Appendix B: Checklists & Protocols 85

B: Checklists

Appendix B:

Protocols and Checklists

• Complaint Investigation: The Basics

• Checklist for Evaluation of Grievance Procedures

• Investigating Complaints

• Checklist and Survey —

Is Harassment a Problem in Your School?

• Hate Crime School Survey

• Addressing Racial Harassment —

A Self-Evaluation and Planning Guide for

School Districts

• Preventing and Responding to Hate-Motivated

Behavior

• Sample Hate-Motivated Behavior Incident Report

• Preventing Hate Speech, Behavior and Crime

• Guidelines for Determining Hate Motivation

• Protocol on Graffiti Removal

• Conflict Intervention Teams —

A Response to School Crises

• Erasing Hate — A Guide to Your Civil Rights in

School
86 Protecting Students from Harassment and Hate Crime

B: Checklists
Appendix B: Checklists & Protocols 87

B: Checklists

Complaint Investigation:

The Basics

by Marta Larson

This ARTICLE provides basic information for complaint

managers on methods for investigating complaints. There is

no intent or pretense that the reader of this article will become

a skilled complaint investigator. However, this article provides

an outline of needed skills and a discussion of investigative

techniques pertaining to all kinds of harassment encountered

in school, particularly harassment that may be a violation of

civil rights, a criminal offense, or a serious violation of the

school’s behavior code. Further information is available in the

reference materials listed at the end of this article.

Complaint Investigator: Role and Responsibilities

The complaint investigator is usually a district administrator,

but if not, must at least be quasi-administrative. The complaint

investigator should have full authority to consult the district’s

legal counsel and to review reports, files, confidential

documents, and any other needed materials. The investigator

should report directly to the superintendent on harassment

complaints, regardless of who is designated as her/his official

supervisor. The investigator must also be completely

independent in the conduct of the investigation to avoid

suspicion of a biased result.

The investigator must be knowledgeable. The complaint

investigator should have written materials to assist her/him in

investigating cases and receive training in investigation

techniques. She/he should especially know the content of the

district harassment policy, related state and/or federal laws,

procedures for investigating cases, due process issues,

methods for minimizing district legal liability, and requirements

of the Freedom of Information Act. The complaint investigator

should also know how to protect her/himself against charges

of defamation, malicious interference with employment, and

invasion of privacy charges arising from the investigation.

The investigator must be culturally sensitive. “If the

complainant [or alleged harasser] is someone whose

background might include culturally different ideas about

touching others, the proper amount of physical space between

individuals in the workplace, eye contact, or other aspects of

physical relationships between relative strangers . . . [the

investigator should] learn what baseline assumptions or ideas

play a part” (Wagner, 1992, p. 54, emphasis added).

The investigator must also be sure she/he is communicating

with the complainant, alleged harasser, and witnesses

effectively. If there is a communication difficulty due to

language differences, lack of speech, or developmental

disabilities, an interpreter who is a neutral party and not a

family member should be utilized.

The investigator should use a developmentally as well as

culturally appropriate approach. When interviewing children, it

is especially important to avoid leading them to make

statements. This is similar to concerns encountered by those

investigating child abuse cases. Additionally, when interviewing

students, the investigator should give them more time at the

onset to become comfortable, so that they are able to tell their

story as freely as possible.

The investigator is a neutral fact-finder. The investigator must

keep her/his opinions private, even when hearing details of

alleged behavior that are personally repugnant or seemingly

unbelievable. Expressions of distaste or disbelief cause the

appearance of prejudice and should be avoided. This can be

particularly difficult when interviewing distraught persons

where there is a strong urge to be sympathetic. The

investigator should be sensitive without expressing

conclusions and maintain a clear presumption of the accused

harasser’s innocence, balanced with concern for the alleged

victim.

The investigator must make a complete and careful

investigation. A complete investigation identifies instances of

harassment, protects the district from being sued over

incidents they should have known about, intercepts false

charges, protects the district from liability for erroneous

discipline, reduces or eliminates the amount of any damages

that may be obtained by the complainant, protects possible

future victims, and retains local control by avoiding court

ordered remedies. The investigator must realize that a court

appearance may result from the complaint investigation

process and be prepared to testify regarding the preparation,

objectivity, and thoroughness of the investigation.

It is not necessary to receive a formal complaint. The

investigator must investigate all complaints. Even if a fearful

complainant requests that the district not investigate, or is

unwilling to file a formal complaint, the courts have found that

districts are responsible for knowing about harassment

through effective utilization of their complaint procedures and

have held them responsible. However, this responsibility

should not be used to elevate a relatively minor situation to the

full investigation level if the problem can be solved by a simple

intervention. For example, the complaint manager can go and

look at graffiti in a rest room, determine whether it is

offensive, and if so, have it promptly removed. In this specific

situation, it is not necessary to open a file and investigate,

although the situation should be monitored.

When a complaint is brought to the complaint manager’s

attention, she/he should first attempt to resolve it at the

informal level. It is often better for the person who receives

the complaint to pursue the possibilities of informal resolution.

If the problem can not be resolved by informal means, it can

be referred to a different person to investigate the complaint.

In complaints related to students, the investigator must

determine whether there could be a violation of child welfare

laws. If the complaint is regarding any incident that must be

reported to the police, that report should be made immediately

and the investigation placed on hold. In that case, the

complaint manager should monitor the situation to ascertain

whether the alleged harassment continues or escalates to a

point requiring immediate intervention. If that should occur,

the complaint manager should consult the district’s legal

counsel regarding how to proceed.

It is important to conduct an investigation of all allegations,
88 Protecting Students from Harassment and Hate Crime

B: Checklists

whether or not there is a criminal case being developed on the

same situation. A criminal case does not relieve the district of

the responsibility for conducting an internal investigation and

determining whether there is probable cause for any district

discipline. It may be that the completed internal investigation

will be sealed until the criminal case is concluded so that there

is no danger of prejudicing the results of the criminal case.

Discipline may then be rendered following the completion of

the criminal case.

Many times the complainant (and/or witnesses) will request

assurances of confidentiality as they provide information about

the case. The investigator should inform all parties that to the

extent possible their privacy will be protected, but they should

also be informed that there is no way to conduct an

investigation without interviewing the accused party or parties

and witnesses.

The investigator has a responsibility to assure confidentiality in

areas that she/he can control. This includes not disclosing

facts about the investigation to others, warning those

interviewed against discussing the case with others, keeping

records of the investigation in locked files, and limiting

information dissemination to those who absolutely must

receive it. This is even more urgent when the investigator

considers the necessity of protecting her/himself against

charges of defamation by the accused harasser.

The complainant and witnesses should also be protected by

district policy against retribution from accused harassers or

their supporters. The investigator has the duty to inform them

of this and to monitor the situation during and following the

investigation.

Key Steps in Conducting an Investigation

Complaint investigations should be done both promptly and

thoroughly. The investigator should begin within a very few

days after learning of a harassment situation and should finish

with as much speed as possible, usually within a few weeks.

The investigator should plan all interviews carefully. She/he

should prepare a list of detailed questions designed to gain

information that might prove or disprove the complaint. The

investigator should never attempt to rely on memory. She/he

should avoid wasted time by determining in advance exactly

what information is wanted from each person being

interviewed. The investigator should be prepared for answers

that lead into another angle of inquiry by predicting what the

possible answers may be and planning how to pursue those

issues. For further ideas on planning interviews, investigators

may refer to the sample list of questions in Wagner (1992, pp.

133-138).

Review the complainant’s statement. Try to determine the

basis for the complaint and gain an understanding of the

issues presented (Pearman & Lebrato, 1984, p. 7). Keep notes

regarding questions that arise when reviewing the statement

so that they can be pursued during the investigation.

The complainant should be interviewed first to clarify the

details of the complaint. As a part of the interview, the

complainant should be informed about the process that the

investigation will follow. This includes the complainant’s legal

rights, what the investigator will do, what will happen and

when, the content and process of the investigation, and who

will determine remedies following the investigation.

Additionally, the investigator should ascertain whether the

complainant has any immediate needs, such as fear, that

might need to be addressed at once.

While maintaining a businesslike manner, the investigator

should treat the complainant considerately and respectfully.

The complainant should be encouraged to be as specific as

possible in clarifying his or her statement including names,

dates, frequency, places, and specific behavior (what

happened, the complainant’s response, and the outcome)

along with the names and location of any witness(es). The

investigator should make careful notes during the interview,

both of questions that she/he asks, as well as the

complainant’s responses. A thorough written version of what

is alleged to have happened based on the interview with the

complainant, should be prepared and signed by the

complainant and placed in the file. This list of allegations will

later form the outline for part of the investigator’s report.

An important part of the investigation is determining the effect

of the harassment on the victim. The investigator should

document whether the harassment is alleged to have had any

negative effect on the complainant’s job or academic

performance, or whether the harassment is alleged to have

created a hostile climate.

The investigator should identify as specifically as possible the

part or parts of the district policy or state/federal law that are

alleged to have been violated.

All interviews and efforts to obtain evidence should be aimed

at proving whether the specified policy or law has been

violated.

Assemble an investigative file and keep it in a secured location.

The file should be organized so that anyone opening it could

determine the main issues involved in the case and the history

of the investigation. Even while the investigation is underway,

the file should be maintained so that if necessary another

person could assist with or even assume responsibility for the

investigation. The file can also serve as a memory device,

enabling the investigator to ensure that no aspect of the

investigation has been overlooked.

The investigator should keep a time line of what happened as

part of the process. This “helps set the events in the sequence

in which they occurred. You can analyze this time line in terms

of what was happening in the workplace at the same time,

looking at the big picture for possible motivating factors or

triggering events” (Wagner, 1992, p. 52). Testimony of

witnesses can be added to the time line as they are

interviewed, adding a rich level of detail about what actually

occurred.

Define and further plan the investigation. The plan for the

investigation should include the determination of “who the

alleged harassers were, when and where the incident took place,

what was said or done by the parties, whether the incident was

isolated or part of a continuing practice, the reaction of the

complainant, how the complainant was affected, whether

anyone else witnessed the incident, whether the complainant

has talked to anyone else about the incident, whether there is

any documentation of the incident, and whether the complainant

has knowledge of any other target of harassment” (Lindemann

& Kadue, 1992, p. 163, emphasis added).
Appendix B: Checklists & Protocols 89

B: Checklists

The investigator should limit the scope of inquiry. Identify and

exclude issues which are not disputed and/or have already

been investigated. Screen out issues which are not relevant to

district policy. Winnow the complaint down to the tightest

possible list of issues for investigation.

It is helpful to prepare a step-by-step list of the investigation

plan and check off each step as completed. This list should

contain the names of all witnesses to be interviewed, as well

as a list of all documentary evidence to be collected. Be sure

to include everyone who may have information, especially the

alleged harasser. Do not make the mistake of stopping the

investigation once several witnesses or documents have been

located that appear to substantiate or refute the allegations.

This is especially true for the alleged harasser, as not

interviewing this person could later be regarded as a weak

point in the investigation. The list of witnesses may be

supplemented during the course of the investigation as various

interviews provide leads to other useful information or persons

to interview. Similarly, the list of documentary evidence may

grow as witnesses are interviewed.

Gather supporting documents and evidence. Often, it is

prudent to gather these documents quickly before there is an

opportunity for them to be removed from the files. The

investigator should consider making unannounced visits to

offices or other sites to obtain copies of documents. Another

approach is to request that witnesses bring certain documents

with them when they come to be interviewed, without

revealing the purpose for the request. Some documentary

sources of evidence include personnel file(s), student file(s),

performance evaluations, and discipline records.

Visit the site where the harassment is alleged to have taken

place. Sometimes such a visit can reveal specific information

that tends to support or raise doubts regarding the allegations,

such as physical layouts that would conceal actions from

potential witnesses or make certain actions less likely to have

occurred because there is no place for them to take place

without witnesses. Occasionally, it can be determined that a

specific action is physically possible or impossible based on

site characteristics.

Conduct interviews. When interviewing the alleged harasser,

begin by briefing the person on the process that the

investigation will follow. Avoid using the term harassment to

describe the complaint, but tell the person that “a serious

matter has been raised, that she/he has been connected to it

and that it involves unwelcome behavior on his or her part”

(Wagner, 1992, p. 69). It is also a good idea to be sure that

the alleged harasser understands that the ultimate aim of the

investigation is to “end the illegal or inappropriate activity, if

there is any, and take preventive measures to see that it does

not recur” (Wagner, l992, p. 70).

The investigator should be prepared to brief the alleged

harasser on his or her due process rights. The alleged

harasser should be advised that the investigation will be

conducted in a neutral manner, cautioned regarding

confidentiality, and warned against engaging in or organizing

retaliation. The allegations should be reviewed with the alleged

harasser, and her/his version of the events should be elicited

in the same detail requested of the complainant. Assertions

that the complainant had a motive to lie or that the conduct

was welcome should be explored, and available documentation

should be secured. After the interview has been completed, a

signed, written statement detailing all events that took place

related to the alleged harassment incident should be prepared

and signed by the alleged harasser and placed in the file.

If anyone who is to be interviewed wishes to have another

party including a union representative or legal counsel present,

this must be allowed. The representative should not be a

family member unless the person being interviewed is a minor.

The role of the representative is NOT to speak for the person

being interviewed, and they should not be allowed to interfere

with questions that the investigator is certain are proper.

However, legal counsel may advise the person being

interviewed not to respond to some questions, and there is

little the investigator can do at that moment to compel a

response to those questions. If there is a disagreement on

whether a question is proper, note that down and fight it out

later (Gregg, 1992 and 1993) after consulting the district’s

legal counsel.

