps that ensure the

safety of the victim, provide for appropriate disciplinary action

for the perpetrator, and establish a standardized reporting

system are important procedures to have in place at every

school site.

Immediately:

1. Stop the behavior and address the problem. Discuss the

incident with the student(s) involved and interview possible

witnesses. Provide immediate and reasonable consequences

for the perpetrator (based on school and district disciplinary

guidelines).

Later the same day:

2. Provide immediate staff response to all reports of hatemotivated incidents. Notify school administrators and law

enforcement officers of the incident and request assistance, if

necessary. Get assistance for the teacher if he or she is

uneasy in dealing with this issue.

3. Activate all student rumor control networks on campus so

that they can disseminate accurate information across the

campus before rumors spread.

4. Provide victims of hate-motivated behavior or crime with

support and assistance, including referral to victim support

agencies, if appropriate.

5. Inform the victim’s and perpetrator’s parents that the school

is taking the incident seriously. Ask family members whether

they are aware of any indicators of hate-motivated behavior at

home and whether their observations may be documented and

shared.

6. Report in writing all hate-motivated behavior. Reports

should include a description of the behavior and name(s) of

the student(s) involved. Inform the district office staff of all

planned follow-up activities (refer to Appendix C).

7. Follow the district’s media relations plan so the assigned

spokesperson can take command of distributing the

information quickly and accurately.

As soon as possible:

8. Proceed with appropriate disciplinary action consistent with

district policy and the California Education Code. Law

enforcement officers may proceed with a concurrent

investigation based upon California Penal Code violations.

9. Provide appropriate sensitivity training and diversity

education for the perpetrators and their families.

10. Implement follow-up activities with the students, staff, and

community:

• Have law enforcement officers take photographs of graffiti

and have district personnel paint out all graffiti before

students arrive at school so that the message is not seen by

students.

• Work with students who are in formal and informal

leadership roles to plan activities which will restore campus

harmony: e.g., campuswide “No Put-Down” campaigns.

• Utilize school or district crisis response teams to support

the students.

Preventing and Responding to

Hate-Motivated Behavior

Preventing Hate-Motivated Behavior

Teachers, principals, counselors, parents, grandparents, and

extended family members should model behavior for children

which promotes dignity, respect, and appreciation of diversity

for people from all backgrounds and cultures.

It is the school’s responsibility to ensure that established school

district standards of behavior are followed. Standards should

promote respect for all people and for oneself. School personnel

must demonstrate to students that each person is valued as are

all cultural differences brought from home to school.

A Suggested Process

Specify the rules of conduct in documents, speeches, and

orientation sessions that are held with students and faculty.

Include the district and school policies concerning bigotry, all of

the activities considered to violate policies and constitute

unacceptable behavior, the procedures for reporting a hate crime,

and the consequences for those who commit any hate-motivated

behavior.

Assess the existing school climate, review incident reports, and

identify potential problems. Perform a Hate Crime School Survey*

at the site and use the data to develop strategies for reducing

hate-motivated incidents. Analyze the data to improve programs.

Adopt a curriculum or supplement the current curriculum through

course content which includes or enhances multicultural

components. Provide staff training which will help teachers to

respond immediately and appropriately to hate-motivated

incidents in the classroom, accurately report hate-motivated

incidents, and provide needed assistance for the victim and

offender.

Provide workshops for teachers, parents, families, and

community partners which teach the importance of setting

examples and provide the opportunity for participants to

model positive behavior toward youths.

Involve community partners, such as government agencies,

law enforcement, and other school sites, as resources. These

partners are valuable resources for helping develop effective

prevention plans.

Support student activity programs that promote appreciation

and respect for differences among people. Support afterschool, evening, and weekend events which demonstrate how

students can harmoniously work together, learn from one

another, and resolve conflicts among members of a dissimilar

student body. Encourage existing student-focused programs

promoting dignity and physical and emotional safety for all

students. (refer to Resources).

* See Cristina Bodinger-deUriarte and Anthony R. Sancho, Hate Crime: A

Sourcebook for Schools Confronting Bigotry, Harassment, Vandalism,

and Violence. Southwest Regional Laboratory, 4665 Lampson Ave., Los

Alamitos, CA 90720.

________________________________

Reprinted with permission from Hate-Motivated Behavior in

Schools, Response Strategies for Administrators, School

Boards, Law Enforcement and Communities, Alameda County

(CA) Office of Education (1997).

Archived Information
110 Protecting Students from Harassment and Hate Crime

B: Checklists

• Provide staff with effective strategies on how to respond to

taunts and slurs in the classroom: e.g., establish “No Slur

Zones” in the classroom or perform sensitivity exercises

with students.

USING THE TEACHABLE MOMENT.

Teachers need to be provided the necessary training which

enables them to recognize and appropriately respond to

hate-motivated incidents that occur in their classrooms.

When teachers are aware of such acts and are comfortable

responding to them, they can use this teachable moment to

talk with students. This discussion helps students to

understand the damage and hurt that can be brought about by

such behavior.

________________________________

Reprinted with permission from Hate-Motivated Behavior in

Schools, Response Strategies for Administrators, School

Boards, Law Enforcement and Communities, Alameda County

(CA) Office of Education (1997).

Working with Victims and Perpetrators

A student’s embarrassment or fear of retribution often

prevents the student from reporting the incident. Staff

members must strive to maintain an atmosphere of trust,

safety, and confidentiality so that students feel comfortable

sharing their experiences.

School staff should provide support in the following ways to a

student victimized by hate-motivated behavior:

1. Assist the victim in filling out any required school district

and law enforcement reports and be sensitive to any cultural

and language needs of the student. The staff should also

encourage the student to inform his or her parents about the

incident.

2. Help the student preserve evidence from the incident,

including written materials, drawings, and graffiti. Staff should

also help the student identify responsible parties and possible

witnesses.

3. Ensure that the student receives appropriate medical

treatment or counseling support. Often the student will minimize

the injury or harm and refuse such assistance. Staff should still

offer the immediate assistance and longer-term support.

4. Offer the student and family assistance in contacting other

resources, such as law enforcement, victim-witness assistance

programs, local media, and community organizations.

5. Break through feelings of isolation the student might have

by encouraging discussions with and support from family,

friends, and other students.

6. Assure the student that the school will treat the incident

with appropriate seriousness by using classroom and group

settings to talk about what makes a school feel safe and

secure. Assure the student that the staff will work hard to

create a safe environment for all students.

School staff should work in the following ways with a student

who has perpetrated a hate-motivated act:

1. Talk with the perpetrator and try to determine his or her

level of intent to hurt or harm. Determine whether the student

has had any prior contact with other hate groups on campus,

in the neighborhood, or through the Internet.

2. Assist the perpetrator in contacting his or her parents and

arrange for any necessary meetings with the school or police.

When meeting with parents, be alert to any verbal clues

regarding hate-motivated feelings.

3. Explain what type of forms will be filled out and how the

student’s behavior is going to be described and reported.

Inform the perpetrator as to what disciplinary action will be

taken.

4. Consider, if appropriate, face-to-face discussions with the

victim (restorative justice techniques). Be sensitive to public

ridicule and embarrassment because that rarely changes a

person’s behavior for the better.

5. Promote rehabilitation and higher levels of awareness for

perpetrators and parents by having them view videos, read

stories, and perform meaningful, positive deeds within the

community.

________________________________

Reprinted with permission from Hate-Motivated Behavior in

Schools, Response Strategies for Administrators, School

Boards, Law Enforcement and Communities, Alameda County

(CA) Office of Education (1997).

Working with the Media

Schools cannot wait until hate-motivated incidents become a

concern before developing a media-response plan. Having

clear procedures in place before an occurrence will help avoid

ill-prepared confrontations with the media.

Preparing Before an Incident

Confer with district-appointed media spokespersons to

develop a clear strategy. Document the plan and keep it

accessible. Maintain an accurate list of media addresses so the

appointed spokesperson can send a news release quickly to

control rumors and calm the community. Remember to

include the ethnic press and radio and cable television

stations.

Designate a capable, accessible individual and a back-up

contact at each school site to field media calls. Name these

contacts in written school procedure papers in case legal

action is taken later.

Know state laws and district policies as they relate to hatemotivated behavior.

Have appropriate staff members attend a media-awareness

workshop and in-service training on the district’s media

guidelines.

Form cooperative working relationships with the press before

an incident occurs. Be sensitive to the media’s reporting

deadlines and balance them against the need to gather

accurate information. When prepared ahead of time, the

Archived Information
Appendix B: Checklists & Protocols 111

B: Checklists

district, not the media, will be able to take charge of the

interview.

Prepare a boilerplate statement and news release ahead of

time. Take time to construct responses to anticipated

questions. Think through answers carefully; get legal advice

when possible (refer to Appendix D).

Link with other “zones of influence,” such as schools,

churches, and YMCAs, to share ideas.

Responding After an Incident

Maintain a professional tone and take the time to thank the

media for their concern. Do not become defensive.

Set up a press conference if warranted. This allows the district

to answer all questions at one time, ensuring uniform

dissemination of information.

Assign a district team to protect the victim and perpetrator

from the media. Meet with the families and assist them in

dealing with reporters.

Invite the media back to the school at a later date to observe

positive campus activities. Examples of these activities are:

• Curriculum instruction and activities that teach students

about the importance of accepting and appreciating diversity

among people

• Schoolwide presentations or programs that highlight

cultural pluralism

• School and community partnership activities that promote

the value and importance of all children

________________________________

Reprinted with permission from Hate-Motivated Behavior in

Schools, Response Strategies for Administrators, School

Boards, Law Enforcement and Communities, Alameda County

(CA) Office of Education (1997).

Archived Information
112 Protecting Students from Harassment and Hate Crime

B: Checklists

Archived Information
Appendix B: Checklists & Protocols 113

B: Checklists

Sample Hate-Motivated Behavior Incident Report

School District

I. Incident:

School _______________________________________________________________

Location_______________________________________________________________

Date _________________________________________________________________

Time _________________________________________________________________

Form completed by _____________________________________________________

Phone _______________________________________________________________

Title__________________________________________________________________

2. Perpetrator(s):

Perpetrator

Ethnicity attend school?

Male Female A Al/AN B F H PI W Grade Yes/No

1

2

3

4

3. Victim(s):

Perpetrator

Ethnicity attend school?

Male Female A Al/AN B F H PI W Grade Yes/No

1

2

3

4

4. Type of Bias:

__ Race __ Sexual Orientation __ Religion __ Sex (gender)

__ Disability __ National Origin __ Other:_____

5. Type of Incident:

PERSONAL PROPERTY

__ Body language/gestures __ Physical assault - __ Graffiti

__ Verbal slurs/threats no weapon(s) used __ Property damage

__ Harassment __ Physical assault - __ Arson

__ Extortion/theft weapon(s) used __ Cross burning

__ Other:_____________

(See page 3 for instructions on completing the form.)

Reprinted with permission from Hate-Motivated Behavior in Schools, Response Strategies for Administrators, School

Boards, Law Enforcement and Communities, Alameda County (CA) Office of Education (1997)

Ethnic Code Key

(taken from

CBEDS)

A—Asian

AI/AN—

American Indian

or Alaskan Native

B—Black, not of

Hispanic Origin

F—Filipino

H—Hispanic

PI—Pacific

Islander

W—White

Archived Information
114 Protecting Students from Harassment and Hate Crime

B: Checklists

6. Narrative Description of Incident

7. Action Taken

8. Assistance Needed at Site to Prevent Further Incidents

9. Additional Comments

I0. Other Agency Reports Filed?

__ Yes __No Agency/report title/number/name ___________________________________

This incident reporting form originated from Freedom From Fear, a final report of the California Lieutenant Governor’s

Commission on the Prevention of Hate Violence, May, 1992. Reprinted with permission from Hate-Motivated Behavior in

Schools, Response Strategies for Administrators, School Boards, Law Enforcement and Communities, Alameda

County (CA) Office of Education (1997).

Archived Information
Appendix B: Checklists & Protocols 115

B: Checklists

Instructions for Filling Out the Incident

Report Form

Following instructions carefully will ensure uniform reporting

for all sites. It is important for each site to record all hatemotivated incidents so that the district may plan appropriate

interventions.

The Purpose of Hate-Motivated Behavior Incident Reporting

Hate-motivated behavior is a contemporary issue that schools

cannot afford to ignore. The board has resolved to require all

hate-motivated incidents to be reported using the HateMotivated Behavior Incident Report. The district, along with

local law enforcement personnel, will use information gathered

from these forms to shape a program of interventions aimed

at preventing recurrence or escalation of problems in schools

and neighborhoods where patterns of hate crimes emerge. We

urge your cooperation in using this form.

Filling Out the Form

1. Incident:

School, Location, Date, and Time. This information refers to

the incident itself. Be as specific about the location as possible

(e.g., SE corner of upper playground, in hallway by classroom

X, corner of Tennyson and Ruus).

Form Completed by. Enter the name and title of the person

completing the form (you). If possible, include a phone

number where you can be easily reached.

2. Perpetrator(s): Enter data regarding those who started or

were the aggressors of the incident. The “Perpetrator attend

school?” box refers to whether the perpetrator was a student

at the school or not. If there are more than four perpetrators,

mention should be made in the narrative section (item 6).

3. Victim(s): Enter data regarding those who were the victims

of the incident. Again, if there are more than four victims, note

that in the narrative section (item 6).

4. Type of bias: This check-off section is intended to represent

your best judgment about the motivation behind the actions

which led to the report. It may be helpful to interview the

victims and the perpetrators in order to ascertain the true

motivation. “Other” should be used if none of the six

categories accurately describes the motivation.

5. Type of incident: The definition should be self-explanatory.

Harassment is a pattern of the first two personal incidents

repeated over time. “Other” should be used to describe either

personal or property damage not covered by the categories.

6. Narrative description: Be as specific as possible in order to

give a clear picture of the dynamics and scale of the incident

to anyone trying to plan interventions. Attach separate

sheet(s) if necessary.

7. Action taken: What steps did you take, or do you plan on

taking, in response to the incident? What, if any, school

district reports were filed?

8. Assistance needed: What type of district support do you

believe might be useful in addressing the hate-crime pattern at

your site?

9. Additional comments: Indicate any additional relevant

information you feel is important.

10. Other reports: Record any disciplinary action taken under

California Education Code Section 48900.3 or any work orders

for graffiti removal if related to hate-motivated crime.

________________________

Reprinted with permission from Hate-Motivated Behavior in

Schools, Response Strategies for Administrators, School

Boards, Law Enforcement and Communities, Alameda County

(CA) Office of Education (1997).

Archived Information
116 Protecting Students from Harassment and Hate Crime

B: Checklists

Archived Information
Appendix B: Checklists & Protocols 117

B: Checklists

Preventing Hate Speech,

Behavior and Crime:

A School Site Count-Down Primer

by Hilda Quiroz

This collection of ideas and resources may lead to a response

specific to the needs of a school site as it prepares or

continues to respond to hate motivated behavior. At best, the

list is a compass as it communicates the direction of trends

and practices in the field of violence prevention and, at

minimum, a time-saver as it compiles a collection of

springboard resources, issues and ideas.

Contents

10 Websites to Visit

9 Promising Violence Prevention Approaches

8 Questions to Ask About Your School Community

7 Ideas to Turn Cultural/Historical Celebrations Into

 Meaningful Anti-Bias Activities

6 Prevention Skills to Teach Kids

5 Behavior Theories and Models to Recognize and Understand

4 Goals of an Anti-Bias Curriculum

3 Content Themes to Teach

2 Key Elements of Positive Relations to Build Upon

1 Truth about the Kids We Teach

10 Websites to Visit

• Teaching Tolerance Magazine: classroom activities and

resources K-12

www.splcenter.org/ teachingtolerance / tt-l.html

• Not In Our Town/Not In Our Town II: videos, catalyst for

discussion, curriculum, model campaign and forums

www.igc.org/an/ NIOT.html [not in service]

• Search Institute: Developmental Assets research / resources

www.search-institute.org

• Anti-Defamation League: classroom videos, curriculum K-12

www.adl.org

• Creating Safe Schools: sexual harassment and sexual

orientation

www.youth.org/loco/PERSONProject/Handbook/

appendix9.html

• Hate-Motivated Behavior in Schools Manual: download

www.cde.ca.gov/spbranch/safety/crym.html

• STAR (Students Talk About Race) Note: Bay Area program

temporarily down but worth investigating

www.pfaw.org/star/home.html

• Multicultural Pavilion at the University of Virginia:

multicultural education, curry.edschool.virginia.edu/go/

multicultural/

• Juvenile Justice Clearinghouse: Healing the Hate: National

Bias Crime Prevention Curriculum for Middle Schools

(document # 165479)

www.ncjrs.org

• Resolving Conflict Creatively Program, National Center:

Dynamite Site! for educators and school sites

www.benjerry.com/esr/index.html [not in service]

9 Promising Violence Prevention Approaches

• Partnerships that include family, peers, community and the

media.

