7.7 Hate Motivated Behavior

(SFUSD Board Policy 5145.9)

The Board policy affirms the right of every student 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, ethnicity, culture, heritage, gender, gender identity or expression, sexual orientation, physical/mental attributes or religious beliefs or practices 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 (described above).

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 disability, gender, gender identity or expression, nationality, race or ethnicity, religion, religious beliefs, sexual orientation, or association with a person or group who has one of these characteristics.   “Hate crimes” should be reported to law enforcement. 

i. 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 (SFUSD Board Policy 1312.3).

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

ii. Grievance Procedures & Investigation

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, or other staff member.

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. 

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. 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 student/family regarding the status of that investigation.

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.

iii. 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 Family 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.