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
56 Protecting Students from Harassment and Hate Crime

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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.
58 Protecting Students from Harassment and Hate Crime

A: Sample Policies

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.
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
60 Protecting Students from Harassment and Hate Crime

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• 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.
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
62 Protecting Students from Harassment and Hate Crime

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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
64 Protecting Students from Harassment and Hate Crime

A: Sample Policies

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
Appendix A: Sample School Policies 65

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.
66 Protecting Students from Harassment and Hate Crime

A: Sample Policies

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
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.
68 Protecting Students from Harassment and Hate Crime

A: Sample Policies

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.
Appendix A: Sample School Policies 69

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
70 Protecting Students from Harassment and Hate Crime

A: Sample Policies

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.
Appendix A: Sample School Policies 71

A: Sample Policies

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
72 Protecting Students from Harassment and Hate Crime

A: Sample Policies

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.
Appendix A: Sample School Policies 73

A: Sample Policies

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
74 Protecting Students from Harassment and Hate Crime

A: Sample Policies

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
Appendix A: Sample School Policies 75

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
76 Protecting Students from Harassment and Hate Crime

A: Sample Policies
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
78 Protecting Students from Harassment and Hate Crime

A: Sample Policies

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
Appendix A: Sample School Policies 79

A: Sample Policies

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 —————
80 Protecting Students from Harassment and Hate Crime

A: Sample Policies

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
Appendix A: Sample School Policies 81

A: Sample Policies

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
82 Protecting Students from Harassment and Hate Crime

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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]
Appendix A: Sample School Policies 83

A: Sample Policies

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
84 Protecting Students from Harassment and Hate Crime

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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.