• Programs at all grade levels K-12.

• Programs that meet the developmental needs of students.

• Program content that promotes personal and social skills.

• Interactive teaching techniques.

• Ethnic identity/culturally sensitive material matched with the

needs of the target population.

• Teacher training and staff development that ensures fidelity

to your program.

• Activities that promote a positive school climate.

• Activities that model and foster norms against violence,

aggression and bullying.

Note. To date no one has identified the precise elements of

effective violence prevention programs. These approaches

come from expert assumptions and findings from other

prevention fields. There are several program evaluations

underway at present that are being funded by the CDC.

Modified from the Journal of School Health, December 1997.

8 Questions To Ask About Your School

Community

• What evidence of hate incidents or crimes exist in our larger

community?

• What is the evidence or potential for hate motivated

behavior at our school site?

• Is my staff trained to recognize and productively respond to

hate speech and behavior?

• Can my staff accurately report a hate motivated incident?

• Can my staff support both the victims and perpetrators of

hate motivated behavior?

• What kinds of classroom programs do we have that teach

students the information, skills and attitudes to recognize,

respond to or resist hate motivated behavior?

• What kinds of school site activities do we have that model

the behavior norms that prevent hate speech and behavior?

• What community partnerships exist or need to be

established to prevent and respond to hate motivated

behavior?

Archived Information
118 Protecting Students from Harassment and Hate Crime

B: Checklists

7 Ideas to Turn Cultural/Historical Celebrations

Into Meaningful Anti-Bias Activities

• Begin by viewing your cultural/historical celebrations

calendar as a potential anti-bias curriculum.

• Design your calendar of events to genuinely reflect the

face of your school community.

• Examine your calendar and identify a core of themes or

values that weave through all the events. Communicate

these themes year round. Highlight and connect these

common themes to your observances and celebration

activities.

• Tap your family and larger community to insure that your

activities do not present misinformation, stereotypes, or

misuse symbols or activities. Strive to build an awareness

and understanding of a culture beyond a way of dress, a

kind of music or dance or food.

• Identify structured and purpose-driven classroom activities

and opportunities for dialogues to accompany the events.

Treat the event day like a quality lesson plan with identified

objectives, from an opening right through the opportunity

for reflection and closure.

• Commit the time, staff and resources needed to orchestrate

the program. Student representation is a must. Tap

students beyond the traditional student activities council.

• Build the program into a predictable pattern of events each

year that opens meaningful dialogues, connects school to real

life, people and families, validates differences as gifts and

strengths, identifies similarities, and builds respectful and

trusting relationships for the best and most trying times

ahead.

6 Prevention Skills to Teach Kids

• Communicating to

- express oneself interpersonally.

- resist pressure.

- negotiate and manage conflict.

- advocate for the respect and well being of self and others

• Decision making

• Critical thinking and social problem solving

• Social perspective taking

• Anger management

• Accessing community resources

5 Behavior Theories and Models to Recognize

and Understand

Note. No single education, social, psychological or behavior

theory can account for all the complexities of human behavior.

Most prevention education and intervention programs exist as

an integration of ideas, definitions and proposals. Many

effective and powerful teachers in this area routinely and

instinctively apply similar ideas and approaches based on their

own teaching, learning and life experiences.

• Health Belief Model . . .The model requires students to:

define a problem behavior or risk, personalize the problem

or risk and conclude a realistic degree of personal risk

(perceived susceptibility). Students identify consequences

of the risk or behavior (perceived severity). Students

develop an expectation of benefits from using newly learned

skills, information and attitudes (perceived benefits).

Students identify strategies to reduce barriers to applying

their learning to eliminate or reduce risk (perceived

barriers). Students identify triggers, strategies to activate

“readiness” to act (cues to action). Students engage in

confidence and skill building, they demonstrate desired

behaviors (self-efficacy).

• Theory of Planned Behavior . . . This theory presents the

idea that the best predictor of a desired behavior is the

expression of behavioral intent. It requires students to: 1.

Assess their attitude toward a targeted behavior based on

their personal values, background and experience. 2.

Examine the influential norms of family, friends and the

media and assess their desire to comply with these. 3.

Develop self-confidence and self-efficacy (attitudes,

knowledge, skills) to claim, express behavioral intent and

carry out the behavior.

• Stimulus Response Theory . . . This theory posits that a

behavior can be shaped by the response to that behavior. A

teacher, school and community can reinforce the likelihood

that students will engage and promote a targeted behavior

by recognizing and rewarding, as well as celebrating

progress and achievements based on that behavior.

• Social Cognitive Theory . . .The theory transitions ideas to

suggested actions for prevention and intervention

programs.

-Provide social support.

-Include credible role models.

-Provide for self-monitoring.

-Provide for self-initiated rewards/incentives.

-Teach key skills.

-Approach the behavior change in small steps.

-Model positive outcomes.

-Teach problem solving and stress management.

-Build a value for the behavior.

-Correct misinformation and misperceptions.

-Promote the desired norm.

-Consider the student, the behavior and the environment as

a collective dynamic.

• Community Empowerment Model . . . The model presents

the need for responsive dialogues within a forum of

community partnerships. It addresses the need for a

common community agenda based on felt needs, shared

power and responsibility as well as the awareness of and

pooling of needed resources.

Sources: Bill Kane, Ph.D. UNM. Innovative Programs In Education and

Health Behavior and Health Education Theory, Research and Practice

2nd Edition, Jossey-Bass.

Archived Information
Appendix B: Checklists & Protocols 119

B: Checklists

4 Goals of an Anti-Bias Curriculum

• To foster a positive self-identity within the context of group

identity

• To facilitate knowledgeable, empathic interactions with

people who are different from oneself

• To foster critical thinking about bias

• To help children stand up for themselves and others in the

face of bias

Deman-Sparks, Louise and the ABC Task Force. Anti-Bias Curriculum: Tools for

Empowering Young Children: Washington, D.C. NAYEC, 1989.

3 Content Themes That Build/Promote the

Desired Norm

• Communication of school policy . . . negative consequences

of violence for perpetrator(s), victim(s), families and

friends, bystanders and society at large

• Information about prejudice, sexism, racism and malefemale relationships

• Courtesy, compassion, caring and respect for one another

Violence Prevention Research Center, University of Illinois and the

National School Safety Center.

2 Key Elements of Positive Relationships to

Model/Build Upon

• Trust . . . certainty . . . security . . .reliance . . .faith. . . belief

• Respect . . . honor . . . high regard . . . consideration

1 Truth about the Students We Teach

• Students who feel strongly connected to family, community

and school are at a lower risk for violence. At minimum

these relationships require genuine intention on the part of

adults, quality role models, adequate time and the highest

priority. It is out of these relationships that hope is born.

Where there is hope many good things follow . . . even in

the face of adversity.

“We Mustn’t Just Stand Against Something—

We Must Also Stand For Something”

-Hilda Quiroz, E1R Associates

Become Informed

Take responsibility for educating yourself about the issues.

Don’t take a passive role and wait for others to share their

culture or history with you. Seek out information about other

people, places, and beliefs. It’s easier to develop relationships

with individuals from other cultures and races when you show

that the learning process is mutual.

Recognize Your Own Hesitations

Confront your own discomfort about interfering in racial

tension. Face the limitations your own attitudes may place on

your ability to act. Seek information to help educate yourself

against your own pre-set attitudes, set priorities for yourself,

and be prepared to take action against hate acts.

Accept Conflict as Part of a Healthy Life-style and Learn to

Manage it

Conflict and tension are normal, healthy aspects of life. They

enable us to grow. Stop viewing conflict as bad, learn how to

recognize it, manage it and make it work for you.

Become an Active Listener

If you listen closely, you can hear people, especially young

people, tell you about hurt they have had or are having in their

lives. When you begin to see situations through their eyes, you

will begin to create healing solutions, or at least be able to

refer them to someone who can help. Sometimes it’s just a

matter of listening and showing concern.

Become a Role Model

Practice anti-bias, multicultural values in every aspect of your

daily life. Show others that you respect and value the talents

and diversity of everyone by projecting true enjoyment of

unique cultural observances. Be non-judgmental but

understand the issues of human dignity, justice, and safety,

and make it clear that these are non-negotiable.

Work Collaboratively with Others

Support efforts that combat prejudice and appreciation in all

its forms. Social change is long-term, and it is easy to get

discouraged, but together we have the strength and vision to

make a difference.

Guidelines for Challenging Racism and Other Forms of Oppression,

Cross Cultural Consultation, 1998.

TIPS FOR ADDRESSING HATE BEHAVIOR IN SCHOOL

The sample responses below might be helpful when

addressing particular situations:

Name Calling:

You seem really upset at something John has done or said.

But instead of telling John what it was that you didn’t like, you

called him a word that is used to hurt people. If you tell him

what you don’t like, it will help John not to do it again. Name

calling hurts and it doesn’t solve anything.

Exclusion:

Why did you leave Tony out?

Tony, why do you think you were left out?

What things are important about being a good playmate?

Can Tony change the color of his skin?

Can you change the color of yours?

Do you think that skin color has anything to do with being a

fun playmate?

Making Fun of Differences:

We sometimes think others are strange simply because they

are new to us. We don’t think we look or act strange because

we are used to ourselves.

Do you think we could look strange to people that don’t know

us?

When your family came here from another country do you

think they sounded funny to other people?

Do you think others made fun of the way they talked?

How do you think you would sound to other people if you were

trying to learn a new language?

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120 Protecting Students from Harassment and Hate Crime

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Harassing Behavior:

Did Sally do something to make you angry?

What do you want to accomplish by bothering her?

Do you understand that your teasing isn’t going to help you or

Sally?

Have you ever been teased?

How did you feel?

Can you think of ways that you could tell your friends not to

tease or hurt other people’s feelings?

How would you feel if you got your friends to stop hurting

someone else’s feelings?

_______________________________

Reprinted with the permission of the author, Hilda Quiroz,

Soquel, CA, tel. 831/438-4060.

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Appendix B: Checklists & Protocols 121

B: Checklists

Guidelines for Determining

Hate Motivation

Law enforcement agencies, reporting groups, government

agencies, and other victim assistance organizations use a

number of guidelines to determine whether hate motive is

involved in an incident or attack. The following are some of the

more common factors to consider. No one factor is conclusive

in itself.

1. Were the offender and victim of different racial, religious,

ethnic/national origin, or sexual orientation groups?

2. Did the victim appear to be a member of a particular racial,

religious, ethnic/national origin or sexual orientation group,

even though he or she in fact is not part of that group?

3. Were there bias-related comments, written statements, or

gestures made by the offender?

4. Were bias-related drawings, markings, symbols, or graffiti

left at the incident scene?

5. Were certain objects, items, or things that represent bias

used or left behind at the incident scene, e.g., hoods,

Confederate flags, burning crosses, swastikas?

6. Has the offender been previously involved in similar hate

incidents, or is the offender a member of a hate group?

7. Does the perpetrator have an understanding of the

incident’s impact on the victim, the victim’s family, or the

community?

8. Did the victim’s family recently move into the area? Is the

victim’s family acquainted with their neighbors and local

community groups?

9. Was the victim a member of a racial, religious, ethnic/

national origin, or sexual orientation group that is overwhelmingly smaller than other groups where the victim lives or the

incident took place? This factor may lose some significance

with the passage of time, i.e., it is the most significant when

the victim first moves into the neighborhood, becoming less

significant as time passes without incident.

10. Was the victim visiting a neighborhood where previous

hate crimes have been committed against other members of

his/her racial, religious, ethnic/national origin, or sexual

orientation group?

11. Was the victim engaged in past or current activities

promoting his/her racial, religious, ethnic/national origin, or

sexual orientation group?

12. Although the victim may not be a member of the targeted

racial, religious, ethnic/national origin, or sexual orientation

group, was he or she a member of an advocacy group

supporting the precepts of the victim’s group?

13. Did the incident coincide with a holiday relating to, or a day

of particular significance to, a racial, religious, ethnic/national

origin, or sexual orientation group?

14. Have there been other incidents occurring in the same

locality, at or about the same time, and have the victims all

been of the same racial, religious, ethnic/national origin,

gender or sexual orientation group?

15. Has the victim or victim’s community been subjected to

repeated attacks of a similar nature?

16. Does a substantial portion of the community where the

incident occurred perceive that the incident was motivated by

bias?

17. What was the manner and means of attack? For example,

does the color of paint, the use of particular words or the

spelling of words, or the use of symbols or signs suggest a

possible hate motive?

18. Does the incident indicate possible involvement by an

organized group? For example:

A. Has a specific hate group claimed responsibility for the

crime?

B. Is there printed literature involved?

C. Does the name of the group in the literature suggest hate

motivation?

D. Does the name of the group suggest a “copy-cat”

syndrome?

E. Is there documented or suspected organized group

activity in the area?

F. Was this group actually involved, or was this a fear or

scare tactic?

19. Are there historical animosities existing between the

victim’s and the offender’s group?

20. Is there an ongoing neighborhood problem that may have

initiated or contributed to the incident? Could the incident be

retribution for some conflict with a group in the community, a

segment of the population, etc.?

21. Has there been prior or recent news coverage of incidents

of a similar nature?

________________________________

From the U.S. Department of Justice, Federal Bureau of

Investigation, Hate Crime Data Collection Guidelines, 1992,

pages 2-3; Uniform Definitions and Guidelines for Identification of Crimes Motivated, All or in Part, by Race, Ethnicity,

Religion and Sexual Orientation, S.B. 2080, from Final Report,

Attorney General’s Commission on Racial, Ethnic, Religious

and Minority Violence, 1986, Appendix E.

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122 Protecting Students from Harassment and Hate Crime

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Archived Information
Appendix B: Checklists & Protocols 123

B: Checklists

Graffiti Removal Protocol of the

University of Massachusetts

—

Amherst

Physical Plant Division

Policies and Procedures Manual

January 3, 1996

From: Acting Assistant Director for Customer Service & Work

Management

Subject: Policy on Graffiti Removal

Purpose: To establish a protocol on graffiti removal

Discussion: Massachusetts has enacted a Civil Rights law

which states:

Any person who willfully, intentionally and without right, or

wantonly and without cause, destroys, defaces, mars, or

injures a church, synagogue, or other building, structure, or

place used for a school, educational facility or community

center . . . shall be punished by a fine of not more than two

thousand dollars or . . . by imprisonment in house of

correction for not more than two and one-half years.

Physical Plant has historically removed or covered any

offensive graffiti as soon as possible. As a result of the Civil

Rights law stated above, graffiti may constitute a violation of

law. It is therefore essential that graffiti of an offensive nature

be investigated by Public Safety before we remove it. This

policy is meant to clarify those incidents requiring reporting to

the Public Safety Department.

Action: Upon notification of the existence of graffiti on the

campus of the University or other University owned property,

consideration shall be given to notifying the Public Safety

Department. If the graffiti consists of any one of the following

categories, the Public Safety Department shall be notified and

removal postponed until their investigation is complete:

• repetitive instances or persistent patterns

• a high degree of visibility

• victim is identified

• perpetrator is identified

• inciting to violence

• targeted to particular group(s) or includes threats or

intimidation

Examples: swastikas, epithets in public places or on personal

property, hate graffiti clearly aimed at individuals by naming

them, being placed on their belongings, etc.

The only graffiti that can be immediately removed is that which

does not suggest any of the above. Examples: small graffiti in

bathrooms and other public places which is general and vague.

It is imperative to report graffiti to the appropriate person(s).

Graffiti that involves Public Safety shall be removed

immediately after the investigation is complete, maintaining

records of all materials and time required to do so.

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124 Protecting Students from Harassment and Hate Crime

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Archived Information
Appendix B: Checklists & Protocols 125

B: Checklists

Conflict Intervention Teams

A Response to School Crises

SUMMARY

In school year 1992-1993, two urban high schools in the

greater Boston area were closed down for several days in the

aftermath of racial riots among their students. In each

instance, Massachusetts Attorney General Scott Harshbarger’s

office organized and oversaw a team of experienced mediators

who entered the school and worked quietly behind the scenes

to resolve the conflicts that had precipitated the crisis, thus

helping the schools to reopen safely. The success of these

mediation interventions led to the formal creation of what is

now known as the Conflict Intervention Team (CIT). CIT has

provided emergency mediation services to 23 Massachusetts

schools that were in or on the verge of a crisis.

