Index 153

Index

A

Age of harasser and student harassed

importance of 6, 7, 18

Americans with Disabilities Act of 1990 (ADA)

18, 31, 38, 47 note 1 , 48 notes 5, 7

and 11, 50 note 29, 51 note 35, 52

notes 45, 46 and 48, 53 note 59

Annual Report on School Safety 9, 149

Anti-Defamation League

compilation of state hate laws 10, 53 notes

61 and 67, 135

how to contact 143

Arizona Sample School Policy 17, 18, 57

Auxiliary aids to persons with disabilities

31, 32, 35, 52 notes 46 and 48

C

Community partnerships

as part of a comprehensive approach 5

in developing anti-harassment policy 15

information in languages other than English

35

role in addressing and preventing

harassment 6, 38, 46, 83

role in addressing and preventing hate

crimes 8, 44

Community Relations Service, U.S. Dept. of

Justice

how to contact 140

role of 53 note 65

Complaint procedures. See Grievance

procedures

Compliance coordinators

complaint managers 20, 23

duties of 9, 20, 38

federal requirements 9, 38, 48 notes 5 and

11, 51 note 35, 53 note 59

need for in a comprehensive approach 6

notice identifying coordinator required

9, 20, 38, 51 note 35

Confidentiality

disclosure of disciplinary sanctions. See

Family Educational Rights and Privacy

Act (FERPA): disclosure of remedial

action

evaluating requests for confidentiality

24, 48 note 8, 51 note 39

Family Educational Rights and Privacy

Act. See Family Educational Rights and

Privacy Act

maintaining confidentiality of information

8, 20, 24, 32, 33, 48 notes 6, 8 and

9, 52 notes 42 and 51, 53 note 54

Criminal charges

school's responsibility when charges are

filed 11, 26, 43

Crisis intervention plans

components of 44, 53 note 64

conflict intervention teams 125

Early Warning, Timely Response: A Guide to

Safe Schools 11, 149

media relations 44, 110

need for 6, 11, 44

responding to harassment reports 24

Curriculum to help prevent harassment

available resources 150

benefits of 9, 45

need for in a comprehensive approach 6

training staff to use 9, 36

types of 9, 36, 117

D

Davis v. Monroe County Board

of Education 48 note 18

Desegregation Assistance Centers

how to contact 142

Determining prevalence of incidents. See Selfassessment of school climate

Disability, harassment based on

examples of 18, 50 note 30

generally 1

policies prohibiting 18, 50 note 30

related court cases 50 note 29

Discipline policies for students

consistency with policies against harassment 5, 27, 29

consistent enforcement 7, 37, 45

disciplining students with disabilities 27–

28, 51 note 40

disclosure of disciplinary sanctions. See

Family Educational Rights and Privacy

Act (FERPA): disclosure of remedial

action

monitoring disciplinary referrals 8, 25, 42

nondiscriminatory enforcement 37, 45

punishment of students who commit

harassment 7, 27

Documentation of harassment incidents

as part of a comprehensive approach 6

as part of monitoring the school environment 8, 38–39

documenting responses to unwritten reports

25, 38–39

evaluating patterns of harassment 9, 39

information to be recorded 39

Due process rights of alleged harasser 33, 51

note 41, 52 note 50

E

Early Warning, Timely Response: A Guide to

Safe Schools 11, 149

Edmonds School District Comprehensive Plan

83–84

Erasing Hate brochure 127

F

Family Educational Rights and Privacy Act

(FERPA)

disclosure of personal information restricted

8, 48 note 6, 52 note 51

disclosure of remedial action 8, 28, 34, 48

note 9, 52 note 42, 53 note 54

regulations 52 note 53

requests for confidentiality 24, 48 note

8, 51 note 39

Federal law and policy

best practices and legal requirements

distinguished 1

changes in 1

compliance coordinators 9, 38, 47–48

note 5, 48 note 11, 51 note 35, 53 note

59

discipline of students with disabilities 27,

51 note 40

federal discrimination statutes and

regulations 1, 16, 47 note 1

federal statutes related to hate crime

10, 18, 41, 47 note 2, 48 note 12

federal statutes related to reporting hate

crimes 44–45

First Amendment 2, 20–21, 51 note 37

grievance procedures 8, 31, 34, 47–48

note 5, 48 note 7, 51 note 35, 52 notes

44, 45 and 46

harassment based on disability 18, 50 note

29

harassment based on sexual orientation

18, 19, 47 note 2

hostile environment 19, 50 note 31

informal resolution procedures 34

notice of nondiscrimination 47–48 note 5

OCR's Racial Incidents and Harassment

against Students. See Racial Incidents

and Harassment Against Students at

Educational Institutions; Investigative

Guidance; Notice

Index

References are to page numbers

unless specified otherwise (i.e.,

note numbers). References to

particular note numbers are in

italics; the page number on which

the note is found immediately

precedes the note number and is

not italicized.
154 Protecting Students from Harassment and Hate Crime

Index Index

OCR's Sexual Harassment Guidance. See

Sexual Harassment Guidance; Harassment of Students by School Employees,

Other Students, or Third Parties; Notice

providing information to persons with

disabilities 31, 52 notes 46 and 48.

