KNOW YOUR RIGHTS:
Bias-related School
Harassment and Violence
By Angela Chan
Staff Attorney, Juvenile Justice and Education Project
What is bias-related harassment?
o Hateful or biased behavior is motivated in
part or in whole by hostility toward a person’s
real or perceived race, nationality, religion,
disability, gender,or sexual orientation.
o Hate or bias-related bullying causes
emotional suffering, physical injury, or
property damage through intimidation,
unequal treatment, exclusion, harassment,
bigoted slurs or epithets, force or threat of
force, or vandalism.
1. CA Education Code sections 200, 220, 233, and 48900.3 describe policies and intent specific to hatemotivated violence. CA Penal Code sections 422.6, 422.7, 422.75, 422.8, 422.9, 422.95, and 628 define what
constitutes hate-motivated crimes.
Why are we concerned about
bias-related school harassment?
o Equal access to education is more than about
the quality of academic instruction that is
offered in the classroom.
o Equal access to education also requires an
environment that supports learning.
o It is difficult, if not impossible, for students to
reach their full potential if they fear for their
safety.
o
The long-term effects of bullying,
cruelty, bias, and hate-motivated
behavior impact student success—both
for the victims and for the
It’s Against the Law To
Harass and Discriminate!
Federal Law



Title VI of the Civil Rights Act of
1964 prohibits discrimination on the basis of race,
color, and national origin (including language
discrimination) in programs and activities receiving
federal financial assistance.
Title IX of the Education Amendment of
1972 prohibits discrimination based on
sex in any education program or
activity receiving financial
assistance.
Section 504 of the Rehabilitation Act
and Title II of the Americans with
Disabilities Act (ADA) prohibits
discrimination on the basis of
disability in any programs and activities
California Law
 Ca Ed Code Sec 200 et seq:
prohibits
discrimination in public schools based
on sex, ethnic group identification,
race, national origin, religion, mental
or physical disability.
 CA Ed Code Sec 32280 et seq: requires
each school to develop and implement a
School Safety Plan
<www.cde.ca.gov/spbranch/safety/> as a
part of its overall local education
plan and to revisit the plan annually
and amend it as needed.
 AB 394 (Levine): CA Department of
Education monitors school districts for
their compliance with nondiscrimination
requirements (adopting policy,
publicizing, maintaining records of
complaints). DOE will post resources
California Law Continued . .
 CA PENAL CODE SEC 422.6 et seq. (Hate Crime
Law):
prohibits hate crimes on the basis of "race, color, religion, ancestry,
national origin, disability, gender, or sexual orientation," including the
perception of any of these characteristics.
 RALPH AND BANE CIVIL RIGHTS ACTS (Cal. Civ. Code §§
51.7 and 52) provides that all persons within the jurisdiction of
this state have the right to be free from any violence, or intimidation by
threat of violence, committed against their persons or property because
of their race, color, religion, ancestry, national origin, political
affiliation, sexual orientation, sex, age, disability or position in a labor
dispute.
 UNRUH ACT (Cal. Civ. Code § 51) provides for the right to be free
from discrimination in public accommodations regardless of sex, race,
color, religion, ancestry, national origin, sexual orientation or source of
income.
School districts ARE business establishments for purposes of the
Unruh Civil Rights Act. Sullivan v. Vallejo City Unified Scho.
Dist., 731 F.Supp. 947, 952 (E.D. Cal. 1990).
Local Law: County and City
o Many cities and counties also
have local provisions
outlawing bias-related
harassment and violence in
public facilities.
o Can lose funding if
institution discriminates or
allows discrimination.
How do the laws work?
There are 2 theories for a discrimination complaint:
(1) Different Treatment by Agents or Employees:
4 Factors:
A.
Did an agent or employee of a
recipient treat someone differently
in a way that interfered with or
limited the ability of a student to
participate in or benefit from a
program or activity of the
recipient?
B.
Did the different treatment occur
in the course of authorized or
assigned duties or responsibilities
of the agent or employee?
C.
Was the different treatment based
on race, color, or national origin?
D.
Did the context or circumstances of
How do the laws work?
There are 2 theories for a discrimination complaint:
(2) Hostile Environment: 3 Factors:
A.
A racially hostile environment
existed;
B.
The recipient had actual or
constructive notice of the racially
hostile environment;
 Constructive notice is established if
the alleged harasser is an agent or
employee of a recipient acting within
the scope of his or her official duties.
 In the education context, constructive
notice is established if the school
district does not have a policy that
prohibits the conduct of racial
harassment, or does not have an
accessible procedure by which victims of
harassment can make their complaints
known to the appropriate officials.
What do to: If you have been a victim of
any kind of harassment, or violence:
REPORT IT!
STEP 1: File a written complaint with your school.
The complaint should include what,
when, how, and who.
Give the written complaint to your
principal.
Keep a record of when you told the
principal and what actions he or she
took.
What do to: If you have been a victim of
any kind of harassment, or violence:
REPORT IT!
STEP 2:
 If your school failed to respond in a satisfactory manner,
file a complaint with the “compliance officer” in your school
district.
If you are being harassed based on your
race, sexuality, gender, religion, etc.,
file a written Uniform Complaint with your
School District
(http://www.cde.ca.gov/re/cp/uc/)
If you are unsatisfied with a decision made
by your School District, file an appeal
within 15 days to the California Department
of Education.
 Alternatively, you can choose to first file a discrimination
complaint with the U.S. Department of Education, you have to
do so within 180 days of incident. You can file a complaint online at http://www.ed.gov/about/offices/list/ocr/.
What do to: If you have been a victim of
any kind of harassment, or violence:
REPORT IT!
STEP 3:
 File a lawsuit in federal or state court alleging
violations of civil rights laws. You may need to first
try administrative remedies (see above).
Example of a Case:
Monterey School District
o In 2007, a 13-year-old Muslim American student was
repeatedly ordered by a school official to remove her
hijab. The student filed an administrative complaint
with the District alleging religious and national origin
discrimination because students were not allowed to
wear headscarves for religious reasons.
o The case settled: As a result of the settlement, the
district issued a public apology, amended districtwide dresscode policy, held a community educational
forum, and expanded cultural competency training
given to staff.
Who can be a bully?
Students certainly can be bullies. Where?
Bus, classroom, internet, en route to/from
school, playground.
Adults also may also be bullies. How?
In schools some teachers, office staff, bus
drivers, school security personnel, and even
parent volunteers use tactics ranging from
sarcasm to severe bullying as a means of
disciplining students or maintaining power.
Like the student bully, the adult
perpetrator often disregards the hurtfulness
of his/her actions or blames the target for
overreacting or not being able to “take it.”
Adults also overlook bullying when they
condone mistreatment by students who harass
or haze younger students or who use
derogatory language or label groups of
students. Allowing students to engage in
casual cruelty, sexual harassment, hateful
or bias-based behavior gives the perception
that bullying is an acceptable, sanctioned
How big of a problem is bullying?
Nationally
 50% of all hate crimes are committed by young
men under twenty years of age.1
 10% of all hate crimes occur in schools and
colleges.
California
 According to the California Health Kids Survey,
between 27-30% of middle and high school
students have experienced harassment due to
their race, religion, gender, sexual orientation, or
disability.2
1.
Ten Ways to Fight Hate: A Community Response Guide to Hate Crime and Hate Groups. Southern Poverty Law
Center, October 1998 <http://www.tolerance.org/10_ways/index.html>.
2.
California Health Kids Survey, supported by California Department of Education
http://www.wested.org/cs/chks/print/docs/chks_home.html.
How big a problem is bullying?
2002 California Health Kids Survey: 37% of middle
and high school students reported some harassment, and
about three-quarters of these experiences were bias-related.
R
ac
e
or
N
at
io
na
lit
y
Se
xu
al
ity
R
el
ig
io
n
G
en
de
r
D
is
ab
ili
ty
16
14
12
10
8
6
4
2
0
% of Biasrelated
Harassment
Based On:
CONSEQUENCES OF
VICTIMIZATION