DESCRIPTION

The Conflict Intervention Team, established in 1992, is a

program sponsored by the Massachusetts Office of the

Attorney General (OAG) in collaboration with the Massachusetts Association of Mediation Programs and Practitioners

(MAMPP) and the Massachusetts Department of Education

(DOE). The mission of CIT is to provide emergency mediation

services to schools to restore a sense of calm and safety in

the aftermath of, or in anticipation of, large-scale conflict

resulting from racial tensions.

When a school perceives the threat of violence, it is encouraged to call the Attorney General’s office for assistance. If the

situation is determined to be serious, the office will arrange a

meeting at the school to assess the situation, recommend a

course of action, and begin to implement the strategic plan for

mediation intervention. Often the plan involves several days of

intense interviews with students, small and large group

mediation sessions and facilitated discussions among all

involved in the conflict. To carry out the plan, the CIT

assembles a team of experienced community mediators.

Often, after an Intervention, the CIT will write a detailed report

for the school which outlines, from the perspective of the

students and staff who talked with the CIT, the causes of the

conflicts and recommendations for changes that would

prevent further outbreaks.

GOALS

There are three main goals of CIT:

1. To use mediation as a constructive and respectful forum for

discussing and resolving racial disputes and other disputes

involving intolerance of differences.

2. To educate school systems and law enforcement officials

that CIT is available to help restore calm and a safe environment in the aftermath of severe outbreaks of violence.

3. To train experienced adult and student mediators, from every

region of Massachusetts, to respond to school emergencies.

PROTOCOLS FOR CIT

The Attorney General’s office and its partners at MAMPP and

the DOE have developed a set of protocols which guide the

operation of CIT. The protocols outline the roles and responsibilities of each agency and the roles and responsibilities of onsite CIT supervisors and mediators. The protocols also provide

an overview of the objectives for each stage of an Intervention:

assessment; planning; implementation; and follow-up.

Fifteen hours of advanced mediation training is required of all

mediators who participate on CIT; an additional seven hours of

training is required for mediators who supervise and lead the

actual Interventions.

BENEFITS AND RESULTS

Since its inception, the Conflict Intervention Team has

responded to requests for assistance from 23 schools. In each

instance, the CIT, under the auspices of the Attorney General’s

office, has succeeded in resolving the conflicts that had

precipitated the crisis and has helped to restore a sense of

calm and safety to the school. A total of 108 mediations has

been conducted during these Interventions, with 106 resulting

in agreement (see attached statistics). Whenever possible, the

CIT follows up the short-term Intervention by assisting

schools with the development of peer mediation programs to

deal with conflict over the long term. (The Attorney General’s

office has offered funds for a SCORE (Student Conflict

Resolution Experts) program on five occasions.)

The use of mediation has proven a very effective method for

intervening in large-scale conflict resulting from racial tension.

When students are very angry and frustrated, they need a safe

and constructive forum for airing their feelings and concerns.

Without such an outlet, further conflict and, perhaps, violence

are almost guaranteed. Once the students have had the

opportunity to air their feelings and to feel that their issues

have been heard, they are able to talk with one another and to

work with mediators to recommend ways to improve the

general climate of their school.

REPLICABILITY

The model for CIT is based on a unique and effective partnership among the OAG, MAMPP and DOE. Each agency has a

role to play in making CIT work: in providing oversight, in

educating people about its availability, in providing experienced

mediators to make up the teams.

In 1994, Attorney General Harshbarger’s office received the

Ford Foundation’s Innovations in State and Local Government

Award for its SCORE and CIT programs. With the money

received as a result of this award, staff from the OAG and

MAMPP worked with the North Carolina Attorney General’s

office and the North Carolina state association of mediators to

set up a Conflict Intervention Team in that state. A team of 30

mediators in North Carolina was trained to become members

of their CIT, and representatives from the North Carolina AG’s

office and department of education attended the training.

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126 Protecting Students from Harassment and Hate Crime

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The Massachusetts Conflict Intervention Team recently received

a 3-year grant from the Hewlett Foundation. One of the

mandates of the grant award is to replicate CIT in three to six

additional states. The OAG, MAMPP and DOE have all the

operational and training materials and trainers to assist other

states that are interested in creating an emergency response

team of mediators like the Massachusetts Conflict Intervention

Team.

Conflict Intervention Teams—

Intervention Highlights

URBAN HIGH SCHOOL

In May 1993, two staff from the Attorney General’s office

organized and supervised a team of 22 DOE, MAMPP and

community mediators to offer mediation services to the

students and staff at this high school in the wake of a melee

that occurred at the school between approximately 100 white

and black students. The mediators acted as a sounding board

for students who were upset by the events and also mediated

student-student conflicts as they were identified. Eighty-five

students had one-on-one private discussions with mediators

during the 10 days that the mediators were present in the

school. Ten formal mediation sessions were conducted, and all

of them resulted in agreements. General areas of concern

raised by the students were passed on to the administration

for further action or consideration. At the end of this intense

intervention, it was the consensus of those involved that, while

the most immediate sources of tension had been alleviated,

the situation remained volatile. It was felt that the safest

course of action would be to leave some mediation capacity at

the school for the remainder of the school year.

SUBURBAN HIGH SCHOOL

In October 1994, CIT was called in by the principal in response

to recent racial tensions between African-American and white

students resulting from a series of incidents that took place at

a party on a Friday night. Staff from the OAG and MAMPP

coordinated the four-day intervention. Twenty-four community

mediators, including four students from the SCORE program

at Boston English High School, volunteered their time to work

with students at this suburban high school. A total of 44 intake

interviews took place in an effort to sort out what happened

and to determine who needed to come to mediation. As a

result of these intakes, 13 mediations took place involving 38

students, some of whom participated in more than one

mediation. A large group mediation involving the 10 key

students resulted in joint recommendations to the administration. A written report with recommendations was sent to

school officials.

URBAN MIDDLE SCHOOL

In February 1996, a CIT was called into this school in response

to a conflict among 21 eighth-grade boys divided along racial

and friendship lines. Each group complained of name-calling,

bullying and disrespect by the other group. One student and

five adult mediators participated in the Intervention. A total of

21 individual intakes was conducted resulting in six 2-party

mediations. The final mediation, involving all 21 boys, lasted

four hours and resulted in an agreement to treat each other

with respect and to coexist peacefully.

SUBURBAN MIDDLE SCHOOL

This five-day middle school conflict intervention was coordinated by MAMPP and OAG staff in April 1995. The CIT was

called into this school by the principal after a series of

incidents between white and black students escalated into a

large group fight. Several students were suspended from

school, and a few received minor injuries. The CIT team

comprised two coordinators and 15 mediators, including six

student mediators (four student mediators from Brighton High

School and two student mediators from Boston English High

School). Over the course of the five-day intervention, two

parent intakes and 37 student intakes were conducted. A total

of 12 mediations was held (nine two-party mediations, two

multi-party mediations and one large group mediation), with

all but one reaching agreement.

RURAL JUNIOR/SENIOR HIGH SCHOOL

In April 1995, the Conflict Intervention Team was called into

this school following a three-week period of escalating

harassment between a group of white girls and a group of

Puerto Rican girls. The school is situated in a small rural town

in Massachusetts. Out of 400 students in grades 7-12, there

are only 10 students of color. This five-day intervention was

coordinated by the OAG with the assistance of one community

mediator. Eight intakes were done, resulting in four 2-party

mediations and one large group mediation, all of which were

successful. The conflict was racially based and reflected a lack

of tolerance for cultural differences.

URBAN HIGH SCHOOL

In October 1996, the OAG received a call from the Superintendent of Schools requesting assistance at this school in

response to reports of serious racial tensions between white

and Hispanic students. A small group of students had brought

their concerns to the Superintendent, stating that there were

strong rumors that weapons would be brought into the school

the next day to deal with a small group of white students who

were allegedly making racial slurs. The Superintendent

arranged for extra police presence and called for CIT assistance. The four-day Intervention was coordinated by two staff

from the OAG with assistance from 10 community mediators.

During the Intervention, intake interviews were conducted with

62 students. With information from the intakes, six two-party

and one five-party mediation were conducted, all resulting in

agreement. On the last day of the Intervention, 18 white,

Hispanic and black students, with the assistance of mediators,

discussed openly their frustrations with one another. Eventually they decided to work together to prepare a set of recommendations to present to the Superintendent. These recommendations were included in the CIT’s written report. Since the

Intervention, the Superintendent has provided funding for a

peer mediation program and diversity training.

____________________________

From a report on the Conflict Intervention Team program by

the Massachusetts Office of the Attorney General.

Archived Information
Appendix B: Checklists & Protocols 127

B: Checklists

Erasing Hate

A Guide to Your Civil Rights in School:

Your Right to Be Free from Discrimination,

Harassment and Hate-Motivated Violence

Scott Harshbarger

Attorney General

Commonwealth of Massachusetts

From the Desk of

Attorney General Scott Harshbarger

Every student has the right to attend school safely,

regardless of their race, color, religion, national origin, ethnic

background, gender, sexual orientation or disability.

Hate-motivated violence, harassment and discrimination may

interfere with a student’s academic performance and physical

and emotional well-being. It may also affect a student’s ability

to enjoy his or her school education.

Teachers and school administrators can play an

enormously important role in ensuring that your civil rights are

protected so that you and other students can take full advantage

of the numerous educational opportunities offered by the

Commonwealth’s public schools. If your civil rights are being

violated, however, this guide can serve as a source of

information about the laws protecting you and the resources

available for reporting hate-motivated harassment,

discrimination or violence.

For the sake of all students, as well as the larger

community, each of us must make sure that every student has

a safe physical and emotional environment in which to learn.

HATE CRIMES

You have the right to attend school without being the victim of

physical violence, threats of harm, intimidation or damage to

your personal property. A hate crime occurs when you or a

fellow student is targeted for physical assault, threat of bodily

harm or intimidation, at least in part because you are a

member of a different race, color, religion, ethnic background,

national origin, gender or sexual orientation from the offender

or because you have a disability.

Certain types of language or conduct may indicate the

potential that a hate crime has occurred. Some indicators that

a crime was hate-motivated include:

• Use of racial, ethnic, religious, sexual or anti-gay slurs;

• Use of symbols of hate, such as a swastika or a burning

cross;

• Similar behavior by the wrongdoer towards other students

from the same racial, ethnic or religious group or against

students of the same sexual orientation or gender; and

• Where the incident occurs while the victim was participating

in an activity promoting a racial, religious, ethnic/national

origin, disability, gender or sexual orientation group, such as a

meeting of the National Association for the Advancement of

Colored People (NAACP), membership in a students’ gay

rights alliance or in a disability rights demonstration.

Hate crimes most frequently occur in the following ways:

• A physical attack or a threat of bodily harm, on the basis of

a student’s race, color, religion, national origin, ethnic

background, gender, sexual orientation or disability;

• Intimidating or threatening language based on a student’s

race, color, religion, national origin, ethnic background,

gender, sexual orientation or disability; or

• Damage to a student’s personal property or belongings

because of the student’s race, color, religion, national origin,

ethnic background, gender, sexual orientation or disability.

HARASSMENT

Harassment in school occurs when a student or adult’s

behavior or inappropriate language creates a hostile, offensive

or intimidating school environment. A single incident,

depending on its severity, may constitute illegal harassment.

A hostile, offensive or intimidating school environment may be

created by behaviors such as the following:

• Degrading, demeaning, insulting or abusive verbal statements or writings of a sexual or racial nature or related to a

student’s race, color, religion, national origin, ethnic background, gender, sexual orientation or disability;

• Graffiti, slogans or other visual displays (such as swastikas

and burning crosses) which contain racial, ethnic, religious

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128 Protecting Students from Harassment and Hate Crime

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slurs or insults based on the student’s gender, sexual

orientation or disability;

• Treatment of a student in a more or less favorable way

because the student submitted to or rejected sexual advances

or requests for a social relationship; and

• Unwelcome sexual advances, including same-gender

harassment.

DISCRIMINATION

Every student is entitled to equal educational opportunities. A

student may not be subjected to discipline or more severe

punishment for wrongdoing nor denied the same rights as

other students because of his or her race, color, religion,

national origin, ethnic background, gender, sexual orientation

or disability, including in:

• Course Registration

• Guidance Counseling and Course Instruction

• Extra-Curricular Activities and Athletic Programs

Students with disabilities are protected under federal and state

law from discrimination. Such students are entitled to: (1)

have their programs and activities in a physically accessible

location; (2) be ensured “effective communication,” including,

where necessary, the provision of additional aids and services;

and (3) reasonable modification of a school’s policies and

practices, where necessary, to receive an equal opportunity

education. Students with special educational needs may be

entitled to an individualized educational program.

WHAT YOU SHOULD DO IF YOU

ARE A VICTIM OF A HATE CRIME,

HARASSMENT OR DISCRIMINATION

If you have been physically attacked, threatened with physical

harm or discriminated against while in school or while

participating in a school-related activity, because of your race,

color, religion, national origin, ethnic background, gender,

sexual orientation or disability, or if you witness these acts

against another student:

• Notify your local police in an emergency or if your or

another student’s personal safety is in danger.

• In all circumstances where you are the subject of any

serious incident of harassment or any incident involving

intimidation, threat of violence or physical attack, you should

notify a school official.

• For non-serious forms of harassment or discrimination

only, you may want to try to speak with the person you feel

has harassed you or discriminated against you -- for example,

the teacher, coach, other student or administrator -- to

request that the offensive conduct stop. Only do this if you feel

safe and are comfortable doing so. If you do not feel safe or

comfortable doing this alone, ask someone you trust -- such

as a parent, a good friend, a family member, the school nurse,

a teacher or your guidance counselor -- to accompany you.

• Talk about the situation with your parents, your guardian or

another adult whom you trust.

• If there is still a problem, make an appointment with your

school principal to explain why you believe your rights have

been violated.

• If your principal feels that your rights are not being violated,

or if you are unable to meet with him or her, talk with your

school superintendent.

• If you still feel that your concerns are not being appropriately addressed, you may file a formal complaint with your

school superintendent and the school committee. Your school

committee must respond to you in writing within 30 days of

your filing a complaint.

• You may also request an investigation of your complaint by

contacting your school district’s Office of Equity or the person

designated to coordinate or handle harassment and discrimination complaints in your school district.

WHERE ELSE CAN YOU TURN FOR HELP

Your school should take appropriate action to protect you

from physical harm and to stop hate-motivated harassment or

intimidation and prevent it from happening again. If it does

not, you should report the incident to one or more of the

agencies listed below.

• Massachusetts Department of Education (DOE)

350 Main Street

Malden, MA 02148

(617) 388-3300

The state DOE’s Problem Resolution System allows you, your

parents and others to file a complaint if you believe you have

been harassed or discriminated against.

• Massachusetts Office of the Attorney General, Civil Rights

Division

One Ashburton Place

Boston, MA 02108

(617) 727-2200

The Attorney General’s Civil Rights Division reviews complaints

of harassment, intimidation and discrimination in schools and

determines appropriate legal action, including obtaining a

restraining order.

• United States Department of Education, Office for Civil

Rights

John W. McCormack Building

Post Office and Court House, Room 222

Boston, MA 02109

(617) 223-9662

The Office for Civil Rights receives and investigates complaints

of discrimination and harassment.

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Appendix B: Checklists & Protocols 129

B: Checklists

• Massachusetts Commission Against Discrimination (MCAD)

One Ashburton Place

Boston, MA 02108

(617) 727-3990 or (413) 739-2145

The MCAD investigates complaints about discrimination in any

public school program or course of study. Filing must occur

within 6 months of the alleged unfair educational practice or

harassment incident.

• Massachusetts Department of Social Services (DSS)

1-800-KIDS-508: State-wide Child Abuse/Neglect Reporting

Line; 800-792-5200: Child at Risk Hotline/evenings, nights

and weekends

DSS investigates reports involving a student under 18 years

old who suffers physical or emotional injury from abuse

(including sexual abuse) or severe neglect (including malnutrition).

• United States Department of Justice

Community Relations Service (CRS)

99 Summer Street, Suite 1820

Boston, MA 02110

(617) 424-5715

CRS is a specialized federal conciliation service that assists

school districts to manage and prevent school racial and

ethnic conflicts and disruptions.