Elicit a description of what happened from the perspective of

the complainant or alleged victim, alleged harasser, and

witnesses. Whenever possible, information obtained in

interviews should be substantiated by documentary evidence.

As each person is interviewed, try to fill in chronological gaps

in the time line, clarify conflicting statements, examine

inconsistencies in various witness statements, and clarify

conflicts with information in documentary evidence. Pursue

the facts upon which voiced opinions are based. If a person

has difficulty remembering things, ask questions designed to

refresh her or his memory such as “Was it before or after

Spring Break?”

Witnesses can substantiate evidence, provide contradictory

evidence, substantiate allegations, lead to other witnesses,

direct you to other data, explain documents and other data,

explain policies and procedures, and connect between policies

and actual practice. Witnesses can include anyone who may

have seen the alleged harassment occur and/or anyone who

claims to have received the same treatment from the alleged

harasser. Reliable witness information is firsthand knowledge,

not something that someone else told them, unless witnesses

are verifying that the complainant told them about the

situation, which is a type of evidence.

It is important to realize that not all witnesses will want to be

interviewed. If the initial contact is on the telephone, it is

sometimes necessary to conduct the interview immediately,

particularly if the witness seems reluctant. If an interview

reveals that a witness may also be a perpetrator, stop the

interview and review the person’s due process rights. Do not

use group interviews, as each person’s testimony will taint the

other’s recollections. After each interview is completed, a

signed, written statement detailing the person’s testimony

regarding all events that took place related to the alleged

harassment incident should be prepared and signed by the

witness and placed in the file.

Once a preliminary round of interviews has taken place and

documentary evidence has been perused, other questions or

documents often come to mind, and the investigator should

follow up on these in a systematic manner. Many experts

recommend re-interviewing the complainant, the alleged

harasser, and witnesses whose testimony is countered by

other testimony or documentary evidence. Lindemann and
90 Protecting Students from Harassment and Hate Crime

B: Checklists

Kadue (1992) suggest that,

All parties should have a full opportunity to rebut

adverse statements. The investigator should

consider sharing tentative determinations about

the truth of a harassment claim with the alleged

harasser in a final interview (p.166, emphasis

added).

This may facilitate the retrieval of additional information that

might help to complete the investigation.

The investigator must be certain that the investigation is

complete. The investigator must be sure that evidence has not

been overlooked and that all witnesses are interviewed. The

investigation should not be stopped until all useful information

has been explored even where it tends to duplicate other

information already obtained. However, this duty to conduct a

complete investigation should not be allowed to delay the

prompt completion of the investigation.

Reaching a Conclusion

Analyze the information. Compare the facts and circumstances

of the case with the definition of harassment on a point-bypoint basis, noting areas where questions remain unanswered.

This analysis process can actually begin very early in the

investigation with facts and information obtained during the

investigation fitted into the outline like pieces into a puzzle.

The versions of what happened are often different, so the

investigator must decide which have more credence. Objective

proof of the charges, such as the testimony of witnesses, is

the most persuasive. Unfortunately, objective proof of

harassment is rarely available. It is also necessary to

determine whether any of the statements obtained could be

false and whether any of those making statements have any

motivation to be untruthful.

Careful consideration should be given to cases where it is the

complainant’s word against the alleged harasser’s word. The

investigator must determine to what extent the alleged

conduct is likely to have occurred and whether it fits the

district’s definition of harassment. The investigator should be

aware that the courts have been deciding many cases on the

reasonable person standard, ruling that behavior that is

considered offensive by a reasonable person of the same sex,

age, cultural group, etc., will be considered harassment.

As the investigation nears completion, it is a good idea to

confer with the district’s legal counsel.

Counsel should be shown all of the documents

generated, including . . . interview notes, . . .

signed statements, and records or other

documents pertinent to the situation (Wagner,

1992, p. 90-91).

The investigator and legal counsel must both be satisfied that

they have arrived at a defensible recommendation for action

and have a plan for addressing problematic issues that arise,

especially if it is possible that the perpetrator will be fired or

expelled from school.

If the investigator absolutely cannot ascertain who is telling

the truth, and no documentation can be discovered, it may be

necessary to end the investigation with no conclusion, educate

all involved regarding the district policy, and monitor the

situation to see if further problems arise.

Prepare and submit the investigator’s report of findings. The

report should contain an executive summary section that

summarizes the determination, findings, and information

contained in the case file. This section should be as brief as is

practicable, but it should be written clearly enough so that the

reader does not have any questions that are left unaddressed.

Following the executive summary, the findings should be listed

and discussed individually. Each allegation must be listed in

this section along with a finding, conclusion, and all evidence

that is available to support the conclusion. Each time a finding

refers to documentary evidence, the item of evidence must be

clearly referenced in the report, and copies of all documentary

evidence should be included in the appendix to the report.

Another section of the report should include anything that is

found that is not harassment but is inappropriate. This might

include student disciplinary actions, personnel actions,

supervisory practices, management decision making, and

other actions that violate district policy, or state or federal law.

Some of these actions may have been attempts to rectify the

alleged harassment, or they may have been well-intentioned

but incorrect behavior, and some may have been

inappropriately motivated. Whatever the reasoning in

undertaking these actions, they should be listed in the report

and addressed by the proposed remedies.

The report should clearly state the investigator’s proposed

remedy or remedies if harassment has been proven or if other

inappropriate actions are found. While the investigator is not

always the person who sets the disciplinary action, she/he

should provide a list of the potential courses of action for

review by the administrator who will determine the final

remedy. Care should be taken to assure that the remedy does

not inadvertently punish the complainant.

The report should include a written follow-up plan in its final

section to assure that no repetition of the harassment occurs

and that no retaliation is taken. This follow-up plan should

include regular contacts with both parties. Information about

the follow-up plan should be given to both the complainant

and the accused harasser, whether or not harassment is

substantiated.

Once the report has been prepared, all parties to the

complaint, both the complainant and alleged harasser(s),

should be informed of the results of the investigation. In cases

that end with no formal conclusion, to avoid any

misunderstandings it is important to be sure that all parties

understand that the complaint is neither upheld nor dismissed.

The institution should take action immediately upon receiving

the report of findings. If a progressive discipline code is in

effect, it should help to determine the appropriate disciplinary

action. If disciplinary action is found to be appropriate, the

action should be taken as soon as is possible after due

process requirements are met.

A final responsibility of the investigator is to keep records of

the complaints investigated and to provide the superintendent

and school board with periodic reports (once or twice a year)

on the number and types of complaints investigated and their

disposition. This is necessary even if the superintendent and
Appendix B: Checklists & Protocols 91

B: Checklists

board have been privy to some or all of the details of any of

the investigations, as they should be monitoring the overall

statistical picture to determine whether adjustments are

necessary in any district policies and procedures.

References

Aaron, Titus E., with Judith A. Isaksen. 1993. Sexual

Harassment in the Workplace: A Guide to the Law and a

Research Overview for Employers and Employees. Jefferson,

NC: McFarland & Company, Inc.

Bravo, Ellen, and Ellen Cassedy. 1992. The 9-to-5 Guide to

Combating Sexual Harassment. New York: John Wiley & Sons,

Inc.

Eisaguirre, Lynne. 1993. Sexual Harassment: A Reference

Handbook. Santa Barbara, CA: ABC-CLIO, Inc.

Gregg, Robert E. 1992. A Word of Caution to Those Involved in

Complaint Processes. Madison, WI: Tomlinson, Gillman &

Rikkers, S.C., unpublished manuscript.

Gregg, Robert E. 1993. Investigating Discrimination

Complaints. Madison, WI: Tomlinson, Gillman & Rikkers, S.C.,

unpublished workshop material.

Lindemann, Barbara, and David D. Kadue. 1992. Primer on

Sexual Harassment. Washington, DC: The Bureau of National

Affairs (BNA Books).

Petrocelli, William, and Barbara Kate Repa. 1992. Sexual

Harassment on the Job. Berkeley: Nolo Press.

Pearman, Marilyn I., and Mary T. Lebrato. November, 1984.

Sexual Harassment in Employment Investigator’s Guidebook.

Sacramento: California State Personnel Board and the

California Commission on the Status of Women.

Wagner, Ellen J. 1992. Sexual Harassment in the Workplace:

How to Prevent, Investigate and Resolve Problems in Your

Organization. New York: AMACOM (a division of the American

Management Association).

________________________________

Reprinted with the permission of the Programs for Educational

Opportunity, University of Michigan School of Education, from

“Abolishing Harassment,” Equity Coalition, Volume IV, No. 1,

Spring 1996.
92 Protecting Students from Harassment and Hate Crime

B: Checklists
Appendix B: Checklists & Protocols 93

B: Checklists

Checklist for the Evaluation of

Grievance Procedures

Checklist for Evaluating the Content of

Grievance Procedures

Listed below are a number of questions which may be used to

evaluate the content of Title IX grievance procedures and

determine possible needs for modification. Questions are

organized into three sections: initiation and filing of the

grievance; processing of the grievance; and basic procedural

rights.

Initiation and filing of grievances:

Does the grievance procedure:

1. Provide clear and adequate definitions of who may grieve,

of what issues may be covered by grievances, and of the

terms used throughout the procedure?

Yes ___ No ___

2. Cover all students and employees?

Yes ___ No ___

3. Clearly state the form and procedure for filing of grievances?

Yes ___ No ___

4. Specify any applicable time limits for the initiation of a

grievance?

Yes ___ No ___

5. Provide for assistance to grievants in the filing/preparation/

processing of a grievance?

Yes ___ No ___

6. Specify the responsibilities of institutional/agency staff for

the receipt and initial handling of grievances?

Yes ___ No ___

7. Provide methods for informal and prompt resolution of

grievances when further processing is not needed?

Yes ___ No ___

Processing of grievances:

Does the grievance procedure:

1. State the number and levels of steps for grievance processing and the criteria for initial referral to each level?

Yes ___ No ___

2. State the form of grievance presentation and processing

(oral/written; hearing officer/hearing panel; etc.) at each step?

Yes ___ No ___

3. Specify the criteria and procedure for the assignment of

initial hearing levels?

Yes ___ No ___

4. Delineate procedures and responsibilities for notification of

all parties at each processing level?

Yes ___ No ___

5. Delineate timelines for all activities within the grievance

procedure?

Yes ___ No ___

6. Specify the procedures which shall be used in conducting

grievance hearings?

Yes ___ No ___

--amount of time allocated to each hearing?

Yes ___ No ___

--amount of time allocated to each party to the grievance?

Yes ___ No ___

--right of each party to representation and assistance?

Yes ___ No ___

--right of each party to present witnesses and evidence?

Yes ___ No ___

--right of each party to question witnesses?

Yes ___ No ___

--roles of persons involved in the hearing?

Yes ___ No ___

--right of grievant to determine whether hearing shall be open

to the public?

Yes ___ No ___
94 Protecting Students from Harassment and Hate Crime

B: Checklists

--provisions/requirements for recording the hearing?

Yes ___ No ___

7. Specify any requirements for submission of written

information by grievants or respondents?

Yes ___ No ___

8. State the form and timelines for the preparation of grievance decisions?

Yes ___ No ___

9. Clearly state the procedures and timelines for the grievant’s

acceptance or appeal of grievance decisions?

Yes ___ No ___

10. Specify the roles and selection of persons involved in

grievance processing?

Yes ___ No ___

Basic procedural rights:

Does the grievance procedure:

1. Provide grievants with the right to appeal to progressive

levels of decisionmaking?

Yes ___ No ___

2. Provide assurances regarding the impartiality of hearing

officers?

Yes ___ No ___

3. Provide for confidentiality of grievance proceedings if so

desired by the grievant?

Yes ___ No ___

4. Provide for grievants’ access to relevant institutional/agency

records?

Yes ___ No ___

5. Provide for the protection of grievants and respondents

from harassment and entry of information into student and

personnel files?

Yes ___ No ___

6. Provide for confidentiality of grievance records if so desired

by grievant?

Yes ___ No ___

Checklist for Evaluating the Implementation of a Grievance Procedure

The following checklist focuses on the implementation of Title

IX grievance procedures. It is designed to be used as a guide

for assisting Title IX coordinators and administrators in the

installation of a grievance process or the improvement of the

operation of an existing process.

Pre-implementation:

1. Has a written Title IX grievance procedure been prepared

which provides for the prompt and equitable resolution of

complaints of sex discrimination?

Yes ___ No ___

2. Has the Title IX grievance procedure been reviewed to

ensure its compliance with any existing standards specified by

relevant State and local laws/regulations, contracts with

employee organizations, etc.?

Yes ___ No ___

3. Has the Title IX grievance procedure been reviewed and

approved by institutional/agency governance?

Yes ___ No ___

4. Has the grievance procedure or a summary of the procedure been published and disseminated to all students and

employees?

Yes ___ No ___

5. Have orientation or briefing sessions been held with

students and employees to ensure their understanding of the

grievance procedure and its use?

Yes ___ No ___

6. Have all employees with responsibility for the implementation of the procedure been provided briefing and information

on the procedure and the requirements of the Title IX

regulation?

Yes ___ No ___

7. Have persons serving as hearing officers been provided with

basic orientation on grievance processing and in-depth training

on the Title IX regulation, interpretive guidelines, and judicial

precedents?

Yes ___ No ___

8. Have the specific assignments of staff roles and responsibilities been made for all tasks within the grievance procedure?

Yes ___ No ___
Appendix B: Checklists & Protocols 95

B: Checklists

9. Have the responsibilities of the Title IX coordinator been

delineated and a statement of these disseminated to all

employees and students?

