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Elk Grove USD  |  AR  5145.9  Students

Protecting Students From Hate-Motivated Behavior   

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The Elk Grove Unified School District is committed to providing a safe learning environment that protects students from hate-motivated behavior.

The California Department of Education defines hate-motivated behavior as any act, or attempted act intended to cause emotional suffering, physical injury, or property damage through intimidation, harassment, bigoted slurs or epithets, force or threat of force, or vandalism motivated in part or in whole by bias or hostility toward another person's real or perceived disability, ethnicity, gender, gender expression, gender identity, immigration status, language, nationality, parental status, race, religion, sexual orientation, socioeconomic status or association with a person or group with one or more of these actual or perceived characteristics, or any other physical or cultural characteristic.

Gender identity is defined as a person's identity, expression, or physical characteristics regardless of whether those characteristics are traditionally associated with one's assigned biological sex at birth. Gender identity refers to the gender the individual experiences.

(cf. 5145.3 - Nondiscrimination/Harassment/Intimidation/Bullying)

Gender expression refers to the ways in which people externally communicate their gender identity to others through behavior, clothing, hairstyle, voice and other forms of presentation.

(cf. 5145.3 - Nondiscrimination/Harassment/Intimidation/Bullying)

Hate-motivated behavior may include criminal or non-criminal behaviors. The District retains authority to investigate and assess discipline, in accordance with law and policy, for those acts that do not constitute a criminal act, but otherwise constitute hate-motivated behavior in violation of the code of student conduct. However, when local law enforcement determines that an act is criminal in nature and motivated by hate, they become hate crimes. The crimes may include the following:

1. Destruction or defacing (public or private) property;

2. Threats of violence;

3. Unusual violent assaults by groups or individuals which appear to be random;

4. Certain kinds of vandalism;

5. Unlawful use of telephones, internet and social media, or mail for harassment;

6. Bomb threats or explosions; and

7. Vandalism or destruction of religious symbols or images.

Non-criminal hate-motivated behaviors include, but are not limited to, the following:

1. Posting or circulating demeaning jokes, leaflets, or caricatures;

2. Defacing, removing or destroying posted materials or announcements;

3. Distributing or posting hate-group literature or posters; and

4. Using bigoted insults, taunts, slurs, threats, harassment, and intimidation and bullying.

The District recognizes that hate in its most extreme forms has roots in biased attitudes and behaviors. These biased attitudes may include stereotyping, insensitive remarks, non-inclusive language, fear of differences, and microaggressions. These attitudes can lead to acts of bias such as bullying, ridicule, name-calling, use of slurs or epithets, belittling jokes, and social avoidance. Such acts of bias can then lead to more explicit forms of discrimination, threats, or violence. Hate-motivated behaviors at any level will not be accepted or normalized.

Prevention

Throughout the system, it is the responsibility of all employees to ensure that established District standards of behavior are followed. Standards of behavior should promote respect for all people and oneself. School personnel must demonstrate to students, employees, and community members that each person is valued, as are all cultural differences brought from home to school.

The process of preventing hate-motivated behavior shall consist of the following steps:

1. Specify the rules of conduct in documents, speeches, and orientation sessions that are held at the beginning of each school year or term. Include the District and school policies concerning unacceptable behavior, the procedures for reporting hate-motivated behavior, and the consequences for those who commit and hate-motivated behavior.

2. The District shall [A1]review annually incident and crime reports at both the site and district levels.

3. The District shall conduct, at least annually, a school/district climate assessment. The District shall analyze the data resulting from the climate assessment to for purposes of considering ways to improve programs and ultimately the learning experiences of all students.

4. The District shall provide periodic [A2]staff training on bullying prevention designed to help staff members to respond immediately and appropriately to hate-motivated incidents, accurately report hate-motivated incidents, and provide needed assistance for the victim and the offender.

