7.7 Hate Motivated Behavior

(Board Policy 5145.9)

This Board Policy applies to the San Francisco Unified School District and the County Office of Education.

The Governing Board is committed to providing a respectful, inclusive, and safe learning environment that protects students from discrimination, harassment, intimidation, bullying, and other behavior motivated by hate. Hate-motivated behavior is any behavior 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 towards another person's real or perceived race, color, ancestry, nationality,  national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, reproductive health decision making, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, veteran or military status, or genetic information; or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or association with a person or group with one or more of these actual or perceived characteristics.

The Superintendent or designee shall design strategies to promote harmonious relationships among students, prevent incidents of hate-motivated behavior to the extent possible, and address such incidents if they occur.

The Superintendent or designee shall collaborate with regional programs and community organizations to promote safe environments for youth where diversity is celebrated and hate-motivated behavior is not tolerated. Such collaborative efforts shall focus on ensuring an efficient use of District and community resources, developing effective prevention strategies and response plans, providing assistance to students affected by hate-motivated behavior, and/or educating students who have perpetrated hate-motivated acts.

The District shall provide students with age-appropriate instruction that includes the development of social-emotional learning, promotes their understanding of and respect for human rights, human relations, diversity, and acceptance in a multicultural society, explains the harm and dangers of explicit and implicit biases, discourages discriminatory attitudes and practices, and provides strategies to manage conflicts constructively.

As necessary, the District shall provide counseling, guidance, and support to students who are victims of hate-motivated behavior and to students who exhibit such behavior. When appropriate, students who engage in hate-motivated behavior shall be disciplined.

The Superintendent or designee shall ensure that the rules prohibiting hate-motivated behavior and procedures for reporting a hate-motivated incident are provided to students and parents/guardians. This policy shall be posted in a prominent location on the district's website in a manner that is readily and easily accessible to parents/guardians and students.  (Education Code 234.6)

The Superintendent or designee shall provide staff with training on recognizing and preventing hate-motivated behavior and on effectively enforcing rules for appropriate student conduct. As appropriate, the  training shall:

1. Promotes an understanding of diversity, equity, and inclusion
2. Discourages the development of discriminatory attitudes and practices
3. Includes social-emotional learning and nondiscriminatory instructional and counseling methods
4. Supports the prevention, recognition, and response to hate-motivated behavior
5. Raises the awareness and sensitivity of staff to potentially prejudicial and discriminatory behavior
6. Includes effective enforcement of rules for appropriate student conduct

Employees who engage in hate-motivated behavior shall be subject to disciplinary action, up to and including dismissal.

Complaint Process

A student or parent/guardian who believes the student is a victim of hate-motivated behavior is strongly encouraged to report the incident to a teacher, the principal, the district’s compliance officer, or other staff member.

Any staff member who is notified that hate-motivated behavior has occurred, observes such behavior, or otherwise becomes aware of an incident shall immediately contact the principal or the compliance officer responsible for coordinating the District's response to complaints and complying with state and federal civil rights laws. As appropriate, the staff member shall also contact law enforcement.

Any student who feels that they are a victim of "hate-motivated" behavior shall immediately contact the principal or any trusted staff member with whom the student has a relationship. Reports can be made in writing or verbally and all complaints should be reported to a site administrator. If the student believes that the situation has not been remedied by the principal or designee, the student may file a complaint with the District's Office of Equity in accordance with District Uniform Complaint Procedures (Board Policy 1312.3).

If, during the investigation, it is determined that a complaint is about nondiscriminatory behavior, the principal or designee shall inform the complainant and shall take all necessary actions to resolve the complaint.

Administrative Regulation 5145.9 

This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.

Every student has the right to be protected from "hate-motivated" behavior. The Superintendent shall promote harmonious relationships that enable students to gain a true understanding of the civil rights and social responsibilities of people in our society.  Behavior or statements that degrade an individual on the basis of their race, color, ancestry, nationality,  national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, reproductive health decision making, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, veteran or military status, or genetic information; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics shall not be tolerated and may be considered “hate-motivated” speech or "hate-motivated" behavior. A “hate-motivated" comment or “bias incident” is biased conduct, speech, or expression that has an impact, but does not involve a criminal action.

Hate crimes (vandalism, physical assault, arson, etc.) are crimes which are motivated, in whole or in part, by bias, by the targeted individual or group’s characteristics or perceived characteristics of race, color, ancestry, nationality,  national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, reproductive health decision making, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, veteran or military status, or genetic information; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. “Hate crimes” should be reported to law enforcement. 