Yes ___ No ___

10. Is the grievance procedure available for allegations of

sexual harassment?

Yes ___ No ___

Filing and initial processing of grievances:

1. Is information regarding the nature of the grievance

procedure and the coverage of the Title IX regulation easily

available to all employees and students?

Yes ___ No ___

2. Has a form or outline been developed which clearly states

the information required for the filing of a grievance?

Yes ___ No ___

3. Can students and employees file grievances at places of

maximum convenience and accessibility?

Yes ___ No ___

4. Are personnel available for assisting students and employees in the filing of grievances?

Yes ___ No ___

5. Is opportunity provided for the clarification of grievance

issues and for prompt and informal resolution of grievances

when further processing is not needed?

Yes ___ No ___

6. Do notification forms used at all grievance stages provide

grievants and respondents with full information regarding their

rights and responsibilities in the grievance process?

Yes ___ No ___

Grievance processing:

1. Are timelines and requirements for promptness fully

observed in the handling of grievances at each step

of grievance processing?

Yes ___ No ___

2. Are stated notification procedures fully observed?

Yes ___ No ___

3. Are grievance hearings conducted according to specified

procedures?

Yes ___ No ___

4. Are records of grievance hearings maintained?

Yes ___ No ___

Grievance follow-up, monitoring, and reporting:

1. Are all grievance decisions reviewed for their implications

for modification of policy, procedure, or practice beyond

specified corrective steps?

Yes ___ No ___

2. Are all identified modifications and corrective steps broken

down into their specific tasks, staff responsibilities, and

implementation timelines?

Yes ___ No ___

3. Are all staff notified of their specific responsibilities related

to the implementation of modifications and remedial steps?

Yes ___ No ___

4. Are staff provided information and assistance necessary to

the implementation of modifications and corrective steps?

Yes ___ No ___

5. Are periodic surveys and reviews made to assess the

implementation of modifications and corrective steps and to

identify any related problems?

Yes ___ No ___

6. Are regular reports regarding the implementation of

modifications and corrective steps required of all staff?

Yes ___ No ___

7. Are records of grievances, grievance processing, and

modifications and corrective steps maintained for a three-year

period?

Yes ___ No ___

8. Are all detailed grievance records (those identifying involved

parties) maintained on a confidential basis and without

notation in student or personnel files?

Yes ___ No ___
96 Protecting Students from Harassment and Hate Crime

B: Checklists

9. Is a set of open records regarding grievance resolutions and

precedents (parties unidentified) available to students,

employees, and other interested persons?

Yes ___ No ___

10. Are regular reports of grievance precedents and compliance efforts disseminated to all students, employees, and

governance persons?

Yes ___ No ___

11. Are continuing assessments made of the understanding of

students and employees regarding Title IX provisions and the

Title IX grievance procedure?

Yes ___ No ___

______________________

From Title IX Grievance Procedures: An Introductory Manual,

originally developed by the National Foundation for the

Improvement of Education, and revised and reprinted by the

U.S. Department of Education, Office for Civil Rights, 1987.

This publication provides suggestions which schools may find

useful in formulating and implementing grievance procedures

for addressing allegations of discrimination, including

allegations of harassment; it is not intended to establish

compliance standards.
Appendix B: Checklists & Protocols 97

B: Checklists

Investigating Complaints

Implementing the Harassment

Investigation

A thorough investigation, followed by prompt remedial action,

is the best course of action to take when an incident of

harassment is reported. But did you know that how you

investigate can protect you from liability? Here are some

things you should do to help keep your internal investigations

on the up-and-up.

Before the investigation.

• DO select the proper investigator. The person should be

familiar with board policies and procedures.

• DO plan the investigation. Decide whom you will interview

and what physical evidence you will need.

• DO prepare a strategy so you can gather the necessary

information in the fastest manner possible with minimal

disruption to the work force.

When speaking with witnesses.

• DO prepare your questions in advance to assure that you

ask all witnesses the same questions.

• DO interview witnesses in private, and emphasize that those

with a legitimate “need-to know” will be given interview

information.

• DO take detailed notes during the interview, including the

name of the witness, the date and time of the interview,

when it was held, who was present, and -- most importantly

-- what was said.

• DO have the witness write up his/her own statement and

have him/her sign it.

After the investigation.

• DO assess the information you’ve gathered, and decide if

there’s enough evidence to make a fair and reasonable

decision.

• DO summarize your findings. Complete a report, showing

precisely how you handled the investigation and what facts

you found to be true.

• DO take appropriate action based on the facts of the

investigation. Make sure the action is consistent with policy

and past practice.

________________________________

Reprinted with permission from the Manager’s Legal Bulletin, by

Alexander Hamilton Institute, Inc., Vol. 11, No. 16 (February 15, 1997),

70 Hilltop Road, Ramsey, NJ. 07446, 800/879-2441.

What Everyone Needs to Know about

Handling Harassment

• Take the report seriously. Assure the person that the

complaint or problem is being taken seriously and that the

institution will respond to the problem promptly.

• Listen, sympathize, but don’t judge. Listen to what the

person has to say, sympathize, but make no judgment or

commitment regarding the allegations or how the

investigation will be conducted. Do assure the person that

the institution takes harassment seriously and will not

tolerate it.

• Don’t delay. If you are not the individual designated to

process harassment complaints, tell the complainant who is

responsible and offer to help contact that person. If that

person is not immediately available, tell the complainant you

will follow through immediately after this interview. Then do

it as soon as possible. Delays of even a few days can make

investigations difficult or send a signal to the complainant

that the institution is not taking the complaint or problem

seriously.

• Respond to concerns. If the complainant expresses or

indicates fear, assure the person that the institution will do

everything in its power to ensure confidentiality (but make

no promises), prevent retaliation and stop further

harassment. If you are the person designated to process

complaints or investigate them, answer any questions about

the complaint process that will not jeopardize the

investigation. If you are not the appropriate person to

process a complaint, assure the complainant that his or her

questions will be answered by the appropriate person.

• Document. Write a detailed summary of what the

complainant told you, including your observations of the

person’s demeanor. Submit it to the individual who will be

processing the complaint.

• Follow up on the complaint. Check with the complainant the

next day to ensure that he or she is getting needed

assistance.

• Avoid using “Dangerous Words,” such as “It’s just

teasing—no big deal.”

________________________________

Reprinted by permission of the Educator’s Guide to Controlling Sexual

Harassment, Thompson Publishing Group, Inc., Washington, D.C., tel:

202/872-4000, http://www.thompson.com.

Legal Issues Associated With

Investigations

• Confidentiality. Tell persons interviewed that you will try to

ensure that the complaint process will be kept as private as

possible. But DO NOT PROMISE COMPLETE

CONFIDENTIALITY because that may be impossible to

deliver. Restrict all comments to a “need-to-know” basis.

• Non-retaliation. While absolute confidentiality cannot and

should not be promised to anyone involved in a harassment

investigation, a pledge of non-retaliation can and should be

made immediately.
98 Protecting Students from Harassment and Hate Crime

B: Checklists

• Defamation. Avoid making any statement or comment about

an alleged harasser. Restrict all comments to a “need-toknow” basis and have solid proof to substantiate any

comments made to those entitled to hear them.

• Safeguard documents. Keep pertinent records and

documents safe and restrict access to those who have a

legitimate need to see the information.

________________________________

Reprinted by permission of the Educator’s Guide to Controlling Sexual

Harassment, Thompson Publishing Group, Inc., Washington, D.C., tel:

202/872-4000, http://www.thompson.com.

On What Should Investigations Focus?

• On the effect of the behavior.

• On expected standards of behavior, as delineated in the

policy, training, handbooks, etc., to see that they have been

met.

• On context. When, where and in front of whom did the

alleged action take place? Was it public or private? Were

there witnesses? Did the situation occur on the job, on the

campus or off the premises? Was it education or businessrelated? How were remarks spoken and body language

used?

• On welcomeness. Was the behavior welcome? Was there a

prior relationship? (Remember that a prior relationship is

not a defense against sexual harassing behavior.)

• On patterns of behavior. Previous harassment? Prior

unfounded complaints? Weak performance and

evaluations?

• On establishing credibility. Seek corroboration. Consider

timing of complaint and whether the complainant’s delay in

reporting it was justifiable.

Seek corroboration by determining if the complainant:

• told someone else about what happened;

• wrote about the behavior in a diary;

• changed behavior (e.g., dropped a course, experienced

lower grades, avoided the alleged harasser, withdrew

socially, developed symptoms of worsened physical or

emotional health); or

• wrote a letter to the alleged harasser about the behavior.

________________________________

Reprinted by permission of the Educator’s Guide to Controlling Sexual

Harassment, Thompson Publishing Group, Inc., Washington, D.C., tel:

202/872-4000, http://www.thompson.com.

How to Ensure a Successful Investigation

• Take all complaints and claims seriously. Never belittle,

downplay or ignore a claim.

• Keep an open mind. Do not presume guilt or innocence. Do

not make determinations based on the appearance, position

or reputation of the people involved.

• Investigate promptly. Try to begin with 24 hours and end

within 10 days, if at all possible.

• Document all parts of the investigation. Create a separate

confidential file accessible only to investigators that includes

interview notes, corroborating documents and the final

written report. Check with legal counsel about obtaining

signed statements from all parties. Do not require

complainants to write a statement or complaint themselves

if they prefer to make oral statements. However, they should

agree with any statement you have put in writing and so

indicate by initialing or signing it.

• Preserve privacy. Ask parties not to discuss the

investigation except with designated personnel. Explain the

reason for this, and that this is a request, not an order.

• Act in a neutral and professional manner. Remain calm and

appropriately sympathetic, but do not take sides.

________________________________

Reprinted by permission of the Educator’s Guide to Controlling Sexual

Harassment, Thompson Publishing Group, Inc., Washington, D.C., tel:

202/872-4000, http://www.thompson.com.
Appendix B: Checklists & Protocols 99

B: Checklists

Checklist and Survey:

Is Harassment a Problem

in Your School?

by Marta Larson

THIS ASSESSMENT has two parts: a checklist and a survey.

The checklist is intended to help school personnel assess their

school or district’s effort to prevent harassment from

occurring. The survey is intended to help school personnel

assess the level of harassment actually occurring in their

building. The survey does not ask the actual number of

harassment events that occur but rather assesses general

awareness of harassment events.

The checklist and survey can be used separately or together.

They apply to harassment of both students and staff. You may

want to include a definition of harassment (see pages 14-16)

when circulating these materials, along with an explanation of

how the results will be used and reassurance that individual

responses will be kept confidential. The checklist and survey are

updated versions of my checklist and survey originally published

in Title IX Line, Vol. IV, No. 1, Fall, 1983, by our office.

Checklist: What Has Been Done to

Prevent Harassment in Your School?

Check each action that has been taken in your school or

district, count the number of check marks, and turn to Scoring

the Checklist to see how your district rates.

1. Do you have a specific policy against harassment and a

written code of conduct that publicizes it?

__ Do you have such a policy?

__ Does the policy address sexual, racial/ethnic, sexual

orientation, and differently-abled harassment?

__ Does the policy contain the minimum elements of a

definition, procedures, sanctions, and prescribed method

for notifying people?

__ Is there a procedure to inform new employees and

students of the policy?

__ Is there any reference to harassment in the student

discipline code?

__ Does the student handbook contain policy language

regarding harassment?

__ Does the employee handbook contain policy language

regarding harassment?

__ Do union contracts and affirmative action plans for the

district contain policy language regarding harassment?

__ Are student job training work sites notified of the

harassment policy?

__ Are vendors and salespersons visiting the district apprised

of the policy?

2. Do you have a grievance procedure to handle complaints

about harassment and to monitor its effectiveness? (This may

or may not be the same as other grievance procedures.)

__ Do you have a grievance procedure for harassment?

__ Does the grievance procedure provide an opportunity for

informal consultation and, where appropriate, informal

resolution before moving into formal procedures?

__ Does the grievance procedure provide for impartial

investigation that includes fact finding, careful review, due

process, and opportunity for appeal?

__ Does the grievance procedure include an appropriate

remedy based on the severity of offense and institutional

corrective action where there is a finding of harassment?

__ Has information about this procedure been disseminated to

employees and students?

__ Is a similar grievance procedure written into any union

contracts?

__ Has this procedure been disseminated to vendors and

salespersons visiting the district?

3. Are you prepared to receive and respond to complaints?

__ Is there at least one complaint manager in every building in

the district, including non-instructional sites such as the

bus garage or district administration building?

__ Are there complaint managers of both genders, and is the

group balanced by ethnicity, race, and linguistic group?

__ Do all students and staff know the name and location of at

least two complaint managers?

__ Are those wishing to file a complaint allowed to go to any

complaint manager they feel comfortable with, rather than

being required to see the one in their building?

__ Have the complaint managers and investigators received

regular yearly training?

__ Do the complaint managers meet on a regular basis to

engage in group problem solving and to identify their needs

for further training and support?

__ Are the complaint managers given released time from their

regular duties to attend to complaint management and

record keeping tasks?

__ Do the complaint managers have access to training and

legal advice regarding the proper processing of complaints

and potential legal liability?

__ Do administrators work cooperatively with complaint

managers, i.e., are sanctions and remedies actually

applied?

__ Does the administration and school board receive regular

statistical reports by building and district regarding the

number and type of formal and informal complaints filed

and their disposition?
100 Protecting Students from Harassment and Hate Crime

B: Checklists

4. Do you foster an atmosphere of prevention by sensitizing

students and staff to the issue of harassment? Does the

definition of harassment make it clear that sexual, racial/

ethnic, sexual orientation, and differently-abled harassment

are included?