OTHER RESOURCES

• American Civil Liberties Union (ACLU) of Massachusetts

(617) 482-3170

The ACLU provides free legal advice and advocacy to students

and educates students on issues of discrimination, harassment, civil rights and civil liberties.

• Anti-Defamation League (ADL)

(617) 457-8800

The ADL provides advocacy, support and legal referral

services to victims of hate crimes, harassment and discrimination. The ADL’s “World of Difference” Program works with

schools to fight anti-Semitism, prejudice, bigotry and racism.

• Asian American Resource Workshop: SafetyNet Hate

Violence Prevention Project

(617) 542-4800

SafetyNet assists Asian Americans in reporting hate crimes

and obtaining access to police, prosecutors and to the court

system and provides free and confidential support and referral

services. Interpretive services are available.

• Boston Alliance of Gay & Lesbian Youth (BAGLY)

1-800-42-BAGLY

BAGLY is a youth-run, adult-advised social support group to

discuss issues of concern to gay, lesbian, bisexual and

transgender (GLBT) youth. BAGLY also offers a peer

counseling program and referrals to professional services.

• Boston Asian: Youth Essential Services (YES)

(617) 482-4243

Boston Asian YES provides violence prevention, counseling,

crisis intervention, gang prevention and substance abuse

services for Asian youth in the Greater Boston area.

• Boston Gay and Lesbian Adolescent Social Services

(GLASS)

(617) 266-3349

Boston GLASS provides social services, peer support,

educational opportunities and health promotion activities for

GLBT and questioning young adults ages 25 and under.

• Childhelp USA National Child Abuse Hotline

1-800-4-A-CHILD

The Child Abuse Hotline provides crisis counseling and referral

to any caller in an abuse-related situation.

• Children’s Law Center of Massachusetts

(781) 581-1977

The Children’s Law Center represents students and provides

advocacy and training on issues affecting the civil and legal

rights of students and their education.

• Coalition for Asian Pacific American Youth (CAPAY)

(617) 287-5689

CAPAY is a youth-run organization that focuses on improving

race relations, providing peer support and developing

leadership skills for Asian Pacific-American youth.

• Domestic Violence Ended (DOVE) Youth Hotline

(617) 773-HURT or (617) 471-1235

DOVE’s Youth Hotline provides a safe, confidential and

anonymous place for young adults to talk about domestic

violence issues and receive support and referral services.

• Fenway Community Health Center

(617) 267-2535 (Gay and Lesbian Peer Listening Line)

(617) 267-0900, ext. 308 (Violence Recovery Program)

The Peer Listening Line is staffed by volunteers who provide

support to callers with questions regarding their sexual

orientation and access to community services. The Violence

Recovery Program provides support and referral services to

victims of hate crimes and harassment.

• Gang Peace

(617) 442-1919

Gang Peace provides peer-based education and training to

youth ages 9 through 25, with an emphasis on rehabilitating

gang members and youth at risk, providing programs in

violence prevention and intervention, crisis management,

mediation and HIV education.

• Gay & Lesbian Advocates & Defenders (GLAD)

1-800-455-GLAD or (617) 426-1350

GLAD provides legal information, referrals and may provide

direct legal representation to students and their families to

assist students who have been harassed or discriminated

against on the basis of sexual orientation and/or HIV status.

• Governor’s Commission on Gay and Lesbian Youth

(617) 727-7200, ext. 312

The Commission provides information on their reports, how to

start a Gay/Straight Alliance (GSA) and how to find out about

existing GSAs and other GLBT support services.

Archived Information
130 Protecting Students from Harassment and Hate Crime

B: Checklists

• Governor’s Task Force on Hate Crimes

(617) 727-6300

The Task Force provides assistance and referrals for civil

rights issues in schools.

• La Alianza Hispana - Youth Outreach Program

(617) 427-7175

La Alianza Hispana provides programs and services to the

Latino community of Greater Boston, including intervention

and referral services to victims of violence and harassment.

• Lawyers’ Committee for Civil Rights Project to Combat

Racial Hate

(617) 482-1145

The Lawyers’ Committee provides free legal services to

children and their families who have been harassed or

discriminated against on the basis of race or national origin.

• Massachusetts Advocacy Center

(617) 357-8431

The Advocacy Center provides legal representation to incomeeligible youth with special needs or disabilities and who face

suspension or expulsion from school due to disciplinary

concerns.

• Massachusetts Office on Disability (MOD)

1-800-322-2020 or (617) 727-7440 (Voice and TDD)

MOD sponsors recreational and educational programs for

youth with disabilities to share concerns about day-to-day

issues and coping strategies, independence and self-care.

• National Association for the Advancement of Colored

People (NAACP)

Boston (617) 265-7900 New Bedford (508) 991-4416

Springfield (413) 734-2765 Framingham (508)879-7612

Lawrence (978) 975-5177 Cambridge (617) 661-9223

The NAACP provides counseling and legal referral services to

African-American youth and empowers youth to resolve

problems relating to violence, harassment and discrimination.

• National Coalition of Advocates for Students (NCAS)

(617) 357-8507

NCAS seeks equal access to quality public education for

children of vulnerable groups, including children of color,

children recently immigrated to the United States and children

with disabilities.

• National Conference for Community and Justice

(617) 227-9155

The National Conference trains youth from diverse racial,

ethnic and religious groups to develop leadership skills to

address prejudice and intolerance and develop strategies for

inclusion.

• Samariteens

1-800-252-TEEN

Samariteens provides a free and confidential service staffed by

teenage volunteers dedicated to assisting teenagers in need

and also provides suicide prevention and intervention

strategies.

• Sociedad Latina

(617) 442-4299

Sociedad Latina offers treatment and counseling services to

Latino youth and programs designed to prevent HIV/AIDS

transmission, substance abuse, teen pregnancy and domestic

violence.

• Urban League

Eastern Massachusetts Office - (617) 442-4519

Springfield Office - (413) 739-7211

The Urban League provides services and advocacy programs

relating to education for people of color, with a focus on poor

and low income urban areas.

Archived Information
Appendix C: Other Reference Materials 131

C: Reference

Appendix C:

Other Reference

Materials

• Letter from Richard W. Riley,

U.S. Secretary of Education, August 31, 1998,

regarding Gebser v. Lago Vista

• State Hate Crimes Statutory Provisions

Archived Information
132 Protecting Students from Harassment and Hate Crime

C: Reference

Archived Information
Appendix C: Other Reference Materials 133

C: Reference

THE SECRETARY OF EDUCATION

WASHINGTON, D.C. 20202

August 31, 1998

Dear Superintendent of Schools:

An important shared goal of educators throughout our country is to ensure that students have a safe and

secure environment that is conducive to learning and that affords students equal educational

opportunities regardless of their sex. School districts have a critical responsibility for preventing and

eliminating sexual harassment discrimination. Sexual harassment of a student, if not appropriately

addressed, can have serious, detrimental consequences for the student that impedes the student’s

education, and constitutes a breach of trust between the school and the student and family.

A recent Supreme Court decision took notice of the “extraordinary harm” that a student suffers when

subjected to sexual harassment and abuse by a teacher. The Court emphasized that such conduct by a

teacher “undermines the basic purposes of the educational system.” Gebser v. Lago Vista Independent

School District (June 22, 1998). The Gebser decision limited the availability of damages to a student in a

private Title IX lawsuit against a school district. It did not, however, alter the fundamental obligations of

schools and their employees to take prompt action to address instances of sexual harassment. This letter

summarizes existing obligations and the effect of the Supreme Court decision.

Title IX Prohibits Sexual Harassment Discrimination

The Department of Education’s Office for Civil Rights (OCR), which has the responsibility for enforcing Title

IX, recently provided educational institutions with a detailed discussion of their responsibilities to prevent

and, when it occurs, remedy sexual harassment of students. A copy of the guidance is available on the

Department’s web site at http://www.ed. gov/offices/OCR/sexhar00.html.

Title IX prohibits sex-based discrimination in education programs and activities operated by schools that

receive federal financial assistance. Therefore, school districts are responsible under Title IX to provide

students with a nondiscriminatory educational environment. As described in the guidance, sexual

harassment of a student may violate this obligation. When a responsible school employee, such as a

principal or teacher, learns of possible sexual harassment discrimination by others, Title IX requires the

school to immediately investigate, to take appropriate steps to end the harassment, to eliminate the effects

of the harassment, and to prevent the harassment from recurring.

The Department’s Title IX regulation also requires schools to have well-publicized policies against

discrimination based on sex, including sexual harassment discrimination; to have effective and wellpublicized procedures for students and their families to raise and resolve these issues; and to take prompt

and effective action to equitably resolve sexual harassment discrimination complaints. 34 CFR Part 106.8. In

addition, each school district is required to designate at least one employee to coordinate and carry out its

Title IX responsibilities. Id. I encourage you, at the outset of the new school year, to publicize and reaffirm

these policies and procedures to returning and new members of the school community, including teachers,

counselors, administrators, parents, and students.

The Gebser Decision Addresses Private Damages Claims

The Court’s recent decision in Gebser was limited to private Title IX lawsuits for money damages. The Court

in Gebser ruled that a private plaintiff in a court action can obtain money damages against a school district

under Title IX if a school official who has the authority to take corrective action has actual notice of sexual

harassment and is deliberately indifferent to it. The Gebser decision expressly distinguished the limits on

private recovery of money damages from the Department of Education’s enforcement of Title IX. Thus, the

obligations of schools that receive federal funds to address instances of sexual harassment have not

changed as a result of the Supreme Court decision. School districts must continue to take reasonable steps

to prevent and eliminate sexual harassment discrimination. In addition, pursuant to its published guidance,

OCR will continue to enforce Title IX in this area, including by investigating complaints alleging sexual

harassment discrimination.

Archived Information
134 Protecting Students from Harassment and Hate Crime

C: Reference

OCR Offers Technical Assistance

Sexual harassment discrimination can have serious, detrimental consequences for students. Thus,

school districts need to take the problem of sexual harassment very seriously. In addition to having wellpublicized policies and procedures in place, schools should be taking preventative steps to identify

problems — such as training staff to recognize and report potential harassment — and to follow up on

any information indicating potential discrimination. OCR welcomes the opportunity to provide individual

schools upon request with technical assistance and practical guidance to develop preventative programs.

The Department is committed to continuing our leadership role in ensuring equal educational

opportunities for all students. The Department will continue to work with schools, parents and other

interested parties to ensure that schools have effective policies and procedures in place to prevent sexual

harassment. I have attached a contact list for OCR’s enforcement offices for your convenience.

Thank you for your interest in this critical issue.

Yours sincerely,

Richard W. Riley

[Enclosure omitted]

Archived Information
Appendix C: Other Reference Materials 135

C: Reference

State Hate Crimes Statutory Provisions

(ALABAMA through MISSISSIPPI)

AL AK AZ AR CA CO CT DC DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS

Bias-Motivated Violenceand Intimidation • • • •••••• •• • •••••••Civil Action ••••• • •• • • ••Criminal Penalty • • • •••••• •• • •••••••Race, Religion1, Ethnicity • • • •••••• •• • •••••••

Sexual Orientation • • •••• • • •• • •Gender • • • • • • • • • • •Other2 ••• • •• • • •• • •

Institutional Vandalism • •••••••••• •• •••••• ••Data Collection3 • • •• • •• • ••••• •Training for LawEnforcement Personnel4 • • • • •• • •

1. The following states also have statutes criminalizing interference with religious worship:

CA, DC, FL, ID, MD, MA, MI, MN, MS, MO, NV, NM, NY, NC, OK, RI, SC, SD, TN, VA, WV.

2. ”Other” includes mental and physical disability or handicap

(AL, AK, AZ, CA, DC, DE, IL, IA, LA, ME, MA, MN, NE, NV, NH, NJ, NY, OK, RI, VT, WA, WI),political affiliation (DC, IA, LA, WV) and age (DC, IA, LA, VT).

3. States with data collection statutes which include sexual orientation are AZ, CA, CT, DC, FL,

IL, IA, MD, MN, NV, OR and WA; those which include gender are AZ, DC, IL, IA, MN, WA.

4. Some other states have regulations mandating such training.

© 1998 Anti-Defamation League. All rights reserved. [Changes in state law may have occurred after this chart was compiled. Consult state officials for updated information.]

Archived Information
136 Protecting Students from Harassment and Hate Crime

C: Reference

MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY

Bias-Motivated Violence 5 6 7

and Intimidation •••••• •••••••• •••••••••Civil Action • • • • ••••• •• ••• •Criminal Penalty •••••• •••••••• •••••••••Race, Religion1,

Ethnicity •••••• •••••••• •• •••••Sexual Orientation •••• • • • • •Gender • • • • • • • • •Other2 •••• • • • • •••

Institutional Vandalism • • • • • • •••••• •• •• •Data Collection3 •• • •••• • ••Training for LawEnforcement Personnel4 • • •

1. The following states also have statutes criminalizing interference with religious worship:

CA, DC, FL, ID, MD, MA, MI, MN, MS, MO, NV, NM, NY, NC, OK, RI, SC, SD, TN, VA, WV.

2. “Other” includes mental and physical disability or handicap

(AL, AK, AZ, CA, DC, DE, IL, IA, LA, ME, MA, MN, NE, NV, NH, NJ, NY, OK, RI, VT, WA, WI),political affiliation (DC, IA, LA, WV) and age (DC, IA, LA, VT).

3. States with data collection statutes which include sexual orientation are AZ, CA, CT, DC, FL, IL, IA, MD, MN, NV, OR and WA;

those which include gender are AZ, DC, IL, IA, MN, WA.

4. Some other states have regulations mandating such training.5. New York State law provides penalty enhancement limited to the crime of aggravated harassment.6. The Texas Statute refers to victims selected “because of the defendant’s bias or prejudice against a person or group.”7. The Utah Statute ties penalties for hate crimes to violations of the victim’s constitutional or civil rights.

© 1998 Anti-Defamation League. All rights reserved. [Changes in state law may have occurred after this chart was compiled. Consult state officials for updated information.]

State Hate Crimes Statutory Provisions(continued)

((MISSOURI through WYOMING)

Archived Information
Appendix D: Technical Assistance 137

D: Tech. Assistance

Appendix D:

Sources of

Technical Assistance

Archived Information
138 Protecting Students from Harassment and Hate Crime

D: Tech. Assistance

Archived Information
Appendix D: Technical Assistance 139

D: Tech. Assistance

1. Government Agencies

Office for Civil Rights (OCR)

U.S. Department of Education

330 C Street SW

Washington, D.C. 20202

800/421-3481

www.ed.gov/offices/OCR

Through the field offices below, OCR

provides technical assistance and

resolves complaints of discrimination,

including harassment, based on race,

national origin, sex, disability, and age.