Violence and delinquency
Lowered academic performance
Truancy
Drug use
Risky sexual behavior
Depression
Suicide
Withdrawal from family and friends (Isolation)
1 Asian/Pacific Islander Communities: An Agenda for Positive Action, National Council on Crime and Delinquency, 2001.
2 Thao N. Le, “Non-Familial Victimization Among Asian Pacific Islander Youth: The Oakland Experience.” Journal of Ethnicity in
Criminal Justice, Vol. 3(3) 2005.
Challenges to Improving
School Safety:
Language and cultural barriers between
school and parents, school and
students, and students;
Tension and misunderstanding among
students and between students and staff
due to culture, race, gender, or class;
Lack of culturally-specific, genderresponsive tailored programs;
Teachers and administrators relying on
suspension, expulsion, and police
reporting as the first and only
responses to violence and harassment.
Lack of awareness and training on
school policies against harassment and
Thao N. Le, “Non-Familial Victimization Among Asian Pacific Islander Youth: The Oakland Experience.”
violence.
Any more?
Big Picture Approach to
Improving Safety in Schools
 The most effective model is a comprehensive
program using a combination of interventions—
Schoolwide,
Classroom level,
Individual level (students, parents, staff).
 To create a social environment characterized by:
Positive adult involvement;
Firm limits for unacceptable behavior for student
and teachers;
Consistent use of sanctions/programs for rule
violations; and
Develop alternatives to zero-tolerance practices
that address cause of the conflict.
Schoolwide
Prevention/Intervention
 Adopt an anti-harassment policy.
 Implement anonymous complaint system.
 E.g., Safe School Line in SFUSD
 Publicize policy to parents and students
 E.g., By including in handbook, posting around
campus, and making available on website.
 Train staff and students on the policy and how to report a
violation of the policy.
 E.g, in SFUSD, teachers must report any
harassment and bullying within 24 hours to
principal.
 Maintain record of complaints received and the steps taken
by the school/district to investigate and resolve the
complaint.
 Follow up by continuing to track the offender’s progress
and behavior and encourage him/her to become more involved
in positive school activities.
SFUSD Safe School Line
Improve safety in your
school community.
Call this
number to report
incidents
or concerns affecting
the
safety of any student.
Three ways to report:
(1) (415) 241-2141
(2) www.sfusd.edu
(3) e-mail to
safeschool@sfusd.ed
All callers will
remain anonymous
unless
you choose to give us
your
information.
Examples of what you
can report:
∗ threats/intimidation
∗ racial/gender slurs
∗ harassment/bullying
Schoolwide
Prevention/Intervention Cont . .
 Conduct a survey of both staff and students to
determine the prevalence of bullying (see also
CA Health Kids Survey)
 Establish a school-level committee consisting
of teachers, administrators, counselors, other
school staff, school-based mental health
professionals, parents/guardians, and students
to perform the following tasks:
 Evaluate the survey results.
 Develop a coordinated system for supervising
students during break periods, which is when
bullying occurs most frequently at school.
 Develop specific plans for implementing a
program in which different sources convey a
consistent message about the school’s views
and attitude toward bullying.