__ Does the district mission statement reflect a commitment

to mutual respect for all people?

__ Has there been a training program for district

administrators in the past two years?

__ Has there been a training program for district employees

including job training supervisors in the past two years?

__ Has there been a training program for students in the past

two years?

__ Do staff members model the use of appropriate language

and behavior at all times?

__ Are pamphlets and/or posters advising students and

employees about the nature of harassment and its legal

implications easily found around the school?

__ Has a school-wide conference or speakout been held to

sensitize the school community to the issue of

harassment?

__ Is information about preventing harassment and what to do

if it occurs a routine part of the K-12 curriculum?

__ Do staff members promptly intervene in situations where

they observe harassment?

__ Is offensive graffiti that violates the harassment policy

promptly removed?

__ Do student leaders take an active role in the effort to

prevent harassment?

__ Have events where harassment flourishes, such as “flipup” days and pep rally cross-dressing skits, been

eliminated?

__ Have past incidents of harassment been resolved fairly and

appropriately?

__ Do students and staff members feel comfortable talking

openly about harassing incidents, problematic areas, and

attitudes?

5. Have you reached out to populations of students known to

be particularly vulnerable to harassment?

__ Have support groups been established for students enrolled

in vocational or academic classes that are nontraditional for

their gender, race, or ethnicity?

__ Are students who drop vocational or academic classes that

are nontraditional for their gender, race, or ethnicity routinely

surveyed to establish the reason for dropping and to

determine whether harassment played any role in their

decision?

__ Are student placement work sites routinely visited and

evaluated for freedom from harassment?

SCORING THE CHECKLIST

37-44 points: Your district has obviously embarked upon a

well planned and determined effort to eliminate harassment.

27-36 points: Although your district has many good points in

its efforts to prevent harassment, there are still a few areas

where improvements should be made. Locate the points on

the checklist that you didn’t check off and consider how you

can improve the situation in those areas.

17-35 points: While you are making some efforts to prevent

harassment in your district, you need to supplement that effort

in many areas. Consider administering the survey to determine

the level of harassment in your district, and use the results of

the survey to begin identifying areas to concentrate on.

0-16 points: Your district should examine this issue from the

standpoint of legal liability. Assess district policies and work

toward basic awareness of the problem within the district. Set

specific deadlines for completing each phase of the effort.

Consider asking for assistance from an outside agency such

as the Programs for Educational Opportunity.

Survey: Is Harassment a Problem

in Your Building?

Please answer these questions as best you can.

1. Do you know of instances of harassment that have

happened in your building?

__ yes __ no

If yes, what kind of harassment was it? (Check all that apply):

__ sexual __ racial/ethnic

__ sexual orientation __ differently-abled

If yes, was the harassment between:

__ students/students __ students/staff __ staff/staff

How many instances have you heard of in the past year?

__ one __ two to five __ six or more

2. Do you know of students who have dropped a class or had

their grades affected because of harassment?

__ yes __ no

How many instances have you heard of in the past year?

__ one __ two to five __ six or more

3. Do you know of staff members who were denied

promotions, were fired, or who quit because someone

harassed them?

__ yes __ no

How many instances have you heard of in the past year?

__ one __ two to five __ six or more
Appendix B: Checklists & Protocols 101

B: Checklists

4. In cases of harassment that you know about, what did the

victim do? (Check all that apply.)

__ ignore it

__ complained to school authorities

__ told harasser to stop

__ complained to someone outside the school

__ went along with it

5. What happened in cases of harassment which you know

were reported to school authorities? (Check all that apply.)

__ the charge was found to be true

__ nothing happened

__ the charge was found to be false

__ the charge is still being processed

__ action was taken against the harasser

__ do not know what happened

__ action was taken against the victim

6. In cases of harassment which you know of, if the victim did

nothing, why do you think she/he did nothing? (Check all that

apply.)

__ did not know what to do

__ did not want to hurt the harasser

__ didn’t think it was necessary to report

__ was too embarrassed

__ didn’t think anything would be done

__ didn’t know it was against policy

__ was afraid the harasser would get even

__ thought it would make him/her uncomfortable with

her/him in building

__ didn’t know it was against policy

7. How widespread do you think harassment is in this

building?

__ it goes on all the time

__ it only happens to a few people

__ it happens to a fair number of people

__ it doesn’t happen

Please check the categories that best apply to you:

__ male __ female

Your race/ethnicity? ___________________

Main language you speak? ___________________

Are you a __ student __ staff member __ other?

(If other, please specify.) _________________________

________________________________

Reprinted with the permission of the Programs for Educational Opportunity,

University of Michigan School of Education, from “Abolishing Harassment,”

Equity Coalition, Volume IV, No. 1, Spring 1996.
102 Protecting Students from Harassment and Hate Crime

B: Checklists
Appendix B: Checklists & Protocols 103

B: Checklists

Hate Crime School Survey

School Name ______________________ Elementary _______ Middle _______ Junior _______ High _______

This survey is being completed during week ____ of the current school year ____________

Please indicate which of the following hostile acts have occurred during the year, the approximate number of times each act

occurred and whether the victim was a student, administrator, other employee, or general public.

1. Buildings or other parts of the school grounds defaced with words or symbols:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/ Admin.

Other School Employee

General Public

2. Racial slurs or bigoted epithets:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/Admin.

Other School Employee

General Public

3. Symbolic acts of hate, acts traditionally threatening or offensive to members of a group:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/ Admin.

Other School Employee

General Public

 4. Posting or circulating material based on stereotypes demeaning to members of a group:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/ Admin.

Other School Employee

General Public

 5. Destruction, defacing or removal of posted materials, meeting places, memorials, etc.:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/Admin.

Other School Employee

General Public

6. Destruction of personal belongings:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/Admin.

Other School Employee

General Public
104 Protecting Students from Harassment and Hate Crime

B: Checklists

7. Physical violence:

Victim Frequency

none 1-3 4-6 7-9 10+

Student

Teacher/Admin.

Other School Employee

General Public

8. Indicate which of the following groups have been victimized by hate crime incidents at your school. Please estimate the approximate percentage of total incidents suffered by each group:

Victim Group % of Total Incidents

African American ________________

Arab/Middle Eastern ________________

Asian/Pacific Islander ________________

Filipino ________________

Latino ________________

Native American Indian/Alaska Native ________________

White ________________

Christian ________________

Islamic/Muslim ________________

Jew ________________

Gay/Lesbian ________________

Other________________ ________________

9. On a scale of 1-10, please rate what you believe to be the comfort level of the overall school population with each group (1= very

uncomfortable, 10 = very comfortable)

Victim Group School Population Feels

African American ________________

Arab/Middle Eastern ________________

Asian/Pacific Islander ________________

Filipino ________________

Latino ________________

Native American Indian/Alaska Native ________________

White ________________

Christian ________________

Islamic/Muslim ________________

Jew ________________

Gay/Lesbian ________________

Other________________ ________________

10. In the cafeteria and the classroom, do group members tend to sit only or primarily with members of their own group? If so,

indicate for which groups this is true.

Victim Group Members Keep to Themselves

African American ________________

Arab/Middle Eastern ________________

Asian/Pacific Islander ________________

Filipino ________________

Latino ________________

Native American Indian/Alaska Native ________________

White ________________

Christian ________________

Islamic/Muslim ________________

Jew ________________

Gay/Lesbian ________________

Other________________ ________________
Appendix B: Checklists & Protocols 105

B: Checklists

11. During the current school year, have you seen what you believe to be evidence of the presence of “supremacist” groups in your

school such as Neo-Nazis or Ku Klux Klan?

Yes ______ No ______

If yes, name groups and what made you notice them.

Group Evidence of presence on campus

___________________________________________________________________________________________

___________________________________________________________________________________________

____________________________

Reprinted with permission from Hate Crime: A Sourcebook for Schools Confronting Bigotry, Harassment, Vandalism and Violence,

Cristina Bodinger-DeUriarte and Anthony R. Sancho (1991), Southwest Center for Educational Equity, Southwest Regional Laboratory, 4665 Lampson Avenue, Los Alamitos, CA 90720.
106 Protecting Students from Harassment and Hate Crime

B: Checklists
Appendix B: Checklists & Protocols 107

B: Checklists

Addressing Racial Harassment

A self-evaluation and planning guide for

school districts

I. POLICIES/AWARENESS/EDUCATION

Formal Policy. Have we taken a formal position that racial

harassment is contrary to district policy? Has our position

been approved by the appropriate level of authority in the

district?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Is our policy clear, comprehensive, and consistent with legal

requirements?

• Addresses racial harassment in district programs and activities.

• Is sufficiently broad to address the range of incidents where

the district can be responsible, including harassment

perpetrated by staff, agents, students, or others.

• Have we sought external review by persons or agencies

knowledgeable of civil rights requirements?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Do we take steps to ensure our policy is made known to all

interested persons (e.g., post notice on bulletin boards,

newspapers, district publications, mailings, copies maintained

by designated officials, etc.)?

• How is it disseminated to:

students _______________

parents _______________

staff _______________

• Is the notice recurring/ongoing?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Have we designated a person or persons to coordinate our

efforts to promote awareness and racial harmony?

• Does this person have adequate time and support to

effectively execute these responsibilities? How do we

determine whether appropriate support is provided?

• Is this person encouraged to present information regarding

needs to administrators responsible for supporting such

activities? How?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Have we consulted with a diverse cross section of persons to

identify needs and generate ideas for educational/awareness

activities?

Staff ____________

Parents ____________

Students ____________

Experts in the field ____________

Elected officials ____________

Business community ____________

Other community interests ____________

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

What steps should we take to promote cultural awareness,

understanding, and mutual respect? Should we consider other

(additional) activities (e.g., classroom activities, student

advisory groups, extra-curricular cross-cultural appreciation

activities such as art, music, student exchanges, guest

speakers, field trips, cultural fairs, etc.)?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Is our plan of training and other multicultural awareness

programs effective?

• What is the feedback from staff and students regarding the

effectiveness of these activities?

• Do we need to establish a specific interval to reevaluate our

success?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________
108 Protecting Students from Harassment and Hate Crime

B: Checklists

Do we have a crisis intervention plan?

• Have we had training on how to address a crisis?

• What situations call for outside assistance?

• Who has authority to set the plan in motion?

Notes:______________________________________________

___________________________________________________

II. COMPLAINTS/REMEDIES

Are our internal methods for handling concerns or complaints

clear and well known? Have we determined that our methods

of notice are effective?

• Do persons with concerns or grievances receive information

on how to present them (to whom) and what steps will be

followed when they use our process(es)?

• Are staff aware of the grievance process so they are

prepared to respond to inquiries?

• Do we provide informal as well as formal avenues?

• How is the information regarding raising concerns or

grievances disseminated? Is it published?

• Have we determined whether notice is reaching those who

may need to present concerns or grievances?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Do our methods of addressing a grievance ensure

thoroughness, fairness, and impartiality (i.e., provide due

process)?

• Are the staff involved in carrying out the process fully

informed of the legal requirements in this area? How?

• Do we provide for an impartial investigation of complaints?

How do we ensure this impartiality?

• Do we provide a full opportunity to provide evidence? How?

• Do we communicate our decisions (and the bases for such)

clearly in writing? How and to whom?

• Do we reach prompt decisions? Do we have standards for

timeliness? Do we adhere to our standards?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Do we provide for effective remedies where there has been

discrimination?

• Do we have standards that ensure our remedies fully correct

the harm or injury?

• Are our remedies effective at preventing a recurrence? How

do we evaluate the effectiveness of our remedies?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

Do we have a person designated to coordinate our complaint

procedures? Are they provided training and information on

their duties?

• Do we need to establish a specific interval to reevaluate the

overall effectiveness of our complaint procedures?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

III. ONGOING REVIEW

Do we have an ongoing and periodic review of our overall

efforts to address racial harassment?

• Is there a person responsible to initiate our periodic review?

• Have we established a specific interval for our review?

• Have we ensured the review will be comprehensive?

Notes:______________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

________________________

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

Western Division, Seattle Office.
Appendix B: Checklists & Protocols 109

B: Checklists

Responding to Hate-Motivated Behavior

Schools must have a clear set of procedures to follow when

responding to hate-motivated incidents. Steps that ensure the

safety of the victim, provide for appropriate disciplinary action

for the perpetrator, and establish a standardized reporting

system are important procedures to have in place at every

school site.

Immediately:

1. Stop the behavior and address the problem. Discuss the

incident with the student(s) involved and interview possible

witnesses. Provide immediate and reasonable consequences

for the perpetrator (based on school and district disciplinary

guidelines).

Later the same day:

2. Provide immediate staff response to all reports of hatemotivated incidents. Notify school administrators and law

enforcement officers of the incident and request assistance, if

necessary. Get assistance for the teacher if he or she is

uneasy in dealing with this issue.

3. Activate all student rumor control networks on campus so

that they can disseminate accurate information across the

campus before rumors spread.

4. Provide victims of hate-motivated behavior or crime with

support and assistance, including referral to victim support

agencies, if appropriate.

5. Inform the victim’s and perpetrator’s parents that the school

is taking the incident seriously. Ask family members whether

they are aware of any indicators of hate-motivated behavior at

home and whether their observations may be documented and

shared.

6. Report in writing all hate-motivated behavior. Reports

should include a description of the behavior and name(s) of

the student(s) involved. Inform the district office staff of all

planned follow-up activities (refer to Appendix C).