See also Auxiliary aids to persons with

disabilities

retaliation 20, 51 note 36

school policies against harassment 16,

47–48 note 5, 48 note 16

sexual harassment by person of same sex

17, 50 note 24

sexual harassment of gay and lesbian

students 18, 50 note 25

treatment in Guide 1

FERPA. See Family Educational Rights and

Privacy Act

First Amendment 2, 20–21, 51 note 37

Freedom of speech. See First Amendment

G

Gebser v. Lago Vista Independent School

District 133

Graffiti and vandalism

as violations of law 10, 43, 48 notes 13

and 15

monitoring the school environment for 26

preservation of evidence 10–11, 43, 48

notes 13 and 15, 53 notes 57 and

63, 80, 123

preventing recurrence 28, 37

protocol for handling 123

Grievance procedures

advising victim of 32

appeal process 34

Arizona sample complaint/report form 61

as part of policies prohibiting harassment.

See Policies prohibiting harassment:

grievance procedures

checklist for reviewing 52 note

47, 93, 99, 108

complaints by persons with disabilities 32

components of 8, 31–34, 52 note 45

confidential information. See Family

Educational Rights and Privacy Act

(FERPA) and Confidentiality

corrective action 8, 34. See also Remedial

action

designing grievance procedures 31, 32

dissemination 8, 35, 48 note 5, 52 note

46. See also Notification that harassment

is prohibited: information on complaint

procedures

due process rights of alleged harasser

33, 51 note 41, 52 note 50

federal laws concerning 8, 31, 48 notes 5

and 7, 51 note 35, 52 notes 44 and 45

filing procedures 8, 32

formal complaint/unwritten complaint

distinguished 32

identify person to receive complaints

5, 8, 15, 20, 23, 51 note 35

impartiality required 33

informal resolution procedures. See

Informal resolution procedures

information in other languages 31

instructions for investigators 9, 33

investigating complaints 33, 87–91. See

also Investigating complaints

making findings 33–34

Minnesota sample complaint/report form 66

need for in a comprehensive approach 6

providing information to persons with

disabilities 31, 52 notes 46 and 48

publicizing 31, 35

reasons for 8

representation of parties 33

reviewing past use 31

selecting and training investigator 33,

52 note 49. See also Training of staff: to

conduct investigations

Step-by-Step Guidance 31–34

time frames for completing investigation

33, 52 note 52

time limits for filing 32

West Virginia sample complaint/report form

75

H

Harassment

based on association with protected class 7, 25

by employees 1, 16. See also Policies

prohibiting harassment: application to

harassment by employees

by other students 1, 16, 48–49 note

18. See also Policies prohibiting

harassment: application to harassment

by students

by third parties 1, 16, 36, 49 note 19. See

also Policies prohibiting harassment:

application to harassment by third parties

elements of a comprehensive approach 6

frequency 1, 47 note 3

harm caused by 1, 9

hostile environment. See Hostile environment

importance of preventing harassment

5, 8. See also Preventing harassment:

strategies for

types of harassment 1

Harassment based on disability. See Disability,

harassment based on

Harassment based on national origin.

See National origin, harassment based on

Harassment based on race. See Race,

harassment based on

Harassment based on religion. See Religion,

harassment based on

Harassment based on sex. See Sexual

harassment

Harassment based on sexual orientation. See

Sexual orientation, harassment based on

Hate crime

addressing in a comprehensive approach 6

as related to disability 10

as related to national origin 10, 41

as related to race 10, 41

as related to religion 10, 41

as related to sex and sexual offenses

10, 41, 42

as related to sexual orientation

10, 18, 41, 47 note 2

bias indicators 42, 121

chart of state hate crime laws 135

dangers of 10, 41

data collection and reporting requirements

6, 44–45, 53 notes 66 and 67

definition of 10, 41, 53 note 60

federal laws regarding 10, 18, 41, 47 note 2,

48 note 12

graffiti and vandalism. See Graffiti and

vandalism

learning to recognize 6, 10, 41, 42

referral to law enforcement agencies. See

Law enforcement agencies: referral of

incidents to

school's role in preventing 6, 10, 45

state attorneys general. See State laws

against harassment and hate crime:

