Degrading & Inflammatory Statements/Behavior - Overview (AR 5114.1)
To ensure that district staff, students, and visitors are not subject to hazing, degrading, abusive, or inflammatory statements or behavior, implementation and enforcement of Board Policy 5114.1 shall include the following activities:
Degrading & Inflammatory Statements/Behavior
The governing board of the Fremont Unified School District affirms as its policy that all students, staff, and parents/guardians have the right to be free from hate crimes, hazing, degrading and inflammatory statements, or any activity which degrades the qualities of an individual. In accordance with this policy, the school district will not tolerate discrimination in any form, nor will it tolerate behavior by students or staff which harasses, insults, degrades, or stereotypes any person on the basis of race color, national origin, ethnicity, religion, marital status, age, gender, disability, or sexual orientation. Hate violence constitutes a violation of the California Education Code. Sections 200, 202, 48900.3, and 48900.4. Hate crimes may constitute just cause for disciplinary action against pupils committing such an offense.
Hazing includes any method of initiation or pre-initiation into a student organization or student body or any pastime or amusement engaged in with respect to these organizations which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm, to any pupil or other person attending any school, community college, college, university, or other educational institution in this state. The term 'hazing' does not include customary athletic events or other similar contests or competitions. (32050)
Hate crimes include but are not limited to burning crosses, explosives or bomb threats, destruction or defacing of property, unusually violent assault by groups or individuals which appear random, certain kinds of vandalism, unlawful use of the telephone (for harassment). Hate crimes are defined as using force or threat of force, willingly injuring or intimidating another person, interfering with the exercise of a person's civil rights, or damaging a person's property because of the person's race, color, religion, ancestry, national origin, disability, gender, or sexual orientation. (48900.3)
The board recognizes that hate motivated statements, threats, physical assaults, or damage to property are inflammatory to those victimized by such acts and jeopardizes the safety and well-being of students and staff. Inflammatory is defined as: language or behavior which excites, makes more heated or violent, the behavior of another. The board authorizes the Superintendent or the staff to discipline students involved in degrading, inflammatory statements, or hate crimes including suspension or recommendation for expulsion for grades 4-12. (See C.E.C. 48900.3, BP/AR 0202).
Nothing in this policy shall be interpreted to prevent students from expressing their views which are not degrading or inflammatory. (See BP 5138 and BP 6144.)
Director of Pupil Personnel Services
The district's policy on hazing, degrading and inflammatory statements/behavior as it pertains to pupils shall be included in the annual notification to parents, along with the specific rules and procedures for reporting allegations of hazing, degrading and inflammatory statements/behavior. See BP 5114.10 for notification policy.
Complaint Process and Informal Site Investigation Procedures
Any student, preschool to adult, who feels that he/she has been the victim of hazing, degrading or inflammatory statements/behavior, should report this violation of Board Policy to any staff member. The complaint process in BP 5114.10 should be followed for complaints.
If the complainant is dissatisfied with the resolution of the situation, the principal or designee shall give the student a copy of Board Policy 1312.3, Uniform Complaint Procedures, and instructions on how to initiate a formal complaint or file a complaint with the Office of Civil Rights.
Procedures to be followed for initiating such an appeal, including appropriate civil law remedies, may be obtained from the Superintendent's office.
California Education Code
200, 201, 32050, 48900.3, 48900.4, 35291, 48915, 48980, 48984
California Penal Code
FUSD Board Policies
0201 - Philosophy and Goals: Discrimination and Harassment