7. Follow the district’s media relations plan so the assigned

spokesperson can take command of distributing the

information quickly and accurately.

As soon as possible:

8. Proceed with appropriate disciplinary action consistent with

district policy and the California Education Code. Law

enforcement officers may proceed with a concurrent

investigation based upon California Penal Code violations.

9. Provide appropriate sensitivity training and diversity

education for the perpetrators and their families.

10. Implement follow-up activities with the students, staff, and

community:

• Have law enforcement officers take photographs of graffiti

and have district personnel paint out all graffiti before

students arrive at school so that the message is not seen by

students.

• Work with students who are in formal and informal

leadership roles to plan activities which will restore campus

harmony: e.g., campuswide “No Put-Down” campaigns.

• Utilize school or district crisis response teams to support

the students.

Preventing and Responding to

Hate-Motivated Behavior

Preventing Hate-Motivated Behavior

Teachers, principals, counselors, parents, grandparents, and

extended family members should model behavior for children

which promotes dignity, respect, and appreciation of diversity

for people from all backgrounds and cultures.

It is the school’s responsibility to ensure that established school

district standards of behavior are followed. Standards should

promote respect for all people and for oneself. School personnel

must demonstrate to students that each person is valued as are

all cultural differences brought from home to school.

A Suggested Process

Specify the rules of conduct in documents, speeches, and

orientation sessions that are held with students and faculty.

Include the district and school policies concerning bigotry, all of

the activities considered to violate policies and constitute

unacceptable behavior, the procedures for reporting a hate crime,

and the consequences for those who commit any hate-motivated

behavior.

Assess the existing school climate, review incident reports, and

identify potential problems. Perform a Hate Crime School Survey*

at the site and use the data to develop strategies for reducing

hate-motivated incidents. Analyze the data to improve programs.

Adopt a curriculum or supplement the current curriculum through

course content which includes or enhances multicultural

components. Provide staff training which will help teachers to

respond immediately and appropriately to hate-motivated

incidents in the classroom, accurately report hate-motivated

incidents, and provide needed assistance for the victim and

offender.

Provide workshops for teachers, parents, families, and

community partners which teach the importance of setting

examples and provide the opportunity for participants to

model positive behavior toward youths.

Involve community partners, such as government agencies,

law enforcement, and other school sites, as resources. These

partners are valuable resources for helping develop effective

prevention plans.

Support student activity programs that promote appreciation

and respect for differences among people. Support afterschool, evening, and weekend events which demonstrate how

students can harmoniously work together, learn from one

another, and resolve conflicts among members of a dissimilar

student body. Encourage existing student-focused programs

promoting dignity and physical and emotional safety for all

students. (refer to Resources).

* See Cristina Bodinger-deUriarte and Anthony R. Sancho, Hate Crime: A

Sourcebook for Schools Confronting Bigotry, Harassment, Vandalism,

and Violence. Southwest Regional Laboratory, 4665 Lampson Ave., Los

Alamitos, CA 90720.

________________________________

Reprinted with permission from Hate-Motivated Behavior in

Schools, Response Strategies for Administrators, School

Boards, Law Enforcement and Communities, Alameda County

(CA) Office of Education (1997).
110 Protecting Students from Harassment and Hate Crime

B: Checklists

• Provide staff with effective strategies on how to respond to

taunts and slurs in the classroom: e.g., establish “No Slur

Zones” in the classroom or perform sensitivity exercises

with students.

USING THE TEACHABLE MOMENT.

Teachers need to be provided the necessary training which

enables them to recognize and appropriately respond to

hate-motivated incidents that occur in their classrooms.

When teachers are aware of such acts and are comfortable

responding to them, they can use this teachable moment to

talk with students. This discussion helps students to

understand the damage and hurt that can be brought about by

such behavior.

________________________________

Reprinted with permission from Hate-Motivated Behavior in

Schools, Response Strategies for Administrators, School

Boards, Law Enforcement and Communities, Alameda County

(CA) Office of Education (1997).

Working with Victims and Perpetrators

A student’s embarrassment or fear of retribution often

prevents the student from reporting the incident. Staff

members must strive to maintain an atmosphere of trust,

safety, and confidentiality so that students feel comfortable

sharing their experiences.

School staff should provide support in the following ways to a

student victimized by hate-motivated behavior:

1. Assist the victim in filling out any required school district

and law enforcement reports and be sensitive to any cultural

and language needs of the student. The staff should also

encourage the student to inform his or her parents about the

incident.

2. Help the student preserve evidence from the incident,

including written materials, drawings, and graffiti. Staff should

also help the student identify responsible parties and possible

witnesses.

3. Ensure that the student receives appropriate medical

treatment or counseling support. Often the student will minimize

the injury or harm and refuse such assistance. Staff should still

offer the immediate assistance and longer-term support.

4. Offer the student and family assistance in contacting other

resources, such as law enforcement, victim-witness assistance

programs, local media, and community organizations.

5. Break through feelings of isolation the student might have

by encouraging discussions with and support from family,

friends, and other students.

6. Assure the student that the school will treat the incident

with appropriate seriousness by using classroom and group

settings to talk about what makes a school feel safe and

secure. Assure the student that the staff will work hard to

create a safe environment for all students.

School staff should work in the following ways with a student

who has perpetrated a hate-motivated act:

1. Talk with the perpetrator and try to determine his or her

level of intent to hurt or harm. Determine whether the student

has had any prior contact with other hate groups on campus,

in the neighborhood, or through the Internet.

2. Assist the perpetrator in contacting his or her parents and

arrange for any necessary meetings with the school or police.

When meeting with parents, be alert to any verbal clues

regarding hate-motivated feelings.

3. Explain what type of forms will be filled out and how the

student’s behavior is going to be described and reported.

Inform the perpetrator as to what disciplinary action will be

taken.

4. Consider, if appropriate, face-to-face discussions with the

victim (restorative justice techniques). Be sensitive to public

ridicule and embarrassment because that rarely changes a

person’s behavior for the better.

5. Promote rehabilitation and higher levels of awareness for

perpetrators and parents by having them view videos, read

stories, and perform meaningful, positive deeds within the

community.

________________________________

Reprinted with permission from Hate-Motivated Behavior in

Schools, Response Strategies for Administrators, School

Boards, Law Enforcement and Communities, Alameda County

(CA) Office of Education (1997).

Working with the Media

Schools cannot wait until hate-motivated incidents become a

concern before developing a media-response plan. Having

clear procedures in place before an occurrence will help avoid

ill-prepared confrontations with the media.

Preparing Before an Incident

Confer with district-appointed media spokespersons to

develop a clear strategy. Document the plan and keep it

accessible. Maintain an accurate list of media addresses so the

appointed spokesperson can send a news release quickly to

control rumors and calm the community. Remember to

include the ethnic press and radio and cable television

stations.

Designate a capable, accessible individual and a back-up

contact at each school site to field media calls. Name these

contacts in written school procedure papers in case legal

action is taken later.

Know state laws and district policies as they relate to hatemotivated behavior.

Have appropriate staff members attend a media-awareness

workshop and in-service training on the district’s media

guidelines.

Form cooperative working relationships with the press before

an incident occurs. Be sensitive to the media’s reporting

deadlines and balance them against the need to gather

accurate information. When prepared ahead of time, the
Appendix B: Checklists & Protocols 111

B: Checklists

district, not the media, will be able to take charge of the

interview.

Prepare a boilerplate statement and news release ahead of

time. Take time to construct responses to anticipated

questions. Think through answers carefully; get legal advice

when possible (refer to Appendix D).

Link with other “zones of influence,” such as schools,

churches, and YMCAs, to share ideas.

Responding After an Incident

Maintain a professional tone and take the time to thank the

media for their concern. Do not become defensive.

Set up a press conference if warranted. This allows the district

to answer all questions at one time, ensuring uniform

dissemination of information.

Assign a district team to protect the victim and perpetrator

from the media. Meet with the families and assist them in

dealing with reporters.

Invite the media back to the school at a later date to observe

positive campus activities. Examples of these activities are:

• Curriculum instruction and activities that teach students

about the importance of accepting and appreciating diversity

among people

• Schoolwide presentations or programs that highlight

cultural pluralism

• School and community partnership activities that promote

the value and importance of all children

________________________________

Reprinted with permission from Hate-Motivated Behavior in

Schools, Response Strategies for Administrators, School

Boards, Law Enforcement and Communities, Alameda County

(CA) Office of Education (1997).
112 Protecting Students from Harassment and Hate Crime

B: Checklists
Appendix B: Checklists & Protocols 113

B: Checklists

Sample Hate-Motivated Behavior Incident Report

School District

I. Incident:

School _______________________________________________________________

Location_______________________________________________________________

Date _________________________________________________________________

Time _________________________________________________________________

Form completed by _____________________________________________________

Phone _______________________________________________________________

Title__________________________________________________________________

2. Perpetrator(s):

Perpetrator

Ethnicity attend school?

Male Female A Al/AN B F H PI W Grade Yes/No

1

2

3

4

3. Victim(s):

Perpetrator

Ethnicity attend school?

Male Female A Al/AN B F H PI W Grade Yes/No

1

2

3

4

4. Type of Bias:

__ Race __ Sexual Orientation __ Religion __ Sex (gender)

__ Disability __ National Origin __ Other:_____

5. Type of Incident:

PERSONAL PROPERTY

__ Body language/gestures __ Physical assault - __ Graffiti

__ Verbal slurs/threats no weapon(s) used __ Property damage

__ Harassment __ Physical assault - __ Arson

__ Extortion/theft weapon(s) used __ Cross burning

__ Other:_____________

(See page 3 for instructions on completing the form.)

Reprinted with permission from Hate-Motivated Behavior in Schools, Response Strategies for Administrators, School

Boards, Law Enforcement and Communities, Alameda County (CA) Office of Education (1997)

Ethnic Code Key

(taken from

CBEDS)

A—Asian

AI/AN—

American Indian

or Alaskan Native

B—Black, not of

Hispanic Origin

F—Filipino

H—Hispanic

PI—Pacific

Islander

W—White
114 Protecting Students from Harassment and Hate Crime

B: Checklists

6. Narrative Description of Incident

7. Action Taken

8. Assistance Needed at Site to Prevent Further Incidents

9. Additional Comments

I0. Other Agency Reports Filed?

__ Yes __No Agency/report title/number/name ___________________________________

This incident reporting form originated from Freedom From Fear, a final report of the California Lieutenant Governor’s

Commission on the Prevention of Hate Violence, May, 1992. Reprinted with permission from Hate-Motivated Behavior in

Schools, Response Strategies for Administrators, School Boards, Law Enforcement and Communities, Alameda

County (CA) Office of Education (1997).
Appendix B: Checklists & Protocols 115

B: Checklists

Instructions for Filling Out the Incident

Report Form

Following instructions carefully will ensure uniform reporting

for all sites. It is important for each site to record all hatemotivated incidents so that the district may plan appropriate

interventions.

The Purpose of Hate-Motivated Behavior Incident Reporting

Hate-motivated behavior is a contemporary issue that schools

cannot afford to ignore. The board has resolved to require all

hate-motivated incidents to be reported using the HateMotivated Behavior Incident Report. The district, along with

local law enforcement personnel, will use information gathered

from these forms to shape a program of interventions aimed

at preventing recurrence or escalation of problems in schools

and neighborhoods where patterns of hate crimes emerge. We

urge your cooperation in using this form.

Filling Out the Form

1. Incident:

School, Location, Date, and Time. This information refers to

the incident itself. Be as specific about the location as possible

(e.g., SE corner of upper playground, in hallway by classroom

X, corner of Tennyson and Ruus).

Form Completed by. Enter the name and title of the person

completing the form (you). If possible, include a phone

number where you can be easily reached.

2. Perpetrator(s): Enter data regarding those who started or

were the aggressors of the incident. The “Perpetrator attend

school?” box refers to whether the perpetrator was a student

at the school or not. If there are more than four perpetrators,

mention should be made in the narrative section (item 6).

3. Victim(s): Enter data regarding those who were the victims

of the incident. Again, if there are more than four victims, note

that in the narrative section (item 6).

4. Type of bias: This check-off section is intended to represent

your best judgment about the motivation behind the actions

which led to the report. It may be helpful to interview the

victims and the perpetrators in order to ascertain the true

motivation. “Other” should be used if none of the six

categories accurately describes the motivation.

5. Type of incident: The definition should be self-explanatory.

Harassment is a pattern of the first two personal incidents

repeated over time. “Other” should be used to describe either

personal or property damage not covered by the categories.

6. Narrative description: Be as specific as possible in order to

give a clear picture of the dynamics and scale of the incident

to anyone trying to plan interventions. Attach separate

sheet(s) if necessary.

7. Action taken: What steps did you take, or do you plan on

taking, in response to the incident? What, if any, school

district reports were filed?

8. Assistance needed: What type of district support do you

believe might be useful in addressing the hate-crime pattern at

your site?

9. Additional comments: Indicate any additional relevant

information you feel is important.

10. Other reports: Record any disciplinary action taken under

California Education Code Section 48900.3 or any work orders

for graffiti removal if related to hate-motivated crime.

________________________

Reprinted with permission from Hate-Motivated Behavior in

Schools, Response Strategies for Administrators, School

Boards, Law Enforcement and Communities, Alameda County

(CA) Office of Education (1997).
116 Protecting Students from Harassment and Hate Crime

B: Checklists
Appendix B: Checklists & Protocols 117

B: Checklists

Preventing Hate Speech,

Behavior and Crime:

A School Site Count-Down Primer

by Hilda Quiroz

This collection of ideas and resources may lead to a response

specific to the needs of a school site as it prepares or

continues to respond to hate motivated behavior. At best, the

list is a compass as it communicates the direction of trends

and practices in the field of violence prevention and, at

minimum, a time-saver as it compiles a collection of

springboard resources, issues and ideas.