consult state attorney general

state laws regarding 10, 41–42, 44–45,

47 note 2, 135. See also State laws

against harassment and hate crime

Hostile environment

policy language describing 19

totality of circumstances 19, 50 note 31

I

Indicators of bias/hate motivation

guidelines for determining hate motivation

42, 121

monitoring discipline referrals 25, 42

Individuals with Disabilities Education Act

51 note 40

Informal resolution procedures

mediation 29

policy language regarding 34

when appropriate to use 7, 26, 34

Investigating complaints

grievance procedures 33

how to investigate 33, 87, 97

impartial investigations required 8, 33

prompt and thorough investigations

required 8, 33

providing interpreters 33

scope of investigations 27

training investigators 9, 33, 36,

52 note 49, 87, 93, 97

types of investigations 26–27
Index 155

Index

L

Law enforcement agencies

assisting victim to file charges with 11, 43

collaboration with 6, 44

referral of incidents to

6, 7, 10, 11, 26, 42–43, 79

written agreements to collaborate

44, 45, 48 note 13, 53 note 68, 77

M

Martin Luther King, Jr.

Speech at Birmingham Jail 46

Massachusetts Office of the Attorney General

conflict intervention teams 125

Erasing Hate brochure 127

remedies available 11

Mediation of conflict. See also Community

Relations Service, U.S. Dept. of Justice

by students 37

conflict intervention teams 125

Minnesota Sample School Policy

16, 19, 20, 63

Monitoring the school environment

6, 8, 26, 37

N

Nabozny v. Podlesny 19, 47 note 2,

51 note 33

National Association of Attorneys General

as originator of Guide 1

generally 46

how to contact 142

not endorsing particular policies 2

National origin, harassment based on

generally 1

immigrants 8, 16

policies prohibiting 16–17, 49 notes 21

and 22

speakers of languages other than English

16

National School Boards Association

how to contact 143

New Jersey Memorandum of Understanding

48 note 13, 53 note 68, 77

Notification that harassment is prohibited

Arizona sample notice form 61

as part of a comprehensive approach

5, 6, 8, 35

as related to school climate 8

content of notice 35

in alternative formats 52 notes 46 and 48

information on complaint procedures 8, 35

Massachusetts Erasing Hate brochure 127

Minnesota sample notice form 66

notice of nondiscrimination 47–48 note 5

notifying community agencies 35

notifying third parties 36

posting a short summary 35, 61, 66

publicizing the policy 35

to include identity of compliance coordinator

9, 51 note 35

West Virginia sample notice 75

O

Offender rehabilitation programs

27, 28, 110

Office for Civil Rights (OCR)