School Climate

Everyday acts of intolerance and/or hate may manifest in a variety of ways: name-calling, slurs, sexual harassment, casual put downs regarding race, ethnicity, gender, abilities, religion, perceived sexual orientation or gender identification. Administrators and teachers should actively work to promote a positive school climate. School staff are encouraged to:

• Work to establish a climate where casual slurs are uncommon and are challenged when they do occur. Set expectations of how students should speak to each other (in person and online), whether they are in or out of earshot of a teacher or administrator.
• Create a no-slur school by stating clear support for a safe, open learning environment free of slurs. Be specific: no insults related to ability, appearance, culture, gender, home language, race, ethnicity, religion, sexual orientation or social class will be tolerated.
• Engage students who appear to be isolated in school settings due to potential bias or stereotyping.
• Check for signs of hostility, depression, or a marked change in behavior or academic performance, and reach out to the student’s parents or guardians and/or the school counselor as appropriate.
• Model inclusive, pro-social behavior and interrupt moments of bias among staff.

If a "hate-motivated" comment or action occurs, school staff should be prepared to discuss how the school will respond. The school should also be prepared to respond to "hate-motivated" incidents that happen in the community or off-campus if the incidents have an impact on its students or school environment.

Reporting

Any student who feels that they are a victim of "hate-motivated" behavior shall immediately contact the principal or any trusted staff member with whom the student has a relationship.  Reports can be made in writing or verbally and all complaints should be reported to a site administrator. If the student believes that the situation has not been remedied by the principal or designee, the student may file a complaint with the District’s Office of Equity in accordance with District Uniform Complaint Procedures (Board Policy 1312.3).

Staff who receive notice of "hate-motivated" behavior or personally observe such behavior shall notify the principal.

Grievance Procedures & Investigation

When a staff member first hears "hate speech" or "bias speech," they should immediately interrupt, address, and admonish the student making such comments. The staff member should do an initial inquiry with the victim-student to determine if a full investigation is needed.  Included in that initial inquiry should be questions regarding the harm that the student has suffered, frequency and persistence of the behavior, and the history between the students. If the administrator determines that a full investigation is needed to learn more about the incident and/or to determine what happened, they should contact their Assistant Superintendent and the Office of Equity to inform them of the incident and consult on appropriate next steps.

Once an administrator receives a report of "hate-motivated" behavior, and determines that a full investigation is needed, the administrator/investigator should begin their investigation immediately. If the administrator determines that a full investigation is needed, the administrator shall conduct a thorough and equitable investigation into the allegations and inform the victim-student/family regarding the status of the investigation.  During the course of the investigation, the administrator should consider the following factors:

• Put safety first,
• Denounce the act, 
• Investigate, 
• Involve others where necessary,
• Provide accurate information and dispel misinformation,
• Support targeted students,
• Seek justice, avoid blame, and
• Promote healing.

A student who has been found to have demonstrated "hate-motivated" behavior shall be subject to discipline in accordance with law, Board Policy, and Administrative Regulation.

Once the full investigation is complete, the administrator should:

• Notify the involved students and families of the investigation outcome,
• Debrief with their school site, investigation team, and staff to discuss the investigation process to review lessons learned,
• Expand the discussion to include relevant students, parents and guardians and community members, keeping in mind that an individual student's disciplinary record is confidential under state law and FERPA,
• Take notes about all suggestions and comments and document them in the investigation folder and
• Discuss all follow-up steps and use them to create a road map for change (if needed).

Training

As necessary, the District shall provide counseling and appropriate sensitivity training and diversity education for students exhibiting "hate-motivated" behavior.  The District shall also provide counseling, guidance and support, as necessary, to those students who are the victims of "hate-motivated" behavior.

The Superintendent or designee shall ensure that staff receive training on recognizing "hate-motivated" behavior and on strategies to help respond appropriately to such behavior.

At the beginning of each school year, students and staff shall receive a copy of the District's Administrative Regulation on "hate-motivated" behavior in the Student and Parent Handbook.  The District shall provide age-appropriate instruction to help promote an understanding of and respect for human rights, diversity, and tolerance in a multicultural society and to provide strategies to manage conflicts constructively. 

Reference: Teaching Tolerance, Responding to Hate and Bias at School.