Eastern Division:

Office for Civil Rights, Boston Office

U.S. Department of Education

J. W. McCormack Post Office and

Courthouse, Room 222

Boston, MA 02109 4557

617/223-9662; FAX 617/223-9669

TDD 617/223-9695

E-mail: OCR_Boston@ed.gov

(Serving Connecticut, Maine,

Massachusetts, New Hampshire, Rhode

Island, Vermont)

Office for Civil Rights, New York Office

U.S. Department of Education

75 Park Place, 14th Floor

New York, NY 10007 2146

212/637-6466; FAX 212/264-3803

TDD 212/637-0478

E-mail: OCR_NewYork@ed.gov

(Serving New Jersey, New York,

Puerto Rico, Virgin Islands)

Office for Civil Rights

Philadelphia Office

U.S. Department of Education

The Wanamaker Building

100 Penn Square East, Suite 515

Philadelphia, PA 19107

215/656-8541; FAX 215/656-8605

TDD 215/656-8604

E-mail: OCR_Philadelphia@ed.gov

(Serving, Delaware, Maryland,

Kentucky, Pennsylvania, West Virginia)

Southern Division:

Office for Civil Rights, Atlanta Office

U.S. Department of Education

61 Forsyth St. SW, Suite 19T70

Atlanta, GA 30303 3104

404/562-6350; FAX 404/562-6455

TDD 404/562-6454

E-mail: OCR_Atlanta@ed.gov

(Serving Alabama, Florida, Georgia,

South Carolina, Tennessee)

Office for Civil Rights, Dallas Office

U.S. Department of Education

1999 Bryan Street, Suite 2600

Dallas, TX 75201

214/880-2459; FAX 214/880-3082

TDD 214/880-2456

E-mail: OCR_Dallas@ed.gov

(Serving Arkansas, Louisiana,

Mississippi, Oklahoma, Texas)

Office for Civil Rights, District of

Columbia Office

U.S. Department of Education

1100 Pa. Ave. NW, Rm. 316

P.O. Box 14620

Washington, D.C. 20044 4620

202/208-2545; FAX 202/208-7797

TDD 202/208-7741

E-mail: OCR@ed.gov

(Serving North Carolina, Virginia,

Washington, DC)

Midwestern Division:

Office for Civil Rights, Chicago Office

U.S. Department of Education

111 N. Canal Street, Suite 1053

Chicago, IL 60606 7204

312/886-8434; FAX 312/353-4888

TDD 312/353-2540

E-mail: OCR_Chicago@ed.gov

(Serving Illinois, Indiana, Minnesota,

Wisconsin)

Office for Civil Rights, Cleveland Office

U.S. Department of Education

600 Superior Avenue East

Bank One Center, Suite 750

Cleveland, OH 44114 2611

216/522-4970; FAX 216/522-2573

TDD 216/522-4944

OCR_Cleveland@ed.gov

(Serving Michigan, Ohio)

Office for Civil Rights

Kansas City Office

U.S. Department of Education

10220 North Executive Hills Boulevard

8th Floor

Kansas City, MO 64153 1367

816/880-4200; FAX 816/891-0644

TDD 816/891-0582

E-mail: OCR_KansasCity@ed.gov

(Serving Iowa, Kansas, Missouri,

Nebraska, North Dakota, South Dakota)

Western Division:

Office for Civil Rights, Denver Office

U.S. Department of Education

Federal Building, Suite 310

1244 Speer Boulevard

Denver, CO 80204 3582

303/844-5695; FAX 303/844-4303

TDD 303/844-3417

E-mail: OCR_Denver@ed.gov

(Serving Arizona, Colorado, Montana,

New Mexico, Utah, Wyoming)

Office for Civil Rights

San Francisco Office

U.S. Department of Education

Old Federal Building

50 United Nations Plaza, Room 239

San Francisco, CA 94102 4102

415/437-7700; FAX 415/437-7783

TDD 415/437-7786

E-mail: OCR_SanFrancisco@ed.gov

(Serving California)

Office for Civil Rights, Seattle Office

U.S. Department of Education

915 Second Avenue, Room 3310

Seattle, WA 98174 1099

206/220-7900; FAX 206/220-7887

TDD 206/220-7907

E-mail: OCR_Seattle@ed.gov

(Serving Alaska, Hawaii, Idaho, Nevada,

Oregon, Washington, American Samoa,

Guam, the Pacific Region)

Safe and Drug-Free Schools Program

(SDFS)

400 Maryland Ave. SW

Washington, D.C. 20202

202/260-3954

www.ed.gov/offices/OESE/SDFS

SDFS is a component of the U.S.

Department of Education that provides

discretionary and formula grant funding to

state and local education agencies and

other public and private organizations for a

wide range of school and community based

drug and violence prevention efforts.

Sources of Technical Assistance

Archived Information
140 Protecting Students from Harassment and Hate Crime

D: Tech. Assistance

U.S. Department of Justice

Community Relations Service (CRS)

600 E Street NW

Suite 2000

Washington, D.C. 20530

202/305-2935

CRS provides conflict resolution,

conciliation, mediation, training, and a

variety of other services to schools and

communities to prevent or resolve

conflicts arising from actions or policies

perceived to be discriminatory on the

basis of race or national origin.

Regional Offices - Community Relations

Service

I. Boston, MA 617/424-5715

II. New York, NY 212/264-0700

III. Philadelphia, PA 215/597-2344

IV. Atlanta, GA 404/331-6883

V. Chicago, IL 312/353-4391

VI. Dallas, TX 214/655-8175

VII. Kansas City, MO 816/427-7434

VIII Denver, CO 303/844-2973

IX. San Francisco, CA 415/744-6565

X. Seattle, WA 206/220-6700

State Offices of the Attorney General

The State Attorneys General serve as

chief legal officers to state government

branches and agencies and are the

principal legal representative of the

public interest for all citizens.

Alabama

Attorney General of Alabama

Office of the Attorney General

State House

11 South Union Street

Montgomery, AL 36104

334/242-7401

Alaska

Attorney General of Alaska

Office of the Attorney General

Post Office Box 110300

Diamond Courthouse

Juneau, AK 99811-0300

907/465-3600

American Samoa

Attorney General of American Samoa

Office of the Attorney General

Post Office Box 7

Pago Pago, AS 96799

684/633-4163

Arizona

Attorney General of Arizona

Office of the Attorney General

1275 West Washington Street

Phoenix, AZ 85007

602/542-4266

Arkansas

Attorney General of Arkansas

Office of the Attorney General

200 Tower Building, 323 Center Street

Little Rock, AR 72201-2610

501/682-2007

California

Attorney General of California

Office of the Attorney General

1300 I Street, Suite 1740

Sacramento, CA 95814

916/324-5437

Colorado

Attorney General of Colorado

Office of the Attorney General

Department of Law

1525 Sherman Street

Denver, CO 80203

303/866-3052

Connecticut

Attorney General of Connecticut

Office of the Attorney General

55 Elm Street

Hartford, CT 06141-0120

860/808-5318

Delaware

Attorney General of Delaware

Office of the Attorney General

Carvel State Office Building

820 North French Street

Wilmington, DE 19801

302/577-8400

District of Columbia

District of Columbia

Corporation Counsel

Office of the Corporation Counsel

441 4th Street NW

Washington, DC 20001

202/727-6248

Florida

Attorney General of Florida

Office of the Attorney General

The Capitol

PL 01

Tallahassee, FL 32399-1050

850/487-1963

Georgia

Attorney General of Georgia

Office of the Attorney General

40 Capitol Square S.W.

Atlanta, GA 30334-1300

404/656-4585

Guam

Attorney General of Guam

Office of the Attorney General

Judicial Center Building

120 West O’Brien Drive

Agana, GU 96910

671/475-3324

Hawaii

Attorney General of Hawaii

Office of the Attorney General

425 Queen Street

Honolulu, HI 96813

808/586-1282

Idaho

Attorney General of Idaho

Office of the Attorney General

210 State House

700 West Jefferson

Boise, ID 83720-1000

208/334-2400

Illinois

Attorney General of Illinois

Office of the Attorney General

500 South Second Street

Springfield, IL 62706

217/785-2771

Indiana

Attorney General of Indiana

Office of the Attorney General

Indiana Government Center South

Fifth Floor

402 West Washington Street

Indianapolis, IN 46204

317/233-4386

Iowa

Attorney General of Iowa

Office of the Attorney General

Hoover State Office Building

Des Moines, IA 50319

515/281-3053

Kansas

Attorney General of Kansas

Office of the Attorney General

Judicial Building

301 West Tenth Street

Topeka, KS 66612-1597

785/296-2215

Archived Information
Appendix D: Technical Assistance 141

D: Tech. Assistance

Kentucky

Attorney General of Kentucky

Office of the Attorney General

State Capitol, Room 116

Frankfort, KY 40601

502/696-5300

Louisiana

Attorney General of Louisiana

Office of the Attorney General

Department of Justice

Post Office Box 94095

Baton Rouge, LA 70804-4095

504/342-7013

Maine

Attorney General of Maine

Office of the Attorney General

State House Station Six

Augusta, ME 04333

207/626-8800

Maryland

Attorney General of Maryland

Office of the Attorney General

200 Saint Paul Place

Baltimore, MD 21202-2202

410/576-6300

Massachusetts

Attorney General of Massachusetts

Office of the Attorney General

One Ashburton Place

Boston, MA 02108-1698

617/727-2200

Michigan

Attorney General of Michigan

Office of the Attorney General

Post Office Box 30212

525 West Ottawa Street

Lansing, MI 48909-0212

517/373-1110

Minnesota

Attorney General of Minnesota

Office of the Attorney General

State Capitol

Suite 102

St. Paul, MN 55155

651/296-6196

Mississippi

Attorney General of Mississippi

Office of the Attorney General

Department of Justice

Post Office Box 220

Jackson, MS 39205-0220

601/359-3692

Missouri

Attorney General of Missouri

Office of the Attorney General

Supreme Court Building

207 West High Street

Jefferson City, MO 65101

573/751-3321

Montana

Attorney General of Montana

Office of the Attorney General

Justice Building, 215 North Sanders

Helena, MT 59620-1401

406/444-2026

Nebraska

Attorney General of Nebraska

Office of the Attorney General

State Capitol

Post Office Box 98920

Lincoln, NE 68509-8920

402/471-2682

Nevada

Attorney General of Nevada

Office of the Attorney General

Old Supreme Court Building

198 South Carson Street

Carson City, NV 89701

702/687-4170

New Hampshire

Attorney General of New Hampshire

Office of the Attorney General

State House Annex, 33 Capitol Street

Concord, NH 03301-6397

603/271-3655

New Jersey

Attorney General of New Jersey

Office of the Attorney General

Richard J. Hughes Justice Complex

25 Market Street, P.O.B. 080

Trenton, NJ 08625

609/292-4925

New Mexico

Office of the Attorney General

Bataan Memorial Bldg., Room 260

407 Galisteo Street

Santa Fe, NM 87501

505/827-6000

New York

Office of the Attorney General

Department of Law

State Capitol

Albany, NY 12224

518/474-7330

North Carolina

Office of the Attorney General

Department of Justice

114 W. Edenton

Raleigh, NC 27601

919/716-6400

North Dakota

Attorney General of North Dakota

Office of the Attorney General

State Capitol

600 East Boulevard Avenue

Bismarck, ND 58505-0040

701/328-2210

N. Mariana Islands

Attorney General of the Northern

Mariana Islands

Office of the Attorney General

Administration Building

Saipan, MP 96950

670/664-2341

Ohio

Office of the Attorney General

State Office Tower

30 East Broad Street

Columbus, OH 43266

614/466-4940

Oklahoma

Office of the Attorney General

State Capitol

2300 North Lincoln Boulevard

Oklahoma City, OK 73105

405/521-3921

Oregon

Office of the Attorney General

Justice Building

1162 Court Street NE

Salem, OR 97310

503/378-6002

Pennsylvania

Office of the Attorney General

Strawberry Square

Harrisburg, PA 17120

717/787-3391

Puerto Rico

Office of the Attorney General

Post Office Box 192

San Juan, PR 00902-0192

787/721-7700

Rhode Island

Attorney General of Rhode Island

Office of the Attorney General

150 South Main Street

Providence, RI 02903

401/274-4400

Archived Information
142 Protecting Students from Harassment and Hate Crime

D: Tech. Assistance

South Carolina

Attorney General of South Carolina

Office of the Attorney General

Rembert C. Dennis Office Building

Post Office Box 11549

Columbia, SC 29211-1549

803/734-3970

South Dakota

Attorney General of South Dakota

Office of the Attorney General

500 East Capitol

Pierre, SD 57501-5070

605/773-3215

Tennessee

Attorney General of Tennessee

Office of the Attorney General

500 Charlotte Avenue

Nashville, TN 37243

615/741-6474

Texas

Attorney General of Texas

Office of the Attorney General

Capitol Station

Post Office Box 12548

Austin, TX 78711-2548

512/463-2191

Utah

Attorney General of Utah

Office of the Attorney General

State Capitol, Room 236

Salt Lake City, UT 84114-0810

801/538-1326

Vermont

Attorney General of Vermont

Office of the Attorney General

109 State Street

Montpelier, VT 05609-1001

802/828-3173

Virginia

Attorney General of Virginia

Office of the Attorney General

900 East Main Street

Richmond, VA 23219

804/786-2071

Virgin Islands

Attorney General of the Virgin Islands

Office of the Attorney General

Department of Justice

G.E.R.S. Complex

48B-50C Kronprinsdens Gade

St. Thomas, VI 00802

340/774-5666

Washington

Attorney General of Washington

Office of the Attorney General

P.O. Box 40100

1125 Washington Street SE

Olympia, WA 98504-0100

360/753-6200

West Virginia

Attorney General of West Virginia

Office of the Attorney General

State Capitol

1900 Kanawha Boulevard East

Charleston, WV 25305

304/558-2021

Wisconsin

Attorney General of Wisconsin

Office of the Attorney General

State Capitol

Post Office Box 7857

Suite 114 East

Madison, WI 53707-7857

608/266-1221

Wyoming

Attorney General of Wyoming

Office of the Attorney General

State Capitol Building

Cheyenne, WY 82002

307/777-7844

2. Private and other

Organizations

National Association of Attorneys

General (NAAG)

750 First Street NE, Suite 1100

Washington, D.C. 20002

202/326-6000

www.naag.org

NAAG is the membership organization

of the State Offices of the Attorney

General. Its mission is to help

Attorneys General respond effectively,

individually and collectively, to

emerging state and federal issues.

NAAG’s Bias Crimes Task Force

operates in conjunction with the U.S.

Department of Justice and other

agencies to provide information and

training to police departments, schools,

and community organizations to

prevent and prosecute bias crimes.

Desegregation Assistance Centers

Desegregation Assistance Centers are

funded by the U.S. Department of

Education to provide free or low cost

technical assistance to school districts

on a wide range of equity issues,

including racial and sexual harassment.

New England Desegregation Assistance

Center for Equity in Education

Brown University

144 Wayland Ave.

Providence, RI 02906

Telephone: 401/351-274-9548; FAX

401/351-9594, www.brown.edu//

Research/The_Educational_Alliance/

DAC/dac.html

(Serving Connecticut, Maine,

Massachusetts, New Hampshire, Rhode

Island, Vermont)

Equity Assistance Center

The Metropolitan Center for Urban

Education

New York University

82 Washington Square, Suite 72

New York, NY 10003

Telephone: 212/998-5100; FAX 212/

995-4199, www.nyu.edu/education/

metrocenter/eac/eac.html

(Serving New Jersey, New York, Puerto

Rico, Virgin Islands)

The Mid-Atlantic Center

5454 Wisconsin Avenue, Suite 655

Chevy Chase, MD 20815

Telephone: 301/657-7741; FAX 301/

657-8782, www.maec.org

(Serving Delaware, District of

Columbia, Maryland, Pennsylvania,

Virginia, West Virginia)

Southeastern Equity Center

Miami Equity Associates, Inc.

8603 S. Dixie Highway, Suite 304

Miami, FL 33143

Telephone: 305/669-0114; FAX 305/

669-9809, E-mail:sedac@aol.com

(Serving Alabama, Florida, Georgia,

Kentucky, Mississippi, South Carolina,

Tennessee, North Carolina)

Programs for Educational Opportunity

University of Michigan

1005 School of Education

Ann Arbor, MI 48109

Telephone: 734/763-9910;

FAX 734/763-2137, www.umich.edu/

~eqtynet (Serving Illinois, Indiana,

Michigan, Minnesota, Ohio, Wisconsin)

Archived Information
Appendix D: Technical Assistance 143

D: Tech. Assistance

Intercultural Development Research

Association

5835 Callahan, Suite 350

San Antonio, TX 78210

Telephone: 210/684-8180; FAX 210/

684-5389, www.idra.org

(Serving Arkansas, Louisiana, New

Mexico, Oklahoma, Texas)

Midwest Desegregation Assistance Center

Kansas State University

401 Bluemont Hall

Manhattan, KS 66506

Telephone: 785/532-6408; FAX 785/

532-5548, http://mdac.edu.ksu.edu

(Serving Iowa, Kansas, Missouri,

Nebraska)

Educational Equity Center

The Metropolitan State College of Denver

Campus Box #3

1100 Stout Street, Suite 800

Denver, CO 80204

Telephone: 303/556-8494; FAX 303/

556-8505, http://clem.mscd.edu/

~eec_svcs

(Serving Colorado, Montana, North

Dakota, South Dakota, Utah, Wyoming)

West Ed

Center for Educational Equity

4665 Lampson Avenue

Los Alamitos, CA 90720

Telephone: 562/598-7661; FAX 562/

985-9635, www.WestEd.org

(Serving Arizona, California, Nevada)

Center for National Origin, Race, and

Sex Equity

Northwest Regional Educational

Laboratory

101 SW Main, Suite 500

Portland, OR 97204

Telephone: 503/275-0664; FAX 503/

275-0452, www.nwrel.org

(Serving Alaska, Hawaii, Idaho, Oregon,

Washington, American Samoa, Guam

Anti-Defamation League (ADL)

823 United Nations Plaza

New York, NY 10017

800/343-5540

212/490-2525

www.adl.org

With 31 regional offices, ADL is

dedicated to combating hate crime and

promoting intergroup cooperation and

interfaith understanding. Through its

World of Difference Program, ADL

develops and provides a large number

of training programs, materials,

technical assistance and other services

to schools and communities to

promote intergroup and interfaith

understanding. ADL has national offices

in Washington, D.C. and New York City

and regional offices as follows:

Albuquerque, NM 505/823-2712

Atlanta, GA 404/262-3470

Boston, MA 617/457-8800

Chicago, IL 312/782-5080

Cleveland, OH 216/579-9600

Columbus OH 614/621-0601

New Haven, CT 203/772-1300

Dallas, TX 972/960-0342

Denver, CO 303/830-7177

Detroit, MI 248/355-3730

Fort Lauderdale, FL 954/779-3090

Houston, TX 713/627-3490

Las Vegas, NV 702/862-8600

Long Island, NY 516/496-0328

Los Angeles, CA 310/446-8000

Miami, FL 305/373-6306

New Orleans, LA 504/522-9534

New York, NY 212/885-7970

Norfolk, VA 757/455-9002

Omaha, NE 402/333-1303

Orange County, CA 714/979-4733

Palm Beach County, FL 561/832-7144

Philadelphia, PA 215/735-4267

Phoenix, AZ 602/274-0991

San Diego, CA 619/293-3770

San Francisco, CA 415/981-3500

Seattle, WA 206/448-5349

St. Louis, MO 314/432-6868

Washington, DC 202/452-8310

West Orange, NJ 973/669-9700

National School Boards Association

(NSBA)

1680 Duke Street

Alexandria, VA 22314

703/838-6722

www.nsba.org

Representing 95,000 school board

members, NSBA’s mission is to further

excellence and equity in public schools

through local school leadership.