as originator of Guide 1

federal statutes and regulations enforced by

OCR 47 note 1

generally 46

how to contact 139

not endorsing particular policies 2

responsibility to resolve harassment

complaints 11

P

Parental involvement

5, 6, 7, 8, 23, 24, 38, 46, 83–84, 151

Perpetrator, working with 6, 27, 28, 110

Personnel policies

consistency with policies against harassment 5, 28, 29

discipline of employees who commit

harassment 7, 28

due process. See Due process rights of

alleged harasser

Policies prohibiting harassment

application consistent with the First

Amendment 2, 20–21

application to harassment by employees 16,

17, 50 notes 26 and 27

application to harassment by students

16, 48–49 note 18

application to harassment by third parties

16, 49 note 19

Arizona Sample School Policy 57

by person of same sex 17, 18

commitment to enforce 5, 15, 16

compliance coordinator 15

components 5, 15

coverage 15, 16

dissemination of 5, 6, 35

examples of harassment 5, 15

harassment based on disability 18, 50 note

30

harassment based on race/national origin

16–17, 49 notes 21 and 22

harassment based on religion 19

harassment based on sexual orientation 19,

20, 47 note 2, 51 note 34

hostile environment defined 15, 19

institutional remedies 52 note 43

Minnesota Sample School Policy 63

necessity of grievance procedures

5, 15, 20

need for in a comprehensive approach 6

process for developing 15

pursuant to state law 16, 19

remedial action 15, 52 note 43

required reporting by staff 5, 15, 20, 25

retaliation 15

settings in which apply 15, 16

sexual harassment 17–18. See also Sexual

harassment

tailor to district's needs 15

treatment under federal law 47–48 note

5, 48 note 16

Vermont Model Anti-Harassment Policy 67

West Virginia Legislative Rules 71

Preventing harassment

importance of 5

strategies for 5, 7, 8, 9, 29, 35–39,

53 note 56, 83, 109, 117

Preventing Youth Hate Crime: A Manual for

Schools and Communities 9, 149

Protecting Students from Harassment and Hate

Crime

created by OCR and NAAG 1

purpose of 1

R

Race, harassment based on

definition of 16–17

examples of 16–17

generally 1, 8

policies prohibiting 16–17, 49 note 22

Racial Incidents and Harassment Against

Students. See Racial Incidents and

Harassment Against Students at

Educational Institutions; Investigative

Guidance; Notice

Self-evaluation and Planning Guide 107–

108

Racial harassment. See Race, harassment

based on

Racial Incidents and Harassment Against

Students at Educational Institutions;