Contents

10 Websites to Visit

9 Promising Violence Prevention Approaches

8 Questions to Ask About Your School Community

7 Ideas to Turn Cultural/Historical Celebrations Into

 Meaningful Anti-Bias Activities

6 Prevention Skills to Teach Kids

5 Behavior Theories and Models to Recognize and Understand

4 Goals of an Anti-Bias Curriculum

3 Content Themes to Teach

2 Key Elements of Positive Relations to Build Upon

1 Truth about the Kids We Teach

10 Websites to Visit

• Teaching Tolerance Magazine: classroom activities and

resources K-12

www.splcenter.org/ teachingtolerance / tt-l.html

• Not In Our Town/Not In Our Town II: videos, catalyst for

discussion, curriculum, model campaign and forums

www.igc.org/an/ NIOT.html [not in service]

• Search Institute: Developmental Assets research / resources

www.search-institute.org

• Anti-Defamation League: classroom videos, curriculum K-12

www.adl.org

• Creating Safe Schools: sexual harassment and sexual

orientation

www.youth.org/loco/PERSONProject/Handbook/

appendix9.html

• Hate-Motivated Behavior in Schools Manual: download

www.cde.ca.gov/spbranch/safety/crym.html

• STAR (Students Talk About Race) Note: Bay Area program

temporarily down but worth investigating

www.pfaw.org/star/home.html

• Multicultural Pavilion at the University of Virginia:

multicultural education, curry.edschool.virginia.edu/go/

multicultural/

• Juvenile Justice Clearinghouse: Healing the Hate: National

Bias Crime Prevention Curriculum for Middle Schools

(document # 165479)

www.ncjrs.org

• Resolving Conflict Creatively Program, National Center:

Dynamite Site! for educators and school sites

www.benjerry.com/esr/index.html [not in service]

9 Promising Violence Prevention Approaches

• Partnerships that include family, peers, community and the

media.

• Programs at all grade levels K-12.

• Programs that meet the developmental needs of students.

• Program content that promotes personal and social skills.

• Interactive teaching techniques.

• Ethnic identity/culturally sensitive material matched with the

needs of the target population.

• Teacher training and staff development that ensures fidelity

to your program.

• Activities that promote a positive school climate.

• Activities that model and foster norms against violence,

aggression and bullying.

Note. To date no one has identified the precise elements of

effective violence prevention programs. These approaches

come from expert assumptions and findings from other

prevention fields. There are several program evaluations

underway at present that are being funded by the CDC.

Modified from the Journal of School Health, December 1997.

8 Questions To Ask About Your School

Community

• What evidence of hate incidents or crimes exist in our larger

community?

• What is the evidence or potential for hate motivated

behavior at our school site?

• Is my staff trained to recognize and productively respond to

hate speech and behavior?

• Can my staff accurately report a hate motivated incident?

• Can my staff support both the victims and perpetrators of

hate motivated behavior?

• What kinds of classroom programs do we have that teach

students the information, skills and attitudes to recognize,

respond to or resist hate motivated behavior?

• What kinds of school site activities do we have that model

the behavior norms that prevent hate speech and behavior?

• What community partnerships exist or need to be

established to prevent and respond to hate motivated

behavior?
118 Protecting Students from Harassment and Hate Crime

B: Checklists

7 Ideas to Turn Cultural/Historical Celebrations

Into Meaningful Anti-Bias Activities

• Begin by viewing your cultural/historical celebrations

calendar as a potential anti-bias curriculum.

• Design your calendar of events to genuinely reflect the

face of your school community.

• Examine your calendar and identify a core of themes or

values that weave through all the events. Communicate

these themes year round. Highlight and connect these

common themes to your observances and celebration

activities.

• Tap your family and larger community to insure that your

activities do not present misinformation, stereotypes, or

misuse symbols or activities. Strive to build an awareness

and understanding of a culture beyond a way of dress, a

kind of music or dance or food.

• Identify structured and purpose-driven classroom activities

and opportunities for dialogues to accompany the events.

Treat the event day like a quality lesson plan with identified

objectives, from an opening right through the opportunity

for reflection and closure.

• Commit the time, staff and resources needed to orchestrate

the program. Student representation is a must. Tap

students beyond the traditional student activities council.

• Build the program into a predictable pattern of events each

year that opens meaningful dialogues, connects school to real

life, people and families, validates differences as gifts and

strengths, identifies similarities, and builds respectful and

trusting relationships for the best and most trying times

ahead.

6 Prevention Skills to Teach Kids

• Communicating to

- express oneself interpersonally.

- resist pressure.

- negotiate and manage conflict.

- advocate for the respect and well being of self and others

• Decision making

• Critical thinking and social problem solving

• Social perspective taking

• Anger management

• Accessing community resources

5 Behavior Theories and Models to Recognize

and Understand

Note. No single education, social, psychological or behavior

theory can account for all the complexities of human behavior.

Most prevention education and intervention programs exist as

an integration of ideas, definitions and proposals. Many

effective and powerful teachers in this area routinely and

instinctively apply similar ideas and approaches based on their

own teaching, learning and life experiences.

• Health Belief Model . . .The model requires students to:

define a problem behavior or risk, personalize the problem

or risk and conclude a realistic degree of personal risk

(perceived susceptibility). Students identify consequences

of the risk or behavior (perceived severity). Students

develop an expectation of benefits from using newly learned

skills, information and attitudes (perceived benefits).

Students identify strategies to reduce barriers to applying

their learning to eliminate or reduce risk (perceived

barriers). Students identify triggers, strategies to activate

“readiness” to act (cues to action). Students engage in

confidence and skill building, they demonstrate desired

behaviors (self-efficacy).

• Theory of Planned Behavior . . . This theory presents the

idea that the best predictor of a desired behavior is the

expression of behavioral intent. It requires students to: 1.

Assess their attitude toward a targeted behavior based on

their personal values, background and experience. 2.

Examine the influential norms of family, friends and the

media and assess their desire to comply with these. 3.

Develop self-confidence and self-efficacy (attitudes,

knowledge, skills) to claim, express behavioral intent and

carry out the behavior.

• Stimulus Response Theory . . . This theory posits that a

behavior can be shaped by the response to that behavior. A

teacher, school and community can reinforce the likelihood

that students will engage and promote a targeted behavior

by recognizing and rewarding, as well as celebrating

progress and achievements based on that behavior.

• Social Cognitive Theory . . .The theory transitions ideas to

suggested actions for prevention and intervention

programs.

-Provide social support.

-Include credible role models.

-Provide for self-monitoring.

-Provide for self-initiated rewards/incentives.

-Teach key skills.

-Approach the behavior change in small steps.

-Model positive outcomes.

-Teach problem solving and stress management.

-Build a value for the behavior.

-Correct misinformation and misperceptions.

-Promote the desired norm.

-Consider the student, the behavior and the environment as

a collective dynamic.

• Community Empowerment Model . . . The model presents

the need for responsive dialogues within a forum of

community partnerships. It addresses the need for a

common community agenda based on felt needs, shared

power and responsibility as well as the awareness of and

pooling of needed resources.

Sources: Bill Kane, Ph.D. UNM. Innovative Programs In Education and

Health Behavior and Health Education Theory, Research and Practice

2nd Edition, Jossey-Bass.
Appendix B: Checklists & Protocols 119

B: Checklists

4 Goals of an Anti-Bias Curriculum

• To foster a positive self-identity within the context of group

identity

• To facilitate knowledgeable, empathic interactions with

people who are different from oneself

• To foster critical thinking about bias

• To help children stand up for themselves and others in the

face of bias

Deman-Sparks, Louise and the ABC Task Force. Anti-Bias Curriculum: Tools for

Empowering Young Children: Washington, D.C. NAYEC, 1989.

3 Content Themes That Build/Promote the

Desired Norm

• Communication of school policy . . . negative consequences

of violence for perpetrator(s), victim(s), families and

friends, bystanders and society at large

• Information about prejudice, sexism, racism and malefemale relationships

• Courtesy, compassion, caring and respect for one another

Violence Prevention Research Center, University of Illinois and the

National School Safety Center.

2 Key Elements of Positive Relationships to

Model/Build Upon

• Trust . . . certainty . . . security . . .reliance . . .faith. . . belief

• Respect . . . honor . . . high regard . . . consideration

1 Truth about the Students We Teach

• Students who feel strongly connected to family, community

and school are at a lower risk for violence. At minimum

these relationships require genuine intention on the part of

adults, quality role models, adequate time and the highest

priority. It is out of these relationships that hope is born.

Where there is hope many good things follow . . . even in

the face of adversity.

“We Mustn’t Just Stand Against Something—

We Must Also Stand For Something”

-Hilda Quiroz, E1R Associates

Become Informed

Take responsibility for educating yourself about the issues.

Don’t take a passive role and wait for others to share their

culture or history with you. Seek out information about other

people, places, and beliefs. It’s easier to develop relationships

with individuals from other cultures and races when you show

that the learning process is mutual.

Recognize Your Own Hesitations

Confront your own discomfort about interfering in racial

tension. Face the limitations your own attitudes may place on

your ability to act. Seek information to help educate yourself

against your own pre-set attitudes, set priorities for yourself,

and be prepared to take action against hate acts.

Accept Conflict as Part of a Healthy Life-style and Learn to

Manage it

Conflict and tension are normal, healthy aspects of life. They

enable us to grow. Stop viewing conflict as bad, learn how to

recognize it, manage it and make it work for you.

Become an Active Listener

If you listen closely, you can hear people, especially young

people, tell you about hurt they have had or are having in their

lives. When you begin to see situations through their eyes, you

will begin to create healing solutions, or at least be able to

refer them to someone who can help. Sometimes it’s just a

matter of listening and showing concern.

Become a Role Model

Practice anti-bias, multicultural values in every aspect of your

daily life. Show others that you respect and value the talents

and diversity of everyone by projecting true enjoyment of

unique cultural observances. Be non-judgmental but

understand the issues of human dignity, justice, and safety,

and make it clear that these are non-negotiable.

Work Collaboratively with Others

Support efforts that combat prejudice and appreciation in all

its forms. Social change is long-term, and it is easy to get

discouraged, but together we have the strength and vision to

make a difference.

Guidelines for Challenging Racism and Other Forms of Oppression,

Cross Cultural Consultation, 1998.

TIPS FOR ADDRESSING HATE BEHAVIOR IN SCHOOL

The sample responses below might be helpful when

addressing particular situations:

Name Calling:

You seem really upset at something John has done or said.

But instead of telling John what it was that you didn’t like, you

called him a word that is used to hurt people. If you tell him

what you don’t like, it will help John not to do it again. Name

calling hurts and it doesn’t solve anything.

Exclusion:

Why did you leave Tony out?

Tony, why do you think you were left out?

What things are important about being a good playmate?

Can Tony change the color of his skin?

Can you change the color of yours?

Do you think that skin color has anything to do with being a

fun playmate?

Making Fun of Differences:

We sometimes think others are strange simply because they

are new to us. We don’t think we look or act strange because

we are used to ourselves.

Do you think we could look strange to people that don’t know

us?

When your family came here from another country do you

think they sounded funny to other people?

Do you think others made fun of the way they talked?

How do you think you would sound to other people if you were

trying to learn a new language?
120 Protecting Students from Harassment and Hate Crime

B: Checklists

Harassing Behavior:

Did Sally do something to make you angry?

What do you want to accomplish by bothering her?

Do you understand that your teasing isn’t going to help you or

Sally?

Have you ever been teased?

How did you feel?

Can you think of ways that you could tell your friends not to

tease or hurt other people’s feelings?

How would you feel if you got your friends to stop hurting

someone else’s feelings?

_______________________________

Reprinted with the permission of the author, Hilda Quiroz,

Soquel, CA, tel. 831/438-4060.
Appendix B: Checklists & Protocols 121

B: Checklists

Guidelines for Determining

Hate Motivation

Law enforcement agencies, reporting groups, government

agencies, and other victim assistance organizations use a

number of guidelines to determine whether hate motive is

involved in an incident or attack. The following are some of the

more common factors to consider. No one factor is conclusive

in itself.

1. Were the offender and victim of different racial, religious,

ethnic/national origin, or sexual orientation groups?

2. Did the victim appear to be a member of a particular racial,

religious, ethnic/national origin or sexual orientation group,

even though he or she in fact is not part of that group?

3. Were there bias-related comments, written statements, or

gestures made by the offender?

4. Were bias-related drawings, markings, symbols, or graffiti

left at the incident scene?

5. Were certain objects, items, or things that represent bias

used or left behind at the incident scene, e.g., hoods,

Confederate flags, burning crosses, swastikas?

6. Has the offender been previously involved in similar hate

incidents, or is the offender a member of a hate group?

7. Does the perpetrator have an understanding of the

incident’s impact on the victim, the victim’s family, or the

community?

8. Did the victim’s family recently move into the area? Is the

victim’s family acquainted with their neighbors and local

community groups?

9. Was the victim a member of a racial, religious, ethnic/

national origin, or sexual orientation group that is overwhelmingly smaller than other groups where the victim lives or the

incident took place? This factor may lose some significance

with the passage of time, i.e., it is the most significant when

the victim first moves into the neighborhood, becoming less

significant as time passes without incident.

10. Was the victim visiting a neighborhood where previous

hate crimes have been committed against other members of

his/her racial, religious, ethnic/national origin, or sexual

orientation group?