Activities include participation in public

forums relevant to federal and national

education issues, representing school

board perspectives before federal

government agencies, and providing

information and services to school

boards throughout the country,

including information on activities to

prevent and address harassment in

schools.

Educators for Social Responsibility

(ESR)

23 Garden Street

Cambridge, MA 02138

800/370-2515

ESR creates and disseminates

publications and programs for teachers

and students emphasizing intergroup

relations, violence prevention, character

education, critical thinking, and social

responsibility.

Teaching Tolerance

400 Washington Ave.

Montgomery, AL 36104

334/264-0286

www.splcenter.org

A project of the Southern Poverty Law

Center, Teaching Tolerance is a national

education project dedicated to helping

teachers foster equity, respect, and

understanding. Numerous activities and

publications are available.

National Association of Colored People

(NAACP)

4805 Mount Hope Drive

Baltimore, MD 21215

410/747-7200

Among other objectives, the 2200

chapters of the NAACP work to ensure

the equality of minority students in

school.

National Council of La Raza (NCLR)

111 19th Street NW

Suite 1000

Washington, D.C. 20036

202/289-1380

NCLR’s Center for Community

Educational Excellence works to build

community-school collaboration,

strengthen the quality of education for

Hispanic students, and more effectively

involve Hispanic families in the

education of their children.

Aspira Association, Inc.

1444 I Street NW, 8th floor

Washington, D.C. 20005

202/835-3600

www.incacorp.com/aspira

Aspira is a national organization

devoted to serving Puerto Rican and

other Latino youth through leadership

development in conjunction with parent

and community groups.

Archived Information
144 Protecting Students from Harassment and Hate Crime

D: Tech. Assistance

National Youth Advocacy Coalition

1711 Connecticut Ave. NW, Suite 206

Washington, D.C. 20009

202/319-7596, nyac@nyacyouth.org

National organization focused on

improving the lives of gay, lesbian,

bisexual and transgender youth

through advocacy, education and

information. NYAC’s Bridges Project

provides resources, technical

assistance and referrals.

Parents, Families and Friends of

Lesbians and Gays (PFLAG)

1011 14th Street NW, Suite 1030

Washington, D.C. 20005

202/638-4200

Organized in over 400 communities,

PFLAG offers support for sexual

minority youth who may feel unsafe in

their communities because they are the

targets of anti-gay attitudes.

Lambda Legal Defense

and Education Fund

380 Lexington Ave.

New York, NY 10168

212/682-3454

National organization committed to

achieving full recognition of the civil

rights of lesbians, gay men and people

with HIV/AIDS through litigation,

education and public policy work.

Regional offices in Chicago (312/759-

8110) and Los Angeles (213/937-

2728).

Gay, Lesbian and Straight Education

Network (GLSN)

121 West 27th Street, Suite 804

New York, NY 10001

212/727-0135

With over 90 chapters nationwide, GLSN

is the largest national organization

addressing issues of anti-gay bias in K12 schools. GLSN provides classroom

resources as well as workshops and

training for school communities to help

make schools safe for all students,

regardless of sexual orientation.

National Coalition for Sex Equity in

Education (NCSEE)

P.O. Box 534

Annandale, NJ 08801-0534

908/735-5045; FAX 908/735-9674

Founded in 1979, to provide training

and support for gender equity

specialists in regional, state and local

education programs, NYSEE now

provides leadership in the identification

and infusion of sex equity in all

education programs and within parallel

equity concerns, including, but not

limited to, age, disability, national origin,

race, religion, and sexual orientation.

With an annual conference and

newsletter, NYSEE serves as a resource

for educational institutions, community

organizations, and policy makers.

National Women’s Law Center

11 Dupont Circle NW, Suite 800

Washington, D.C. 20036

202/588-5180

www.nwlc.org

National organization that has worked

to advance and protect women’s rights

since 1972. The Center focuses on

major policy areas of importance to

women and their families, including

education. Recently published two

publications on preventing and

addressing sexual harassment.

Center for Democratic Renewal (CDR)

P.O. Box 50469

Atlanta, GA 30302

404/221-0025

National clearinghouse of information

on white supremacist movement;

provides training to schools, churches,

community organizations, and law

enforcement agencies. Over 40

publications available.

Facing History and Ourselves (FHAO)

16 Hurd Road

Brookline, MA 02146

617/232-1595

www.facing.org

With regional offices in Chicago,

Memphis, Boston, New York and Los

Angeles, FHAO provides resources,

speakers, workshops and teacher

institutes with the goal of teaching

students the lessons of history necessary

to be responsible and involved citizens.

Workshops help teachers to design their

own courses or lessons.

National Education Association (NEA)

1201 Sixteenth Street NW

Washington, D.C. 20036

202/822-7453

Among other activities, NEA’s Human and

Civil Rights Division focuses on preventing

and responding to hate motivated incidents

in schools. Provides training, technical

assistance, and information to NEA’s

members and the public.

American Federation of Teachers (AFT)

555 New Jersey Avenue NW

Washington, D.C. 20001

800/238-1133 ext. 4434

202/879-4434

www.aft.org/humanrights/index.htm

The Human Rights and Community

Relations Department of the AFT serves

as a clearinghouse of information on

civil, human and women’s rights issues,

keeping local and state affiliates

informed of current trends and

publications, and maintaining

relationships with community and civil

rights organizations.

Center for the Study and

Prevention of Violence (CSPV)

University of Colorado

Campus Box 442

Boulder, Colorado 80309-0442

303/492-1032

Compiles research on causes and

prevention of violence. Offers technical

assistance for evaluation and development

of violence prevention programs.

National Congress of

Parents and Teachers

330 N. Wabash Street, Suite 2100

Chicago, IL 60611

312/670-6782

Information on school safety issues,

including parent initiatives.

American-Arab Anti-Discrimination

Committee

4201 Connecticut Avenue NW

Suite 300

Washington, D.C. 20008

202/244-2990

Committee provides information on hate

crimes against Arab-Americans.

National Asian Pacific Legal Consortium

1140 Connecticut Avenue NW

Suite 1200

Washington, D.C. 20036

202/296-2300; FAX 202/296-2318

www.NAPALC.org

E-mail:NAPALC@napalc.org

Nonprofit, nonpartisan organization

whose mission is to advance and

protect the legal and civil rights of

Asian Pacific Americans. In their efforts

to address and prevent anti-Asian

violence, the Consortium and its

Archived Information
Appendix D: Technical Assistance 145

D: Tech. Assistance

American Association for Mental

Retardation

444 N. Capitol Street NW, Suite 846

Washington, D.C. 20001

202/424-3688

National organization devoted to

furthering opportunities for persons

with disabilities. This organization may

be able to provide referrals to a range of

persons and organizations that can help

schools counter harassment of students

with disabilities.

Center for Civic Education

5146 Douglas Fir Road

Calabasas, CA 91302-1467

818/591-9321

www.civiced.org/aboutcce.html

Independent, nonprofit corporation

with a network of program

coordinators and youth chapters in

every state. The Center administers

curricular, teacher training and

community based programs to

promote participation in American

constitutional democracy. The Center’s

Youth for Justice, supported by the

Office of Juvenile Justice and

Delinquency Prevention in the U.S.

Department of Justice, is a national

network of programs for all grade

levels that involve students in

identifying and implementing solutions

that will lead to safe, disciplined and

drug-free schools.

Study Circles Resource Center (SCRC)

P.O. Box 203

Pomfret, CT 06258

860/928-2616

SCRC helps communities use study

circles (small, democratic, discussion

groups) to discuss and problem-solve

on issues such as race, education, and

crime. Materials are available for use in

middle schools and upper grades.

Green Circle Program

1300 Spruce Street

Philadelphia, PA

215/893-8400

Programs developed by Green Circle

for students ages 12-18 to promote

awareness and appreciation of diversity

in school and other settings. Looks at

language, stereotypes, and the impact

of historical and current events.

affiliates monitor and document hatemotivated incidents, publish an annual

audit of anti-Asian violence, and

provide education to the Asian Pacific

American community, law enforcement,

policy makers and the general public.

Affiliates are:

• Asian American Legal Defense and

Education Fund

99 Hudson Street, 12th floor

New York, NY 10013

212/966-5932

E-mail:AALDEF@WORLDNET.ATT.NET

• Asian Law Caucus

720 Market Street

San Francisco, CA 94102

415/391-1655

E-mail: HN5601@HANDSNET.ORG

• Asian Pacific American Legal Center

of Southern California

1010 S. Flower Street, Suite 302

Los Angeles, CA 90015

213/748-2022

E:mail: APALC@EARTHLINK.NET

National Center for

Hate Crime Prevention

Education Development Center (EDC)

55 Chapel Street

Newton, MA 02458

617/969-7100, ext. 2336

FAX 617/244-3436

E:mail: osula@edc.org

Funded by the U.S. Department of

Justice Office for Juvenile Justice and

Policy Prevention and the U.S.

Department of Education’s Office of Safe

and Drug-free Schools to provide

technical assistance, training, and

resources to professionals and

communities interested in preventing

hate crimes.

Wellesley College Center for Research

on Women

106 Center Street

Wellesley, MA 02481

781/283-2500

www.wellesley.edu/WCW/

Founded in 1974, the Center is home to

an interdisciplinary community of

scholars engaged in research designed

to generate and shape public policy.

Major source of expertise, training,

professional development, and

publications on sex equity, sexual

harassment, gender violence and

bullying.

Native American Rights Fund

1506 Broadway

Boulder, CO 80302

303/447-8760; FAX 303/443-7776

The Native American Rights Fund is a

national legal organization dedicated to

the preservation of tribal and individual

Native American rights, treaty rights,

land claims and other issues of vital

interest to Native Americans. This

organization can provide referrals to

regional and local sources of expertise.

National Indian Education Association

700 North Fairfax Street

Suite 210

Alexandria, VA 22314

703/838-2870; FAX 703/838-1620

The NIEA is the nation’s oldest and

largest organization that advocates

primarily for the improvement of

education services and opportunities

for American Indian and Alaska

Natives. The NIEA provides workshops

on racial harassment of American

Indians, helps to ensure culturally

accurate and appropriate curricula in

public education settings, and consults

on individual problems. The NIEA

encompasses a nationwide network of

individuals and resources.

Archived Information
146 Protecting Students from Harassment and Hate Crime

D: Tech. Assistance

Archived Information
Appendix E: Books, Publications & Videos 147

E: Publications

Appendix E:

Books, Publications and

Videos

Archived Information
148 Protecting Students from Harassment and Hate Crime

E: Publications

Archived Information
Appendix E: Books, Publications & Videos 149

E: Publications

Books, Publications and Videos

Following is a sample of the many publications and educational

materials available. In some instances, information about the

contents is provided. Contact the organization listed for further

information. Cost information is not included.

1. General publications, books, manuals, articles,

and monographs

Office for Civil Rights; Sexual Harassment Guidance;

Harassment of Students by School Employees, Other Students,

or Third Parties; Notice, 62 Federal Register 12034 (March 13,

1997), U.S. Department of Education, Office for Civil Rights,

Washington, D.C. 800/421-3481, available at www.ed.gov/

offices/OCR or by calling 877/4ED-PUBS toll-free. The

Guidance provides educational institutions with information

regarding the standards that OCR uses, and that institutions

should use, to investigate and resolve allegations of sexual

harassment of students engaged in by school employees,

other students or third parties.

Racial Incidents and Harassment Against Students at

Educational Institutions; Investigative Guidance; Notice, 59

Federal Register 11448 (March 10, 1994), available at

www.ed.gov/offices/OCR or by calling 877/4ED-PUBS toll-free.

Explains the standards used by OCR in investigating and

resolving complaints of racial harassment.

Preventing Youth Hate Crime — A Manual for Schools and

Communities, U.S. Department of Education, Safe and DrugFree Schools Program, 400 Maryland Ave. SW, Washington,

D.C. 20202, 202/260-3954. Available at www.ed.gov/offices/

OESE/SDFS/news.html or by calling 877/4ED-PUBS toll-free.

Issued in 1998, this pamphlet provides an overview of

methods for preventing hate crime, describes model

programs, and lists numerous resources.

Early Warning, Timely Response: A Guide to Safe Schools,

available at www.ed.gov/offices/OSERS/OSEP/earlywrn.html or

by calling 877/4ED-PUBS toll-free. This new guide offers

research based practices designed to assist schools and

communities in identifying early warning signs of troubled

children and developing prevention, intervention, and crisis

response plans.

Annual Report on School Safety

www.ed.gov/offices/OESE/SDFS/news.html or by calling 877/

4ED-PUBS toll-free. This new report was issued by the U.S.

Department of Education and the U.S. Department of Justice

in October 1998; the report provides an overview of the scope

of school crime and describes the actions that schools and

communities can take to address this issue. The report

contains numerous descriptions and evaluative data regarding

existing school programs to prevent or address hate crime,

harassment, and school violence and references to many

resources on school safety and conflict resolution activities.

A Policymaker’s Guide to Hate Crimes, Bureau of Justice

Assistance, U.S. Department of Justice, Washington, D.C.

(March 1997), 800/688-4252, www.ojp.usdoj.gov/BJA. A

summary of hate crime enforcement issues, not limited to

education.

1997 Hate Crimes Laws, Anti-Defamation League (1997), 800/

343-5540. Booklet describes various types of hate crime laws

and provides information on state level enforcement. Also, Hate

Crimes: ADL Blueprint for Action (1997) describes ADL projects

and coalitions around the country working against hate crime.

Abolishing Harassment, Equity Coalition for Race, Gender and

National Origin, Volume IV, Number 1 (Spring 1996), published

by Programs for Educational Opportunity, University of

Michigan School of Education, Ann Arbor, MI 48109, 734/763-

9910, www.umich.edu/~eqtynet. Series of articles on

harassment based on race, sex, and other grounds. Provides a

thorough explanation of the issues involved and a list of

resources.

Hate Crime: A Sourcebook for Schools Confronting Bigotry,

Harassment, Vandalism and Violence, Cristina BodingerDeUriarte and Anthony R. Sancho (1991), Southwest Center for

Educational Equity, Southwest Regional Laboratory, 4665

Lampson Avenue, Los Alamitos, CA 90720, 562/598-7661,

www.WestEd.org.

Title IX Grievance Procedures: An Introductory Manual, U.S.

Department of Education, Office for Civil Rights (1987), 800/

421-3481 or 877/4ED-PUBS. In-depth presentation of various

methods of providing grievance procedures required under

Title IX.

Stopping Anti-Gay Abuse of Students in Public Schools: A Legal

Perspective, David Buckel, Staff Attorney, Lambda Legal

Defense and Education Fund, Inc. (New York 1996). Article

describing strategies for stopping harassment based on sexual

orientation.