The committee would also be charged with program
oversight and ongoing coordination of the
school’s efforts to stop bullying behavior at
school.

Classroom
Prevention/Intervention
Embed in class curriculum (e.g, history class) a
critical understanding of race, ethnicity, gender,
sexuality, etc.


See e.g., Anti-defamation League and
Facing History and Ourselves websites
Teach classroom conflict resolution curricula (K12) including skill-building activities for effective
communication and peaceful problem solving.
 Involve students in establishing classroom rules
against bullying.
 Develop a classroom action plan so that students
know what to do when they witness a bullying incident.
Classroom
Prevention/Intervention
 Teach
cooperation by assigning projects that




require cooperation and teamwork.
Take immediate action when bullying is observed or
reported.
Confront bullies in private. Engaging the bully in
front of peers may enhance the bully’s status and
power or lead to further aggression.
Notify parents of both the bully and the target and
try to resolve the problems as soon as possible,
including referrals to counseling and mediation/peer
court when appropriate.
Provide protection for students who may be
targeted by bullies. One measure might include
creating a buddy system to reduce the risk of attack
or ridicule of the targeted student.
Mediation Strategies:
Justice
CREATE SAFERestorative
PLACE TO RESOLVE CONFLICTS
–
This Is the Key!
Peer Mediation Programs: Student conflict mediators
receive training to learn how to help other students
peacefully resolve their differences. Students who need
mediation services either voluntarily seek services or are
referred by teachers or administrators.
Peer Courts and Community Courts: This is an
alternative to the juvenile justice system. Student
volunteers hold hearings about actual incidents that
occur in their school or neighborhood.
Volunteers work with the victim, the offender,
school officials, law enforcement officers and
family members to reach a solution that
everyone can agree to.
If the Respondent completes the contract, then
the case is closed without an arrest or
suspension.
The focus is on putting things right, not on
punishment.





Student
Prevention/Intervention
Avoid
engaging in bullying.
Report bullying incidents you witness at school to
an adult.
Encourage others to report bullying incidents
and help them report if they cannot do it alone.
Support someone who has been hurt by offering
kind words in private (not in public to avoid
escalating).
Show your disappointment in the behavior by not
joining in while someone publicly humiliates, teases,
or harasses another and do not participate in the
gossip or rumors being spread.
Parent Prevention/Intervention
Look for signs of victimization (see earlier list of signs).
Check in with your child as to how they are feeling and doing
in school
Immediately report the problem in writing to the school and
ask them to address a bullying problem (6 month statute of
limitations if bias-related).
Include suggestions in your complaint about how
to resolve the problem: counseling for bullying,
training for staff, separating the students,
mediation.
If the school district does not promptly respond to your
complaint, go to the District and submit a written complaint to
the “compliance officer” who receives “Uniform Complaints.”
Keep accurate records of incidents and be specific about the
child’s experiences when discussing resolution of the problem
with school personnel.
Keep record of all complaints filed.
Review: Two-Prong Strategy for
Success Intervention and
Prevention
INTERVENTION
PREVENTION
Implement and publicize
complaint system.
Train staff on antiharassment policy and
complaint system.
De-escalate conflict when it
happens.
Develop alternatives to
suspension, expulsion, and
criminalization that promote
rehabilitation and
community.
Provide support services for
victim and victim’s family.
Understand root causes of
violence and conflict.
Develop a “Whole
Community Prevention
Plan,” that includes
administrators, teachers,
students, family, and
community.
Establish a shared vision
and goal.
Integrated curriculum with
trained staff.
Develop benchmarks for
success.
Summary
The Problem: Cycle of victimization and
criminalization
Two-Prong Strategy: Intervention and
Prevention.
Discuss Next Steps: Implementation.
Questions? Comments? Contact:
Angela Chan
Staff Attorney
Tel: (415) 848-7719
angelac@asianlawcaucus.org