11. Was the victim engaged in past or current activities

promoting his/her racial, religious, ethnic/national origin, or

sexual orientation group?

12. Although the victim may not be a member of the targeted

racial, religious, ethnic/national origin, or sexual orientation

group, was he or she a member of an advocacy group

supporting the precepts of the victim’s group?

13. Did the incident coincide with a holiday relating to, or a day

of particular significance to, a racial, religious, ethnic/national

origin, or sexual orientation group?

14. Have there been other incidents occurring in the same

locality, at or about the same time, and have the victims all

been of the same racial, religious, ethnic/national origin,

gender or sexual orientation group?

15. Has the victim or victim’s community been subjected to

repeated attacks of a similar nature?

16. Does a substantial portion of the community where the

incident occurred perceive that the incident was motivated by

bias?

17. What was the manner and means of attack? For example,

does the color of paint, the use of particular words or the

spelling of words, or the use of symbols or signs suggest a

possible hate motive?

18. Does the incident indicate possible involvement by an

organized group? For example:

A. Has a specific hate group claimed responsibility for the

crime?

B. Is there printed literature involved?

C. Does the name of the group in the literature suggest hate

motivation?

D. Does the name of the group suggest a “copy-cat”

syndrome?

E. Is there documented or suspected organized group

activity in the area?

F. Was this group actually involved, or was this a fear or

scare tactic?

19. Are there historical animosities existing between the

victim’s and the offender’s group?

20. Is there an ongoing neighborhood problem that may have

initiated or contributed to the incident? Could the incident be

retribution for some conflict with a group in the community, a

segment of the population, etc.?

21. Has there been prior or recent news coverage of incidents

of a similar nature?

________________________________

From the U.S. Department of Justice, Federal Bureau of

Investigation, Hate Crime Data Collection Guidelines, 1992,

pages 2-3; Uniform Definitions and Guidelines for Identification of Crimes Motivated, All or in Part, by Race, Ethnicity,

Religion and Sexual Orientation, S.B. 2080, from Final Report,

Attorney General’s Commission on Racial, Ethnic, Religious

and Minority Violence, 1986, Appendix E.
122 Protecting Students from Harassment and Hate Crime

B: Checklists
Appendix B: Checklists & Protocols 123

B: Checklists

Graffiti Removal Protocol of the

University of Massachusetts

—

Amherst

Physical Plant Division

Policies and Procedures Manual

January 3, 1996

From: Acting Assistant Director for Customer Service & Work

Management

Subject: Policy on Graffiti Removal

Purpose: To establish a protocol on graffiti removal

Discussion: Massachusetts has enacted a Civil Rights law

which states:

Any person who willfully, intentionally and without right, or

wantonly and without cause, destroys, defaces, mars, or

injures a church, synagogue, or other building, structure, or

place used for a school, educational facility or community

center . . . shall be punished by a fine of not more than two

thousand dollars or . . . by imprisonment in house of

correction for not more than two and one-half years.

Physical Plant has historically removed or covered any

offensive graffiti as soon as possible. As a result of the Civil

Rights law stated above, graffiti may constitute a violation of

law. It is therefore essential that graffiti of an offensive nature

be investigated by Public Safety before we remove it. This

policy is meant to clarify those incidents requiring reporting to

the Public Safety Department.

Action: Upon notification of the existence of graffiti on the

campus of the University or other University owned property,

consideration shall be given to notifying the Public Safety

Department. If the graffiti consists of any one of the following

categories, the Public Safety Department shall be notified and

removal postponed until their investigation is complete:

• repetitive instances or persistent patterns

• a high degree of visibility

• victim is identified

• perpetrator is identified

• inciting to violence

• targeted to particular group(s) or includes threats or

intimidation

Examples: swastikas, epithets in public places or on personal

property, hate graffiti clearly aimed at individuals by naming

them, being placed on their belongings, etc.

The only graffiti that can be immediately removed is that which

does not suggest any of the above. Examples: small graffiti in

bathrooms and other public places which is general and vague.

It is imperative to report graffiti to the appropriate person(s).

Graffiti that involves Public Safety shall be removed

immediately after the investigation is complete, maintaining

records of all materials and time required to do so.
124 Protecting Students from Harassment and Hate Crime

B: Checklists
Appendix B: Checklists & Protocols 125

B: Checklists

Conflict Intervention Teams

A Response to School Crises

SUMMARY

In school year 1992-1993, two urban high schools in the

greater Boston area were closed down for several days in the

aftermath of racial riots among their students. In each

instance, Massachusetts Attorney General Scott Harshbarger’s

office organized and oversaw a team of experienced mediators

who entered the school and worked quietly behind the scenes

to resolve the conflicts that had precipitated the crisis, thus

helping the schools to reopen safely. The success of these

mediation interventions led to the formal creation of what is

now known as the Conflict Intervention Team (CIT). CIT has

provided emergency mediation services to 23 Massachusetts

schools that were in or on the verge of a crisis.

DESCRIPTION

The Conflict Intervention Team, established in 1992, is a

program sponsored by the Massachusetts Office of the

Attorney General (OAG) in collaboration with the Massachusetts Association of Mediation Programs and Practitioners

(MAMPP) and the Massachusetts Department of Education

(DOE). The mission of CIT is to provide emergency mediation

services to schools to restore a sense of calm and safety in

the aftermath of, or in anticipation of, large-scale conflict

resulting from racial tensions.

When a school perceives the threat of violence, it is encouraged to call the Attorney General’s office for assistance. If the

situation is determined to be serious, the office will arrange a

meeting at the school to assess the situation, recommend a

course of action, and begin to implement the strategic plan for

mediation intervention. Often the plan involves several days of

intense interviews with students, small and large group

mediation sessions and facilitated discussions among all

involved in the conflict. To carry out the plan, the CIT

assembles a team of experienced community mediators.

Often, after an Intervention, the CIT will write a detailed report

for the school which outlines, from the perspective of the

students and staff who talked with the CIT, the causes of the

conflicts and recommendations for changes that would

prevent further outbreaks.

GOALS

There are three main goals of CIT:

1. To use mediation as a constructive and respectful forum for

discussing and resolving racial disputes and other disputes

involving intolerance of differences.

2. To educate school systems and law enforcement officials

that CIT is available to help restore calm and a safe environment in the aftermath of severe outbreaks of violence.

3. To train experienced adult and student mediators, from every

region of Massachusetts, to respond to school emergencies.

PROTOCOLS FOR CIT

The Attorney General’s office and its partners at MAMPP and

the DOE have developed a set of protocols which guide the

operation of CIT. The protocols outline the roles and responsibilities of each agency and the roles and responsibilities of onsite CIT supervisors and mediators. The protocols also provide

an overview of the objectives for each stage of an Intervention:

assessment; planning; implementation; and follow-up.

Fifteen hours of advanced mediation training is required of all

mediators who participate on CIT; an additional seven hours of

training is required for mediators who supervise and lead the

actual Interventions.

BENEFITS AND RESULTS

Since its inception, the Conflict Intervention Team has

responded to requests for assistance from 23 schools. In each

instance, the CIT, under the auspices of the Attorney General’s

office, has succeeded in resolving the conflicts that had

precipitated the crisis and has helped to restore a sense of

calm and safety to the school. A total of 108 mediations has

been conducted during these Interventions, with 106 resulting

in agreement (see attached statistics). Whenever possible, the

CIT follows up the short-term Intervention by assisting

schools with the development of peer mediation programs to

deal with conflict over the long term. (The Attorney General’s

office has offered funds for a SCORE (Student Conflict

Resolution Experts) program on five occasions.)

The use of mediation has proven a very effective method for

intervening in large-scale conflict resulting from racial tension.

When students are very angry and frustrated, they need a safe

and constructive forum for airing their feelings and concerns.

Without such an outlet, further conflict and, perhaps, violence

are almost guaranteed. Once the students have had the

opportunity to air their feelings and to feel that their issues

have been heard, they are able to talk with one another and to

work with mediators to recommend ways to improve the

general climate of their school.

REPLICABILITY

The model for CIT is based on a unique and effective partnership among the OAG, MAMPP and DOE. Each agency has a

role to play in making CIT work: in providing oversight, in

educating people about its availability, in providing experienced

mediators to make up the teams.

In 1994, Attorney General Harshbarger’s office received the

Ford Foundation’s Innovations in State and Local Government

Award for its SCORE and CIT programs. With the money

received as a result of this award, staff from the OAG and

MAMPP worked with the North Carolina Attorney General’s

office and the North Carolina state association of mediators to

set up a Conflict Intervention Team in that state. A team of 30

mediators in North Carolina was trained to become members

of their CIT, and representatives from the North Carolina AG’s

office and department of education attended the training.
126 Protecting Students from Harassment and Hate Crime

B: Checklists

The Massachusetts Conflict Intervention Team recently received

a 3-year grant from the Hewlett Foundation. One of the

mandates of the grant award is to replicate CIT in three to six

additional states. The OAG, MAMPP and DOE have all the

operational and training materials and trainers to assist other

states that are interested in creating an emergency response

team of mediators like the Massachusetts Conflict Intervention

Team.

Conflict Intervention Teams—

Intervention Highlights

URBAN HIGH SCHOOL

In May 1993, two staff from the Attorney General’s office

organized and supervised a team of 22 DOE, MAMPP and

community mediators to offer mediation services to the

students and staff at this high school in the wake of a melee

that occurred at the school between approximately 100 white

and black students. The mediators acted as a sounding board

for students who were upset by the events and also mediated

student-student conflicts as they were identified. Eighty-five

students had one-on-one private discussions with mediators

during the 10 days that the mediators were present in the

school. Ten formal mediation sessions were conducted, and all

of them resulted in agreements. General areas of concern

raised by the students were passed on to the administration

for further action or consideration. At the end of this intense

intervention, it was the consensus of those involved that, while

the most immediate sources of tension had been alleviated,

the situation remained volatile. It was felt that the safest

course of action would be to leave some mediation capacity at

the school for the remainder of the school year.

SUBURBAN HIGH SCHOOL

In October 1994, CIT was called in by the principal in response

to recent racial tensions between African-American and white

students resulting from a series of incidents that took place at

a party on a Friday night. Staff from the OAG and MAMPP

coordinated the four-day intervention. Twenty-four community

mediators, including four students from the SCORE program

at Boston English High School, volunteered their time to work

with students at this suburban high school. A total of 44 intake

interviews took place in an effort to sort out what happened

and to determine who needed to come to mediation. As a

result of these intakes, 13 mediations took place involving 38

students, some of whom participated in more than one

mediation. A large group mediation involving the 10 key

students resulted in joint recommendations to the administration. A written report with recommendations was sent to

school officials.

URBAN MIDDLE SCHOOL

In February 1996, a CIT was called into this school in response

to a conflict among 21 eighth-grade boys divided along racial

and friendship lines. Each group complained of name-calling,

bullying and disrespect by the other group. One student and

five adult mediators participated in the Intervention. A total of

21 individual intakes was conducted resulting in six 2-party

mediations. The final mediation, involving all 21 boys, lasted

four hours and resulted in an agreement to treat each other

with respect and to coexist peacefully.

SUBURBAN MIDDLE SCHOOL

This five-day middle school conflict intervention was coordinated by MAMPP and OAG staff in April 1995. The CIT was

called into this school by the principal after a series of

incidents between white and black students escalated into a

large group fight. Several students were suspended from

school, and a few received minor injuries. The CIT team

comprised two coordinators and 15 mediators, including six

student mediators (four student mediators from Brighton High

School and two student mediators from Boston English High

School). Over the course of the five-day intervention, two

parent intakes and 37 student intakes were conducted. A total

of 12 mediations was held (nine two-party mediations, two

multi-party mediations and one large group mediation), with

all but one reaching agreement.

RURAL JUNIOR/SENIOR HIGH SCHOOL

In April 1995, the Conflict Intervention Team was called into

this school following a three-week period of escalating

harassment between a group of white girls and a group of

Puerto Rican girls. The school is situated in a small rural town

in Massachusetts. Out of 400 students in grades 7-12, there

are only 10 students of color. This five-day intervention was

coordinated by the OAG with the assistance of one community

mediator. Eight intakes were done, resulting in four 2-party

mediations and one large group mediation, all of which were

successful. The conflict was racially based and reflected a lack

of tolerance for cultural differences.

URBAN HIGH SCHOOL

In October 1996, the OAG received a call from the Superintendent of Schools requesting assistance at this school in

response to reports of serious racial tensions between white

and Hispanic students. A small group of students had brought

their concerns to the Superintendent, stating that there were

strong rumors that weapons would be brought into the school

the next day to deal with a small group of white students who

were allegedly making racial slurs. The Superintendent

arranged for extra police presence and called for CIT assistance. The four-day Intervention was coordinated by two staff

from the OAG with assistance from 10 community mediators.

During the Intervention, intake interviews were conducted with

62 students. With information from the intakes, six two-party

and one five-party mediation were conducted, all resulting in

agreement. On the last day of the Intervention, 18 white,

Hispanic and black students, with the assistance of mediators,

discussed openly their frustrations with one another. Eventually they decided to work together to prepare a set of recommendations to present to the Superintendent. These recommendations were included in the CIT’s written report. Since the

Intervention, the Superintendent has provided funding for a

peer mediation program and diversity training.