When Hate Groups Come to Town, Resource Manual, Center for

Democratic Renewal, P.O.Box 50469, Atlanta, GA 30302, 404/

221-0025.

Hate-Motivated Behavior in Schools -- Response Strategies for

School Boards, Administrators, Law Enforcement, and

Communities, developed by Sherry McLaughlin, for the

Alameda County Office of Education in cooperation with the

California Department of Education (1997), 313 W. Winton Ave.,

Hayward, CA 94544 510/670-4220, 800/995-4099.

Comprehensive, succinct treatment of anti-harassment

strategies for schools. Includes materials appropriate for staff

training, descriptions of model programs, and citations to

numerous resources.

The Legal Rights of Public School Students and Teachers: A

Focus on Sexual Orientation Discrimination in Massachusetts

Elementary and Secondary Schools, Gay and Lesbian

Advocates and Defenders (GLAD), 294 Washington Street,

Suite 740, Boston, MA 02108, 617/426-1350.

Archived Information
150 Protecting Students from Harassment and Hate Crime

E: Publications

Preventing and Countering School-Based Harassment -- A

Resource Guide for K-12 Educators, Northwest Regional

Educational Laboratory, Center for National Origin, Race and

Sex Equity (July 1997), 101 S.W. Main Street, Suite 500,

Portland, OR 97204, 503/275-9603 www.nwrel.org/cnorse.

Written in easy-to-understand terms for teachers, parents, and

administrators, this guide covers harassment based on race,

sex, and other grounds.

Understanding and Dealing with Sexual Harassment, North

Dakota Department of Public Instruction, 600 East Boulevard

Avenue, Bismarck, ND 58505, 701/328-2310.

Righting the Wrongs, A Legal Guide to Understanding,

Addressing, and Preventing Sexual Harassment in Schools, by

Deborah L. Brake and Verna L. Williams, National Women’s

Law Center (1998), in collaboration with the Council of Chief

State School Officers and the National School Boards

Association, 11 Dupont Circle NW, Suite 800, Washington,

D.C. 20036. 202/588-5180, www.nwlc.org. Recently published,

this guide contains in-depth coverage of legal issues relevant

to sexual harassment, including First Amendment and FERPA

concerns; practical suggestions; sample policy and forms; and

table of state sexual harassment laws.

Do the Right Thing, Understanding, Addressing, and Preventing

Sexual Harassment in Schools, A Practical Guide for Educators,

Parents, and Students, by Verna L. Williams and Deborah L.

Brake, National Women’s Law Center, in collaboration with the

Council of Chief State School Officers and the National School

Boards Association (1998), 11 Dupont Circle NW, Suite 800,

Washington, D.C. 20036, 202/588-5180, www.nwlc.org.

Written in nontechnical terms, this recently published guide

contains a review of applicable law, prevention and intervention

strategies, case studies, and lists of expert resources for

educators, parents, and others.

Student-to-Student Sexual Harassment: A Legal Guide for

Schools, National School Boards Association (1998), 1680

Duke Street, Alexandria, VA 22314, 703/838-6722, FAX 703/

683-7590. Comprehensive information on preventing and

responding to sexual harassment.

The Gay Teen: Educational Practice and Theory for Lesbian,

Gay and Bisexual Adolescents, Ed. Unks (1995 New York:

Rutledge). Book.

Educator’s Guide to Controlling Sexual Harassment, Bernice R.

Sandler (1994), Thompson Publishing Group, Inc., 1725 K

Street NW, 7th floor, Washington, D.C. 20006, 1-800-677-3789,

http://www.thompson.com. Includes monthly updates on recent

cases and changes in the law.

2. Curriculum materials and teacher guides

Looking for America, Volume I: Promising School-Based

Practices in Intergroup Relations (1994); Volume II: Seven

Schools Experimenting with Intergroup Relations (1995),

National Coalition of Advocates for Students, 100 Boylston

Street, Boston, MA 02116. Documents model schools and

curricula that foster positive intergroup relations, particularly

between immigrant students and their U.S.- born classmates.

America’s Civil Rights Movement, The Shadow of Hate, and

Starting Small, Teaching Tolerance, 400 Washington Ave.,

Montgomery, AL 36104, 334/264-0286, FAX 334/264-3710.

www.splcenter.org/teachingtolerance.html. Free video and text

teaching kits, suitable for various grade levels, including

preschool and early grades.

Anti-Defamation League Catalog for Classroom and

Community, Anti-Defamation League, World of Difference, 823

United Nations Plaza, New York, NY 10017, 212/490-2525,

8OO/343-5540, www.adl.org. Describes hundreds of available

K-12 curricula and instructional materials, including videos and

teacher guides.

Facing History and Ourselves, Facing History and Ourselves

National Foundation, Inc., Brookline, MA (1995), 617/232-

1595, www.facing.org. Suitable for grades 7-12.

Flirting of Hurting? A Teacher’s Guide to Student-to-Student

Sexual Harassment in Schools, Wellesley College Center for

Women, Publications Department, 106 Central Street, Wellesley,

MA (1994), 781/283-2510. Suitable for grades 6-12.

Hands Across Campus, American Jewish Committee, Washington,

D.C. (1996), 202/785-4200. Suitable for grades 6-12.

Healing the Hate: A National Bias Crime Prevention Curriculum

for Middle Schools, Education Development Center, Inc., and

the Office of Juvenile Justice and Delinquency Prevention,

Washington, D.C. (January 1997), 800/ 225-4276 or 800/638-

8736. A multi-unit curriculum in which students develop skills in

empathy, critical thinking, perspective taking, and media literacy.

Tolerance for Diversity of Beliefs: A Secondary Curriculum Unit,

Social Science Education Consortium, Boulder, CO, 303/492-8154.

Quit It, A Teacher’s Guide to Teasing and Bullying for Use with

Students Grades K-3, Merle Froschl, Barbara Sprung, and

Nancy Mullin-Rindler, with Nan Stein and Nancy Gropper, a joint

publication of the Educational Equity Concepts, Inc., the

Wellesley College Center for Research on Women, and the NEA

Professional Library. Educational Equity Concepts, Inc., 114

East 32nd Street, New York, NY 10016, 212-725-1803, E-mail

75507.1306@compuserve.com.

Bullyproof: A Teacher’s Guide on Teasing and Bullying for Use

with 4th and 5th Grade Students, Nan Stein and Lisa Sjostrom,

Wellesley College Center for Research on Women and NEA

Professional Library, Publications Department, 106 Central

Street, Wellesley, MA 02181, 781/283-2510.

Teacher, they called me a ————!, Confronting Prejudice and

Discrimination in the Classroom, Deborah Byrnes, AntiDefamation League, 823 United Nations Plaza, New York, NY

10017, 800/343-5540. A publication of the Anti-Defamation

League and the Utah State Office of Education.

Teaching Tolerance, Southern Poverty Law Center, 400

Washington Avenue, Montgomery, AL 36104, 334/264-0286.

Semiannual magazine, provided free to educators, contains

ideas and strategies for teaching against prejudice and provides

access to curriculum and other materials offered by the Center.

Archived Information
Appendix E: Books, Publications & Videos 151

E: Publications

Pride in Who We Are: Compendium of Model Programs and

Prejudice Reduction and Hate Crimes Prevention: An Annotated

Bibliography of Resources for Teachers and School

Administrators, New Jersey Department of Education, Division

of Student Services, Office of Bilingual Education and Equity

Issues (August 1997), 609/292-8777.

Talking to Our Children about Racism, Prejudice, and Diversity,

Leadership Conference Education Fund, 1629 K Street NW,

Suite 1010, Washington, D.C., 20006, 202/466-3434. Suitable

for grades K-3.

Resolving Conflict Creatively Program (RCCP), RCCP National

Center, 40 Exchange Place, Suite 1111, New York, NY 10005,

212/509-0022, FAX 212/509-1095. An initiative of the

Educators for Social Responsibility, this K-12 model includes

professional development for teachers, classroom instruction,

peer mediation and bias awareness training.

3. Brochures and other materials for students and

parents

Sexual Harassment, It’s Not Academic (March 1997), U.S.

Department of Education, Office for Civil Rights, Washington,

D.C., 800/421-3481 or 877/4ED-PUBS, www.ed.gov/offices/

OCR.This pamphlet outlines basic principles in dealing with

sexual harassment in a question-and-answer format. Suitable

for a general audience, including parents and older students.

Sexual Harassment – It’s Not Fun, It’s Illegal (for Deaf and Hard

of Hearing Students), Minnesota Department of Children, Family

and Learning, 550 Cedar Street, St. Paul, MN 55101.

Stop the Hate: A Community Brochure, El Hogar de la Paz,

Tucson Police Department, Pima County/Tucson Anti-Hate

Crimes Task Force/ Tucson Unified School District (1997),

520/791-4444.

Tune In to Your Rights: A Guide for Teenagers about Turning Off

Sexual Harassment (1985), Barbara Morris, Jacquie Terpstra,

Bob Croninger, and Eleanor Linn, Programs for Educational

Opportunities, University of Michigan School of Education, Ann

Arbor, MI 48109-1259, 734/763-9910. Popular, well-written

pamphlet for students on dealing with sexual harassment.

Available in English, Spanish, and Arabic.

Erasing Hate, A Guide to Your Civil Rights in School, published

by the Massachusetts Office of the Attorney General,

617/727-2200. Summarizing Massachusetts and federal rights

and remedies of students encountering harassment and bias

crime, this is an example of a short informative pamphlet

written for general audiences.

What to Tell Your Child About Prejudice and Discrimination

(1997), published by the National Parent Teacher Association,

300 N. Wabash Street, Suite 2100, Chicago, IL 60611,

312/670-6782, and the Anti-Defamation League, 823 United

Nations Plaza, New York, NY 10017. Six-page pamphlet written

for parents to explore how children learn prejudices, why young

children use name calling, and what parents can do to

counteract prejudice in their children.

4. Youth Activity Programs

NCSEE News (Summer 1998), P.O. Box 534, Annandale, N.J.

08801, 908/735-5045. Describes almost 20 student projects

devoted to combating sexual and racial harassment and

discrimination.

Panel of Young Americans, Anti-Defamation League, 823

United Nations Plaza, New York, NY 10017, 800/343-5540.

Guide for creating student diversity panels; video and

curricular materials.

Tucson Unified School District Collaborative for Violence

Prevention, 1010 East 10th Street, Tucson, AZ 85717,

520/512-3084, El Hogar de la Paz project trains youth in

prevention strategies.

Conflict Resolution for Youth: Programming for Schools, YouthServing Organizations, and Community and Juvenile Justice

Settings, 800/638-8736. Videotaped teleconference held in 1996

on implementing conflict resolution strategies in schools,

including information on training and consultation resources.

Archived Information
152 Protecting Students from Harassment and Hate Crime

E: Publications

Archived Information
Index 153

Index

A

Age of harasser and student harassed

importance of 6, 7, 18

Americans with Disabilities Act of 1990 (ADA)

18, 31, 38, 47 note 1 , 48 notes 5, 7

and 11, 50 note 29, 51 note 35, 52

notes 45, 46 and 48, 53 note 59

Annual Report on School Safety 9, 149

Anti-Defamation League

compilation of state hate laws 10, 53 notes

61 and 67, 135

how to contact 143

Arizona Sample School Policy 17, 18, 57

Auxiliary aids to persons with disabilities

31, 32, 35, 52 notes 46 and 48

C

Community partnerships

as part of a comprehensive approach 5

in developing anti-harassment policy 15

information in languages other than English

35

role in addressing and preventing

harassment 6, 38, 46, 83

role in addressing and preventing hate

crimes 8, 44

Community Relations Service, U.S. Dept. of

Justice

how to contact 140

role of 53 note 65

Complaint procedures. See Grievance

procedures

Compliance coordinators

complaint managers 20, 23

duties of 9, 20, 38

federal requirements 9, 38, 48 notes 5 and

11, 51 note 35, 53 note 59

need for in a comprehensive approach 6

notice identifying coordinator required

9, 20, 38, 51 note 35

Confidentiality

disclosure of disciplinary sanctions. See

Family Educational Rights and Privacy

Act (FERPA): disclosure of remedial

action

evaluating requests for confidentiality

24, 48 note 8, 51 note 39

Family Educational Rights and Privacy

Act. See Family Educational Rights and

Privacy Act

maintaining confidentiality of information

8, 20, 24, 32, 33, 48 notes 6, 8 and

9, 52 notes 42 and 51, 53 note 54

Criminal charges

school's responsibility when charges are

filed 11, 26, 43

Crisis intervention plans

components of 44, 53 note 64

conflict intervention teams 125

Early Warning, Timely Response: A Guide to

Safe Schools 11, 149

media relations 44, 110

need for 6, 11, 44

responding to harassment reports 24

Curriculum to help prevent harassment

available resources 150

benefits of 9, 45

need for in a comprehensive approach 6

training staff to use 9, 36

types of 9, 36, 117

D

Davis v. Monroe County Board

of Education 48 note 18

Desegregation Assistance Centers

how to contact 142

Determining prevalence of incidents. See Selfassessment of school climate

Disability, harassment based on

examples of 18, 50 note 30

generally 1

policies prohibiting 18, 50 note 30

related court cases 50 note 29

Discipline policies for students

consistency with policies against harassment 5, 27, 29

consistent enforcement 7, 37, 45

disciplining students with disabilities 27–

28, 51 note 40

disclosure of disciplinary sanctions. See

Family Educational Rights and Privacy

Act (FERPA): disclosure of remedial

action

monitoring disciplinary referrals 8, 25, 42

nondiscriminatory enforcement 37, 45

punishment of students who commit

harassment 7, 27

Documentation of harassment incidents

as part of a comprehensive approach 6

as part of monitoring the school environment 8, 38–39

documenting responses to unwritten reports

25, 38–39

evaluating patterns of harassment 9, 39

information to be recorded 39

Due process rights of alleged harasser 33, 51

note 41, 52 note 50

E

Early Warning, Timely Response: A Guide to

Safe Schools 11, 149

Edmonds School District Comprehensive Plan

83–84

Erasing Hate brochure 127

F

Family Educational Rights and Privacy Act

(FERPA)

disclosure of personal information restricted

8, 48 note 6, 52 note 51

disclosure of remedial action 8, 28, 34, 48

note 9, 52 note 42, 53 note 54

regulations 52 note 53

requests for confidentiality 24, 48 note

8, 51 note 39

Federal law and policy

best practices and legal requirements

distinguished 1

changes in 1

compliance coordinators 9, 38, 47–48

note 5, 48 note 11, 51 note 35, 53 note

59

discipline of students with disabilities 27,

51 note 40

federal discrimination statutes and

regulations 1, 16, 47 note 1

federal statutes related to hate crime

10, 18, 41, 47 note 2, 48 note 12

federal statutes related to reporting hate

crimes 44–45

First Amendment 2, 20–21, 51 note 37

grievance procedures 8, 31, 34, 47–48

note 5, 48 note 7, 51 note 35, 52 notes

44, 45 and 46

harassment based on disability 18, 50 note

29

harassment based on sexual orientation

18, 19, 47 note 2

hostile environment 19, 50 note 31

informal resolution procedures 34

notice of nondiscrimination 47–48 note 5

OCR's Racial Incidents and Harassment

against Students. See Racial Incidents

and Harassment Against Students at

Educational Institutions; Investigative

Guidance; Notice

Index

References are to page numbers

unless specified otherwise (i.e.,

note numbers). References to

particular note numbers are in

italics; the page number on which

the note is found immediately

precedes the note number and is

not italicized.

Archived Information
154 Protecting Students from Harassment and Hate Crime

Index Index

OCR's Sexual Harassment Guidance. See

Sexual Harassment Guidance; Harassment of Students by School Employees,

Other Students, or Third Parties; Notice

providing information to persons with

disabilities 31, 52 notes 46 and 48.

See also Auxiliary aids to persons with

disabilities

retaliation 20, 51 note 36

school policies against harassment 16,

47–48 note 5, 48 note 16

sexual harassment by person of same sex

17, 50 note 24

sexual harassment of gay and lesbian

students 18, 50 note 25

treatment in Guide 1

FERPA. See Family Educational Rights and

Privacy Act

First Amendment 2, 20–21, 51 note 37

Freedom of speech. See First Amendment

G

Gebser v. Lago Vista Independent School

District 133

Graffiti and vandalism

as violations of law 10, 43, 48 notes 13

and 15

monitoring the school environment for 26

preservation of evidence 10–11, 43, 48

notes 13 and 15, 53 notes 57 and

63, 80, 123

preventing recurrence 28, 37

protocol for handling 123

Grievance procedures

advising victim of 32

appeal process 34

Arizona sample complaint/report form 61

as part of policies prohibiting harassment.

