Degrading & Inflammatory
Statements/Behavior
Student Discipline (BP 5114.1 )
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).
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An incident of
hate-motivated behavior is degrading. Hate-motivated behavior is any act
or attempted act to cause physical injury, emotional suffering, or
property damage through intimidation, harassment, bigoted slurs or
epithets, vandalism, force or threat of force, motivated in part or in
whole by hostility toward the victim’s real or perceived ethnicity,
national origin, immigrant status, religious belief, gender, sexual
orientation, age, disability, political affiliation, or any other
physical or cultural characteristics. (BP/AR 5114.10, BP 5138)
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Hate-motivated behaviors may include but are not
limited to posting or circulating demeaning jokes, leaflets, or caricatures;
defacing, removing or destroying posted materials, announcements, or
memorials, etc.; distributing or posting hate-group literature and/or
posters; using bigoted insults, taunts or slurs.
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.)
Compliance
Officer:
Director of Pupil Personnel
Services
Notification
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.
Appeal
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.
Legal Reference
California Education Code
200, 201, 32050, 48900.3,
48900.4, 35291, 48915, 48980, 48984
California Penal Code
422.6
FUSD Board Policies
0201 - Philosophy and Goals:
Discrimination and Harassment
0202 - Philosophy and Goals: Ethnic/Race Relations
1312 - Community Relations: Complaints Concerning District Personnel
1312.3 - Uniform Complaint Procedures
4119 - Personnel: Sexual Harassment
5114.3 - Suspensions and Expulsions: Due Process
5114.10 - Students: Sexual Harassment
5138 - Student Expression/Student Appropriate Language
6115.1 - Practices for School Holidays, Ceremonies, and Clubs
6144 - Controversial Issues/Student Free Speech Rights |