Investigative Guidance; Notice 1,

47 note 4, 49 note 20, 149

Referral to law enforcement agencies. See Law

enforcement agencies: referral of

incidents to

Religion, harassment based on 1, 19

Remedial action

changes in policies and procedures 28–29

disclosure of to victim. See Family

Educational Rights and Privacy Act

(FERPA): disclosure of remedial action

generally 8, 15, 27–29

institutional changes 7, 28–29, 52 note 43

to prevent recurrence 7, 27, 28, 29, 34

to restore a nondiscriminatory environment

28

transfer of victim 28

types of 27–29

Reporting harassment. See also Responding

to harassment

flexible responses 23

identify person to receive reports 5, 15, 23

interviewing victim 24

procedures for 5, 5–7, 9, 23, 35, 110

required reporting by staff 5, 7, 20, 25

Sample Hate-Motivated Behavior Incident

Report 113

sample report/complaint forms 61, 66, 75

screening of reports by administrators

7, 9, 25, 26
156 Protecting Students from Harassment and Hate Crime

Index Index

training of staff 9, 23–26

unwritten reports 25

unwritten reports/formal complaints

distinguished 32

use of report forms 23

Resources

brochures for students and parents 48 note

14, 151

curricula and teacher guides 150

general publications 149

technical assistance 37, 139

youth activity programs 151

Responding to harassment. See also Reporting

harassment

advising victim of all options

9, 11, 23, 26, 32, 48 note 14, 127

as part of a comprehensive approach 6

effective mechanisms 7, 20

generally 5–8, 20

immediate response required 6

instructions to staff 5, 20, 23–24, 27, 109

interim protection of victim 24

intervention by staff 9, 25, 36

interview victim 24

investigation required 7, 26

measures to prevent recurrence 7, 28

protocols for responding 20, 23, 27, 109

public statements condemning 7

referrals to law enforcement agencies. See

Law enforcement agencies: referral of

incidents to

remedial action 27–29

requests for confidentiality 24

retaliation 24

Step-by-Step Guidance 23–29

support for victim 7, 24, 28, 110

training of staff 23. See also Training of

staff

transfer of victim 28

type and scope of investigation 26–27

unwritten reports 25, 26, 32

Retaliation

advising victim regarding 24

federal law and policy 20, 51 note 36

policies prohibiting 5, 15, 20

policy language 20

preventing retaliation 7

retaliation when criminal charges are filed 43

S

Safe and Drug-Free Schools Program

how to contact 139

School climate

assessing school climate. See Selfassessment of school climate

monitoring school climate. See Monitoring

the school environment

Step-by-Step Guidance 35–39

supportive climate in a comprehensive

approach 8–9, 35–39

School security personnel

resource for addressing harassment 10, 45

Section 504 of the Rehabilitation Act of 1973

auxiliary aids 52 notes 46 and 48

citation 47 note 1

compliance coordinator 38, 48 notes 5 and

11, 53 note 59

discipline of students with disabilities 51

note 40

grievance procedures 48 notes 5 and 7, 52

notes 44 and 45

harassment based on disability 18, 50 note

29

notice of compliance coordinator 51 note

35

notice of nondiscrimination 48 note 5

retaliation 51 note 36

Self-assessment of school climate

assessing effectiveness of anti-harassment

program 6, 9, 38

methods for 8, 37

need for in a comprehensive approach 6

sample checklists and surveys 99–101,

103–105

self-assessment and racial harassment 107

Sexual harassment. See also Sexual Harassment Guidance; Harassment of Students

by School Employees, Other Students, or

Third Parties; Notice

by employees 17, 18, 50 notes 26 and

27, 133

by person of same sex 17, 18, 50 note 24

by students 48–49 note 18

by third parties. See Policies prohibiting

harassment: application to harassment

by third parties

defined 17

example of policy language 17

generally 1, 8

hostile environment and quid pro quo

discussed 17

nonsexual physical contact 18, 50 note 28

of gay and lesbian students 18, 47 note

2, 50 note 25

responding to reports of sexual harassment

23

training 18

unwelcome sexual conduct 18, 50 notes 26

and 27

Sexual Harassment Guidance; Harassment of

Students by School Employees, Other

Students, or Third Parties; Notice

availability 149

citation 47 note 4

confidentiality issues 24, 51 note 39, 52

note 42

due process rights of alleged harassers 52

note 50

First Amendment 21, 51 note 37

generally 1

grievance procedures 52 notes 44 and 45

harassment by person of same sex 50 note

24

harassment by third parties 49 note 19

hostile environment 50 note 31

informal resolution procedures 34

nonsexual physical contact 50 note 28

sexual harassment of gay and lesbian

students 50 note 25

unwelcome conduct 50 note 26

Sexual offenses

relationship to hate crimes 41

Sexual orientation, harassment based on

damage from 1, 19–20, 47 note 2

Equal Protection Clause. See Nabozny v.

Podlesny

examples of 51 note 34

generally 1, 19–20, 47 note 2

Nabozny v. Podlesny 19, 47 note 2,

51 note 33

policies prohibiting 20, 47 note 2, 51 note

34

responding to reports of harassment based

on sexual orientation 23, 24

treatment under state laws 18, 19

Sexual violence 41, 50 note 23

State laws against harassment and hate crime

availability of state law remedies 1,

11, 26, 41–42, 47 note 2

chart of state hate crime laws 135

consult state attorney general

1, 11, 16, 41, 140

data collection and reporting requirements

44–45

harassment based on disability 1, 11

harassment based on national origin 1, 11

harassment based on race 1, 11

harassment based on religion

1, 11, 16, 19

harassment based on sex 1, 11

harassment based on sexual orientation

1, 11, 16, 18, 19, 47 note 2

referrals and collaboration with law

enforcement agencies. See Law

enforcement agencies

Student activity and mediation programs

examples of 53 note 56, 83–84, 151

to improve school climate 9, 36, 36–

37, 53 note 56, 83

usefulness in a comprehensive approach 6

Student to student harassment

legal issues 48–49 note 18

T

Teaching appropriate behavior 7, 9, 37,

53 note 58, 110

Technical assistance. See Resources:

technical assistance

Title IX of the Education Amendments of

1972. See also Sexual Harassment

Guidance; Harassment of Students by

School Employees, Other Students, or

Third Parties; Notice

citation 47 note 1

compliance coordinators 38, 47–48 note

5, 48 note 11, 51 note 35,

53 note 59

grievance procedures 47–48 note 5,

48 note 7, 52 notes 44 and 45

letter from the Secretary of Education 133
Index 157

Index

nonsexual physical contact 50 note 28

notice of compliance coordinator 51 note 35

notice of nondiscrimination 47–48 note 5

retaliation 51 note 36

same sex harassment. See Sexual

harassment: by person of same sex

sexual harassment of gay and lesbian

students 18, 50 note 25

student to student harassment 48–49 note

18

unwelcome sexual conduct 18, 50 note 26

Title VI of the Civil Rights Act of 1964 31, 38,

47 note 1, 49 note 20, 51 note 36

Training of staff

as part of a comprehensive approach 6

assessing adequacy of 9

in diversity principles 9, 36, 83

in First Amendment principles 21

of supervisors 36

on-the-spot intervention 25, 36

skills needed by staff 8. See also

Curriculum to help prevent harassment:

training staff to use

to conduct investigations 9, 33, 36,

52 note 49, 87, 97, 97–98

to perform duties designated by school

policies 9, 35–36

to respond to harassment 23

Training of students

curriculum. See Curriculum to help prevent

harassment

new students 84

on harassment policies and grievance

procedures 8, 36

sensitivity training 6, 9, 21, 29, 36, 83

sexual harassment 18

U

University of Massachusetts – Amherst

protocol 48 note 15, 123

V

Vermont, State Board of Education Model

Policy 18, 34, 49 note 21, 50 note 30,

51 notes 34 and 40, 52 note 52, 67

Victim support. See Responding to harassment: support for victim W

West Virginia Legislative Rules 17, 50 notes

23 and 27, 52 note 52, 71