See Policies prohibiting harassment:

grievance procedures

checklist for reviewing 52 note

47, 93, 99, 108

complaints by persons with disabilities 32

components of 8, 31–34, 52 note 45

confidential information. See Family

Educational Rights and Privacy Act

(FERPA) and Confidentiality

corrective action 8, 34. See also Remedial

action

designing grievance procedures 31, 32

dissemination 8, 35, 48 note 5, 52 note

46. See also Notification that harassment

is prohibited: information on complaint

procedures

due process rights of alleged harasser

33, 51 note 41, 52 note 50

federal laws concerning 8, 31, 48 notes 5

and 7, 51 note 35, 52 notes 44 and 45

filing procedures 8, 32

formal complaint/unwritten complaint

distinguished 32

identify person to receive complaints

5, 8, 15, 20, 23, 51 note 35

impartiality required 33

informal resolution procedures. See

Informal resolution procedures

information in other languages 31

instructions for investigators 9, 33

investigating complaints 33, 87–91. See

also Investigating complaints

making findings 33–34

Minnesota sample complaint/report form 66

need for in a comprehensive approach 6

providing information to persons with

disabilities 31, 52 notes 46 and 48

publicizing 31, 35

reasons for 8

representation of parties 33

reviewing past use 31

selecting and training investigator 33,

52 note 49. See also Training of staff: to

conduct investigations

Step-by-Step Guidance 31–34

time frames for completing investigation

33, 52 note 52

time limits for filing 32

West Virginia sample complaint/report form

75

H

Harassment

based on association with protected class 7, 25

by employees 1, 16. See also Policies

prohibiting harassment: application to

harassment by employees

by other students 1, 16, 48–49 note

18. See also Policies prohibiting

harassment: application to harassment

by students

by third parties 1, 16, 36, 49 note 19. See

also Policies prohibiting harassment:

application to harassment by third parties

elements of a comprehensive approach 6

frequency 1, 47 note 3

harm caused by 1, 9

hostile environment. See Hostile environment

importance of preventing harassment

5, 8. See also Preventing harassment:

strategies for

types of harassment 1

Harassment based on disability. See Disability,

harassment based on

Harassment based on national origin.

See National origin, harassment based on

Harassment based on race. See Race,

harassment based on

Harassment based on religion. See Religion,

harassment based on

Harassment based on sex. See Sexual

harassment

Harassment based on sexual orientation. See

Sexual orientation, harassment based on

Hate crime

addressing in a comprehensive approach 6

as related to disability 10

as related to national origin 10, 41

as related to race 10, 41

as related to religion 10, 41

as related to sex and sexual offenses

10, 41, 42

as related to sexual orientation

10, 18, 41, 47 note 2

bias indicators 42, 121

chart of state hate crime laws 135

dangers of 10, 41

data collection and reporting requirements

6, 44–45, 53 notes 66 and 67

definition of 10, 41, 53 note 60

federal laws regarding 10, 18, 41, 47 note 2,

48 note 12

graffiti and vandalism. See Graffiti and

vandalism

learning to recognize 6, 10, 41, 42

referral to law enforcement agencies. See

Law enforcement agencies: referral of

incidents to

school's role in preventing 6, 10, 45

state attorneys general. See State laws

against harassment and hate crime:

consult state attorney general

state laws regarding 10, 41–42, 44–45,

47 note 2, 135. See also State laws

against harassment and hate crime

Hostile environment

policy language describing 19

totality of circumstances 19, 50 note 31

I

Indicators of bias/hate motivation

guidelines for determining hate motivation

42, 121

monitoring discipline referrals 25, 42

Individuals with Disabilities Education Act

51 note 40

Informal resolution procedures

mediation 29

policy language regarding 34

when appropriate to use 7, 26, 34

Investigating complaints

grievance procedures 33

how to investigate 33, 87, 97

impartial investigations required 8, 33

prompt and thorough investigations

required 8, 33

providing interpreters 33

scope of investigations 27

training investigators 9, 33, 36,

52 note 49, 87, 93, 97

types of investigations 26–27

Archived Information
Index 155

Index

L

Law enforcement agencies

assisting victim to file charges with 11, 43

collaboration with 6, 44

referral of incidents to

6, 7, 10, 11, 26, 42–43, 79

written agreements to collaborate

44, 45, 48 note 13, 53 note 68, 77

M

Martin Luther King, Jr.

Speech at Birmingham Jail 46

Massachusetts Office of the Attorney General

conflict intervention teams 125

Erasing Hate brochure 127

remedies available 11

Mediation of conflict. See also Community

Relations Service, U.S. Dept. of Justice

by students 37

conflict intervention teams 125

Minnesota Sample School Policy

16, 19, 20, 63

Monitoring the school environment

6, 8, 26, 37

N

Nabozny v. Podlesny 19, 47 note 2,

51 note 33

National Association of Attorneys General

as originator of Guide 1

generally 46

how to contact 142

not endorsing particular policies 2

National origin, harassment based on

generally 1

immigrants 8, 16

policies prohibiting 16–17, 49 notes 21

and 22

speakers of languages other than English

16

National School Boards Association

how to contact 143

New Jersey Memorandum of Understanding

48 note 13, 53 note 68, 77

Notification that harassment is prohibited

Arizona sample notice form 61

as part of a comprehensive approach

5, 6, 8, 35

as related to school climate 8

content of notice 35

in alternative formats 52 notes 46 and 48

information on complaint procedures 8, 35

Massachusetts Erasing Hate brochure 127

Minnesota sample notice form 66

notice of nondiscrimination 47–48 note 5

notifying community agencies 35

notifying third parties 36

posting a short summary 35, 61, 66

publicizing the policy 35

to include identity of compliance coordinator

9, 51 note 35

West Virginia sample notice 75

O

Offender rehabilitation programs

27, 28, 110

Office for Civil Rights (OCR)

as originator of Guide 1

federal statutes and regulations enforced by

OCR 47 note 1

generally 46

how to contact 139

not endorsing particular policies 2

responsibility to resolve harassment

complaints 11

P

Parental involvement

5, 6, 7, 8, 23, 24, 38, 46, 83–84, 151

Perpetrator, working with 6, 27, 28, 110

Personnel policies

consistency with policies against harassment 5, 28, 29

discipline of employees who commit

harassment 7, 28

due process. See Due process rights of

alleged harasser

Policies prohibiting harassment

application consistent with the First

Amendment 2, 20–21

application to harassment by employees 16,

17, 50 notes 26 and 27

application to harassment by students

16, 48–49 note 18

application to harassment by third parties

16, 49 note 19

Arizona Sample School Policy 57

by person of same sex 17, 18

commitment to enforce 5, 15, 16

compliance coordinator 15

components 5, 15

coverage 15, 16

dissemination of 5, 6, 35

examples of harassment 5, 15

harassment based on disability 18, 50 note

30

harassment based on race/national origin

16–17, 49 notes 21 and 22

harassment based on religion 19

harassment based on sexual orientation 19,

20, 47 note 2, 51 note 34

hostile environment defined 15, 19

institutional remedies 52 note 43

Minnesota Sample School Policy 63

necessity of grievance procedures

5, 15, 20

need for in a comprehensive approach 6

process for developing 15

pursuant to state law 16, 19

remedial action 15, 52 note 43

required reporting by staff 5, 15, 20, 25

retaliation 15

settings in which apply 15, 16

sexual harassment 17–18. See also Sexual

harassment

tailor to district's needs 15

treatment under federal law 47–48 note

5, 48 note 16

Vermont Model Anti-Harassment Policy 67

West Virginia Legislative Rules 71

Preventing harassment

importance of 5

strategies for 5, 7, 8, 9, 29, 35–39,

53 note 56, 83, 109, 117

Preventing Youth Hate Crime: A Manual for

Schools and Communities 9, 149

Protecting Students from Harassment and Hate

Crime

created by OCR and NAAG 1

purpose of 1

R

Race, harassment based on

definition of 16–17

examples of 16–17

generally 1, 8

policies prohibiting 16–17, 49 note 22

Racial Incidents and Harassment Against

Students. See Racial Incidents and

Harassment Against Students at

Educational Institutions; Investigative

Guidance; Notice

Self-evaluation and Planning Guide 107–

108

Racial harassment. See Race, harassment

based on

Racial Incidents and Harassment Against

Students at Educational Institutions;

Investigative Guidance; Notice 1,

47 note 4, 49 note 20, 149

Referral to law enforcement agencies. See Law

enforcement agencies: referral of

incidents to

Religion, harassment based on 1, 19

Remedial action

changes in policies and procedures 28–29

disclosure of to victim. See Family

Educational Rights and Privacy Act

(FERPA): disclosure of remedial action

generally 8, 15, 27–29

institutional changes 7, 28–29, 52 note 43

to prevent recurrence 7, 27, 28, 29, 34

to restore a nondiscriminatory environment

28

transfer of victim 28

types of 27–29

Reporting harassment. See also Responding

to harassment

flexible responses 23

identify person to receive reports 5, 15, 23

interviewing victim 24

procedures for 5, 5–7, 9, 23, 35, 110

required reporting by staff 5, 7, 20, 25

Sample Hate-Motivated Behavior Incident

Report 113

sample report/complaint forms 61, 66, 75

screening of reports by administrators

7, 9, 25, 26

Archived Information
156 Protecting Students from Harassment and Hate Crime

Index Index

training of staff 9, 23–26

unwritten reports 25

unwritten reports/formal complaints

distinguished 32

use of report forms 23

Resources

brochures for students and parents 48 note

14, 151

curricula and teacher guides 150

general publications 149

technical assistance 37, 139

youth activity programs 151

Responding to harassment. See also Reporting

harassment

advising victim of all options

9, 11, 23, 26, 32, 48 note 14, 127

as part of a comprehensive approach 6

effective mechanisms 7, 20

generally 5–8, 20

immediate response required 6

instructions to staff 5, 20, 23–24, 27, 109

interim protection of victim 24

intervention by staff 9, 25, 36

interview victim 24

investigation required 7, 26

measures to prevent recurrence 7, 28

protocols for responding 20, 23, 27, 109

public statements condemning 7

referrals to law enforcement agencies. See

Law enforcement agencies: referral of

incidents to

remedial action 27–29

requests for confidentiality 24

retaliation 24

Step-by-Step Guidance 23–29

support for victim 7, 24, 28, 110

training of staff 23. See also Training of

staff

transfer of victim 28

type and scope of investigation 26–27

unwritten reports 25, 26, 32

Retaliation

advising victim regarding 24

federal law and policy 20, 51 note 36

policies prohibiting 5, 15, 20

policy language 20

preventing retaliation 7

retaliation when criminal charges are filed 43

S

Safe and Drug-Free Schools Program

how to contact 139

School climate

assessing school climate. See Selfassessment of school climate

monitoring school climate. See Monitoring

the school environment

Step-by-Step Guidance 35–39

supportive climate in a comprehensive

approach 8–9, 35–39

School security personnel

resource for addressing harassment 10, 45

Section 504 of the Rehabilitation Act of 1973

auxiliary aids 52 notes 46 and 48

citation 47 note 1

compliance coordinator 38, 48 notes 5 and

11, 53 note 59

discipline of students with disabilities 51

note 40

grievance procedures 48 notes 5 and 7, 52

notes 44 and 45

harassment based on disability 18, 50 note

29

notice of compliance coordinator 51 note

35

notice of nondiscrimination 48 note 5

retaliation 51 note 36

Self-assessment of school climate

assessing effectiveness of anti-harassment

program 6, 9, 38

methods for 8, 37

need for in a comprehensive approach 6

sample checklists and surveys 99–101,

103–105

self-assessment and racial harassment 107

Sexual harassment. See also Sexual Harassment Guidance; Harassment of Students

by School Employees, Other Students, or

Third Parties; Notice

by employees 17, 18, 50 notes 26 and

27, 133

by person of same sex 17, 18, 50 note 24

by students 48–49 note 18

by third parties. See Policies prohibiting

harassment: application to harassment

by third parties

defined 17

example of policy language 17

generally 1, 8

hostile environment and quid pro quo

discussed 17

nonsexual physical contact 18, 50 note 28

of gay and lesbian students 18, 47 note

2, 50 note 25

responding to reports of sexual harassment

23

training 18

unwelcome sexual conduct 18, 50 notes 26

and 27

Sexual Harassment Guidance; Harassment of

Students by School Employees, Other

Students, or Third Parties; Notice

availability 149

citation 47 note 4

confidentiality issues 24, 51 note 39, 52

note 42

due process rights of alleged harassers 52

note 50

First Amendment 21, 51 note 37

generally 1

grievance procedures 52 notes 44 and 45

harassment by person of same sex 50 note

24

harassment by third parties 49 note 19

hostile environment 50 note 31

informal resolution procedures 34

nonsexual physical contact 50 note 28

sexual harassment of gay and lesbian

students 50 note 25

unwelcome conduct 50 note 26

Sexual offenses

relationship to hate crimes 41

Sexual orientation, harassment based on

damage from 1, 19–20, 47 note 2

Equal Protection Clause. See Nabozny v.

Podlesny

examples of 51 note 34

generally 1, 19–20, 47 note 2

Nabozny v. Podlesny 19, 47 note 2,

51 note 33

policies prohibiting 20, 47 note 2, 51 note

34

responding to reports of harassment based

on sexual orientation 23, 24

treatment under state laws 18, 19

Sexual violence 41, 50 note 23

State laws against harassment and hate crime

availability of state law remedies 1,

11, 26, 41–42, 47 note 2

chart of state hate crime laws 135

consult state attorney general

1, 11, 16, 41, 140

data collection and reporting requirements

44–45

harassment based on disability 1, 11

harassment based on national origin 1, 11

harassment based on race 1, 11

harassment based on religion

1, 11, 16, 19

harassment based on sex 1, 11

harassment based on sexual orientation

1, 11, 16, 18, 19, 47 note 2

referrals and collaboration with law

enforcement agencies. See Law

enforcement agencies

Student activity and mediation programs

examples of 53 note 56, 83–84, 151

to improve school climate 9, 36, 36–

37, 53 note 56, 83

usefulness in a comprehensive approach 6

Student to student harassment

legal issues 48–49 note 18

T

Teaching appropriate behavior 7, 9, 37,

53 note 58, 110

Technical assistance. See Resources:

technical assistance

Title IX of the Education Amendments of

1972. See also Sexual Harassment

Guidance; Harassment of Students by

School Employees, Other Students, or

Third Parties; Notice

citation 47 note 1

compliance coordinators 38, 47–48 note

5, 48 note 11, 51 note 35,

53 note 59

grievance procedures 47–48 note 5,

48 note 7, 52 notes 44 and 45

letter from the Secretary of Education 133

Archived Information
Index 157

Index

nonsexual physical contact 50 note 28

notice of compliance coordinator 51 note 35

notice of nondiscrimination 47–48 note 5

retaliation 51 note 36

same sex harassment. See Sexual

harassment: by person of same sex

sexual harassment of gay and lesbian

students 18, 50 note 25

student to student harassment 48–49 note

18

unwelcome sexual conduct 18, 50 note 26

Title VI of the Civil Rights Act of 1964 31, 38,

47 note 1, 49 note 20, 51 note 36

Training of staff

as part of a comprehensive approach 6

assessing adequacy of 9

in diversity principles 9, 36, 83

in First Amendment principles 21

of supervisors 36

on-the-spot intervention 25, 36

skills needed by staff 8. See also

Curriculum to help prevent harassment:

training staff to use

to conduct investigations 9, 33, 36,

52 note 49, 87, 97, 97–98

to perform duties designated by school

policies 9, 35–36

to respond to harassment 23

Training of students

curriculum. See Curriculum to help prevent

harassment

new students 84

on harassment policies and grievance

procedures 8, 36

sensitivity training 6, 9, 21, 29, 36, 83

sexual harassment 18

U

University of Massachusetts – Amherst

protocol 48 note 15, 123

V

Vermont, State Board of Education Model

Policy 18, 34, 49 note 21, 50 note 30,

51 notes 34 and 40, 52 note 52, 67

Victim support. See Responding to harassment: support for victim W

West Virginia Legislative Rules 17, 50 notes

23 and 27, 52 note 52, 71

Archived Information