____________________________

From a report on the Conflict Intervention Team program by

the Massachusetts Office of the Attorney General.
Appendix B: Checklists & Protocols 127

B: Checklists

Erasing Hate

A Guide to Your Civil Rights in School:

Your Right to Be Free from Discrimination,

Harassment and Hate-Motivated Violence

Scott Harshbarger

Attorney General

Commonwealth of Massachusetts

From the Desk of

Attorney General Scott Harshbarger

Every student has the right to attend school safely,

regardless of their race, color, religion, national origin, ethnic

background, gender, sexual orientation or disability.

Hate-motivated violence, harassment and discrimination may

interfere with a student’s academic performance and physical

and emotional well-being. It may also affect a student’s ability

to enjoy his or her school education.

Teachers and school administrators can play an

enormously important role in ensuring that your civil rights are

protected so that you and other students can take full advantage

of the numerous educational opportunities offered by the

Commonwealth’s public schools. If your civil rights are being

violated, however, this guide can serve as a source of

information about the laws protecting you and the resources

available for reporting hate-motivated harassment,

discrimination or violence.

For the sake of all students, as well as the larger

community, each of us must make sure that every student has

a safe physical and emotional environment in which to learn.

HATE CRIMES

You have the right to attend school without being the victim of

physical violence, threats of harm, intimidation or damage to

your personal property. A hate crime occurs when you or a

fellow student is targeted for physical assault, threat of bodily

harm or intimidation, at least in part because you are a

member of a different race, color, religion, ethnic background,

national origin, gender or sexual orientation from the offender

or because you have a disability.

Certain types of language or conduct may indicate the

potential that a hate crime has occurred. Some indicators that

a crime was hate-motivated include:

• Use of racial, ethnic, religious, sexual or anti-gay slurs;

• Use of symbols of hate, such as a swastika or a burning

cross;

• Similar behavior by the wrongdoer towards other students

from the same racial, ethnic or religious group or against

students of the same sexual orientation or gender; and

• Where the incident occurs while the victim was participating

in an activity promoting a racial, religious, ethnic/national

origin, disability, gender or sexual orientation group, such as a

meeting of the National Association for the Advancement of

Colored People (NAACP), membership in a students’ gay

rights alliance or in a disability rights demonstration.

Hate crimes most frequently occur in the following ways:

• A physical attack or a threat of bodily harm, on the basis of

a student’s race, color, religion, national origin, ethnic

background, gender, sexual orientation or disability;

• Intimidating or threatening language based on a student’s

race, color, religion, national origin, ethnic background,

gender, sexual orientation or disability; or

• Damage to a student’s personal property or belongings

because of the student’s race, color, religion, national origin,

ethnic background, gender, sexual orientation or disability.

HARASSMENT

Harassment in school occurs when a student or adult’s

behavior or inappropriate language creates a hostile, offensive

or intimidating school environment. A single incident,

depending on its severity, may constitute illegal harassment.

A hostile, offensive or intimidating school environment may be

created by behaviors such as the following:

• Degrading, demeaning, insulting or abusive verbal statements or writings of a sexual or racial nature or related to a

student’s race, color, religion, national origin, ethnic background, gender, sexual orientation or disability;

• Graffiti, slogans or other visual displays (such as swastikas

and burning crosses) which contain racial, ethnic, religious
128 Protecting Students from Harassment and Hate Crime

B: Checklists

slurs or insults based on the student’s gender, sexual

orientation or disability;

• Treatment of a student in a more or less favorable way

because the student submitted to or rejected sexual advances

or requests for a social relationship; and

• Unwelcome sexual advances, including same-gender

harassment.

DISCRIMINATION

Every student is entitled to equal educational opportunities. A

student may not be subjected to discipline or more severe

punishment for wrongdoing nor denied the same rights as

other students because of his or her race, color, religion,

national origin, ethnic background, gender, sexual orientation

or disability, including in:

• Course Registration

• Guidance Counseling and Course Instruction

• Extra-Curricular Activities and Athletic Programs

Students with disabilities are protected under federal and state

law from discrimination. Such students are entitled to: (1)

have their programs and activities in a physically accessible

location; (2) be ensured “effective communication,” including,

where necessary, the provision of additional aids and services;

and (3) reasonable modification of a school’s policies and

practices, where necessary, to receive an equal opportunity

education. Students with special educational needs may be

entitled to an individualized educational program.

WHAT YOU SHOULD DO IF YOU

ARE A VICTIM OF A HATE CRIME,

HARASSMENT OR DISCRIMINATION

If you have been physically attacked, threatened with physical

harm or discriminated against while in school or while

participating in a school-related activity, because of your race,

color, religion, national origin, ethnic background, gender,

sexual orientation or disability, or if you witness these acts

against another student:

• Notify your local police in an emergency or if your or

another student’s personal safety is in danger.

• In all circumstances where you are the subject of any

serious incident of harassment or any incident involving

intimidation, threat of violence or physical attack, you should

notify a school official.

• For non-serious forms of harassment or discrimination

only, you may want to try to speak with the person you feel

has harassed you or discriminated against you -- for example,

the teacher, coach, other student or administrator -- to

request that the offensive conduct stop. Only do this if you feel

safe and are comfortable doing so. If you do not feel safe or

comfortable doing this alone, ask someone you trust -- such

as a parent, a good friend, a family member, the school nurse,

a teacher or your guidance counselor -- to accompany you.

• Talk about the situation with your parents, your guardian or

another adult whom you trust.

• If there is still a problem, make an appointment with your

school principal to explain why you believe your rights have

been violated.

• If your principal feels that your rights are not being violated,

or if you are unable to meet with him or her, talk with your

school superintendent.

• If you still feel that your concerns are not being appropriately addressed, you may file a formal complaint with your

school superintendent and the school committee. Your school

committee must respond to you in writing within 30 days of

your filing a complaint.

• You may also request an investigation of your complaint by

contacting your school district’s Office of Equity or the person

designated to coordinate or handle harassment and discrimination complaints in your school district.

WHERE ELSE CAN YOU TURN FOR HELP

Your school should take appropriate action to protect you

from physical harm and to stop hate-motivated harassment or

intimidation and prevent it from happening again. If it does

not, you should report the incident to one or more of the

agencies listed below.

• Massachusetts Department of Education (DOE)

350 Main Street

Malden, MA 02148

(617) 388-3300

The state DOE’s Problem Resolution System allows you, your

parents and others to file a complaint if you believe you have

been harassed or discriminated against.

• Massachusetts Office of the Attorney General, Civil Rights

Division

One Ashburton Place

Boston, MA 02108

(617) 727-2200

The Attorney General’s Civil Rights Division reviews complaints

of harassment, intimidation and discrimination in schools and

determines appropriate legal action, including obtaining a

restraining order.

• United States Department of Education, Office for Civil

Rights

John W. McCormack Building

Post Office and Court House, Room 222

Boston, MA 02109

(617) 223-9662

The Office for Civil Rights receives and investigates complaints

of discrimination and harassment.
Appendix B: Checklists & Protocols 129

B: Checklists

• Massachusetts Commission Against Discrimination (MCAD)

One Ashburton Place

Boston, MA 02108

(617) 727-3990 or (413) 739-2145

The MCAD investigates complaints about discrimination in any

public school program or course of study. Filing must occur

within 6 months of the alleged unfair educational practice or

harassment incident.

• Massachusetts Department of Social Services (DSS)

1-800-KIDS-508: State-wide Child Abuse/Neglect Reporting

Line; 800-792-5200: Child at Risk Hotline/evenings, nights

and weekends

DSS investigates reports involving a student under 18 years

old who suffers physical or emotional injury from abuse

(including sexual abuse) or severe neglect (including malnutrition).

• United States Department of Justice

Community Relations Service (CRS)

99 Summer Street, Suite 1820

Boston, MA 02110

(617) 424-5715

CRS is a specialized federal conciliation service that assists

school districts to manage and prevent school racial and

ethnic conflicts and disruptions.

OTHER RESOURCES

• American Civil Liberties Union (ACLU) of Massachusetts

(617) 482-3170

The ACLU provides free legal advice and advocacy to students

and educates students on issues of discrimination, harassment, civil rights and civil liberties.

• Anti-Defamation League (ADL)

(617) 457-8800

The ADL provides advocacy, support and legal referral

services to victims of hate crimes, harassment and discrimination. The ADL’s “World of Difference” Program works with

schools to fight anti-Semitism, prejudice, bigotry and racism.

• Asian American Resource Workshop: SafetyNet Hate

Violence Prevention Project

(617) 542-4800

SafetyNet assists Asian Americans in reporting hate crimes

and obtaining access to police, prosecutors and to the court

system and provides free and confidential support and referral

services. Interpretive services are available.

• Boston Alliance of Gay & Lesbian Youth (BAGLY)

1-800-42-BAGLY

BAGLY is a youth-run, adult-advised social support group to

discuss issues of concern to gay, lesbian, bisexual and

transgender (GLBT) youth. BAGLY also offers a peer

counseling program and referrals to professional services.

• Boston Asian: Youth Essential Services (YES)

(617) 482-4243

Boston Asian YES provides violence prevention, counseling,

crisis intervention, gang prevention and substance abuse

services for Asian youth in the Greater Boston area.

• Boston Gay and Lesbian Adolescent Social Services

(GLASS)

(617) 266-3349

Boston GLASS provides social services, peer support,

educational opportunities and health promotion activities for

GLBT and questioning young adults ages 25 and under.

• Childhelp USA National Child Abuse Hotline

1-800-4-A-CHILD

The Child Abuse Hotline provides crisis counseling and referral

to any caller in an abuse-related situation.

• Children’s Law Center of Massachusetts

(781) 581-1977

The Children’s Law Center represents students and provides

advocacy and training on issues affecting the civil and legal

rights of students and their education.

• Coalition for Asian Pacific American Youth (CAPAY)

(617) 287-5689

CAPAY is a youth-run organization that focuses on improving

race relations, providing peer support and developing

leadership skills for Asian Pacific-American youth.

• Domestic Violence Ended (DOVE) Youth Hotline

(617) 773-HURT or (617) 471-1235

DOVE’s Youth Hotline provides a safe, confidential and

anonymous place for young adults to talk about domestic

violence issues and receive support and referral services.

• Fenway Community Health Center

(617) 267-2535 (Gay and Lesbian Peer Listening Line)

(617) 267-0900, ext. 308 (Violence Recovery Program)

The Peer Listening Line is staffed by volunteers who provide

support to callers with questions regarding their sexual

orientation and access to community services. The Violence

Recovery Program provides support and referral services to

victims of hate crimes and harassment.

• Gang Peace

(617) 442-1919

Gang Peace provides peer-based education and training to

youth ages 9 through 25, with an emphasis on rehabilitating

gang members and youth at risk, providing programs in

violence prevention and intervention, crisis management,

mediation and HIV education.

• Gay & Lesbian Advocates & Defenders (GLAD)

1-800-455-GLAD or (617) 426-1350

GLAD provides legal information, referrals and may provide

direct legal representation to students and their families to

assist students who have been harassed or discriminated

against on the basis of sexual orientation and/or HIV status.

• Governor’s Commission on Gay and Lesbian Youth

(617) 727-7200, ext. 312

The Commission provides information on their reports, how to

start a Gay/Straight Alliance (GSA) and how to find out about

existing GSAs and other GLBT support services.
130 Protecting Students from Harassment and Hate Crime

B: Checklists

• Governor’s Task Force on Hate Crimes

(617) 727-6300

The Task Force provides assistance and referrals for civil

rights issues in schools.

• La Alianza Hispana - Youth Outreach Program

(617) 427-7175

La Alianza Hispana provides programs and services to the

Latino community of Greater Boston, including intervention

and referral services to victims of violence and harassment.

• Lawyers’ Committee for Civil Rights Project to Combat

Racial Hate

(617) 482-1145

The Lawyers’ Committee provides free legal services to

children and their families who have been harassed or

discriminated against on the basis of race or national origin.

• Massachusetts Advocacy Center

(617) 357-8431

The Advocacy Center provides legal representation to incomeeligible youth with special needs or disabilities and who face

suspension or expulsion from school due to disciplinary

concerns.

• Massachusetts Office on Disability (MOD)

1-800-322-2020 or (617) 727-7440 (Voice and TDD)

MOD sponsors recreational and educational programs for

youth with disabilities to share concerns about day-to-day

issues and coping strategies, independence and self-care.

• National Association for the Advancement of Colored

People (NAACP)

Boston (617) 265-7900 New Bedford (508) 991-4416

Springfield (413) 734-2765 Framingham (508)879-7612

Lawrence (978) 975-5177 Cambridge (617) 661-9223

The NAACP provides counseling and legal referral services to

African-American youth and empowers youth to resolve

problems relating to violence, harassment and discrimination.

• National Coalition of Advocates for Students (NCAS)

(617) 357-8507

NCAS seeks equal access to quality public education for

children of vulnerable groups, including children of color,

children recently immigrated to the United States and children

with disabilities.

• National Conference for Community and Justice

(617) 227-9155

The National Conference trains youth from diverse racial,

ethnic and religious groups to develop leadership skills to

address prejudice and intolerance and develop strategies for

inclusion.

• Samariteens

1-800-252-TEEN

Samariteens provides a free and confidential service staffed by

teenage volunteers dedicated to assisting teenagers in need

and also provides suicide prevention and intervention

strategies.

• Sociedad Latina

(617) 442-4299

Sociedad Latina offers treatment and counseling services to

Latino youth and programs designed to prevent HIV/AIDS

transmission, substance abuse, teen pregnancy and domestic

violence.

• Urban League

Eastern Massachusetts Office - (617) 442-4519

Springfield Office - (413) 739-7211

The Urban League provides services and advocacy programs

relating to education for people of color, with a focus on poor

and low income urban areas.