5. The District shall provide for periodic [A3]teacher and administrator in-service training programs designed to: (a) promote an appreciation of diversity; (b) discourage the development of discriminatory attitudes and practices which prevent pupils from achieving their full potential; and (c) encourage and implement programs and resources designed to enable teachers and administrators to prevent and respond to acts of hate violence occurring on their school campuses.

6. The District shall develop and implement guidelines designed to raise the awareness and sensitivity of teachers, administrators, and school employees to potentially prejudicial and discriminatory behavior and to encourage the participation of these groups in these programs. Once adopted, the District shall conduct review of such guidelines on a periodic basis for revisions, refinement, and improvement.

7. The District shall develop guidelines relating to the development of nondiscriminatory instructional and counseling methods and have procedures for preventing and responding to acts of hate violence. Once adopted, the District shall conduct review of such guidelines on a periodic basis for revisions, refinement, and improvement.

8. The principal of each school, in a collaborative effort with staff, students, and parents shall [A4]develop effective measures within the school's PBIS framework to eliminate hate crimes and bias-motivated incidents and to educate students, staff, and parents in cultural understanding and in promoting harmony among individuals of diverse racial, ethnic, cultural, and socio-economic backgrounds. The school's program should include information regarding what qualifies as a hate crime or bias-motivated behavior and the importance of reporting incidents when they occur, consistent with district guidance on such matters. School-wide activities to heighten awareness may include but are not limited to bullying prevention education, social emotional learning, assemblies, student forums, newsletters, bulletins, student newspaper articles, peer counseling, conflict resolution, classroom activities, and PTA or other parent-group presentations.

9. Each teacher shall create and foster an environment that encourages pupils to realize their full potential and that is free from discriminatory attitudes, practices, events, or activities, in order to prevent acts of hate-motivated behavior

10. The District shall involve community partners, such as government agencies, law enforcement, community counseling and other concerned community agencies and individuals as resources in the development, implementation, and monitoring of prevention plans.

Intervention

In all cases of hate-motivated behavior, intervention by appropriate school site administrators and staff must be immediate, follow a standard set of procedures[A5]:

1. Stop the behavior and address the problem

2. Provide victims of hate-motivated behavior or crime with support and assistance

3. Take photographs of graffiti and remove it as soon as possible

4. Consult with law enforcement to determine if hate motivated behavior is criminal

5. Proceed with appropriate disciplinary action

6. In the case of students, inform the victim's and perpetrator's parents/guardian

7. As appropriate, provide staff response to reports of hate motivated behavior

8. Work with Communications Department on media relations

9. As appropriate work with district to provide additional crisis support

10. When appropriate Implement follow-up activities with students, staff, and community.

11. Work with students, staff and families to restore campus harmony

12. Report in writing all hate motivated behavior on the districts Hate Motivated Incident Report

* Site administration will communicate with the victim and family regarding results of the investigation and resulting interventions

Complaints

Any complaint of hate motivated behavior shall be investigated and, if determined to be discriminatory, resolved in accordance with law and the District's uniform complaint procedures specified in AR 1312.3. If, during the investigation, it is determined that a complaint is not hate motivated, the principal or designee shall inform the complainant and shall take all necessary actions to resolve the complaint.

(cf. 1312.3 - Uniform Complaint Procedures)

Notifications

A copy of the District's hate-motivated behavior policy and regulation shall:

1. Be summarized in the notifications that are sent to parents/guardians at the beginning of each school year (Education Code 48980; 5 CCR 4917)

2. Appear in any school or District publication that sets forth the school's or District's comprehensive rules, regulations, procedures, and standards of conduct (Education Code 231.5)

3. Be summarized in the student handbook issued to all students at the beginning of each school year or date of enrollment

The Superintendent or designee shall inform the Board of Education and the public regarding the number of reported hate-motivated behavior reports for the prior reporting period, with total number of reported cases by site.

Regulation ELK GROVE UNIFIED SCHOOL DISTRICT

approved: February 3, 2020 Elk Grove, California