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Lodi Unified School District

Policy 5145.9 - Hate-Motivated Behavior

Series: 5000 - Students

Policy: 5145.9 - Hate-Motivated Behavior

Adopted: 12/16/2010

Last Revised: 05/07/2024

Last Reviewed: 05/07/2024

Download Policy 5145.9 - Hate-Motivated Behavior PDF (English)

Hate-Motivated Behavior

The Board of Education is committed to providing a safe, respectful, and inclusive learning environment that protects students from discrimination, harassment, intimidation, bullying, and other behavior motivated by a person's hostility towards another person's real or perceived ethnicity, national origin, immigrant status, sex, gender, sexual orientation, religious belief, age, disability, or any other physical or cultural characteristic identified in Education Code 200 or 220, Government Code 11135 or Penal Code 422.55.  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.  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, diversity, and acceptance in a multicultural society, and provides strategies to manage conflicts constructively.

The Superintendent or designee shall ensure the rules prohibiting hate-motivated behavior and procedures for reporting a hate-motivated incident are provided to students and parents/guardians.

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.

Grievance Procedures
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.

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, they shall also contact law enforcement.

Any complaint of hate-motivated behavior shall be investigated and, if determined to be discriminatory, shall be resolved in accordance with law and the district’s uniform complaint procedures specified in BR 1312.3 -Uniform Complaint Procedures. 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.

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 student.

Legal References

Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the Board to enact this policy.  Instead, they are provided as additional resources for those interested in the subject matter of the policy.
 

STATE
CALIFORNIA CODE OF REGULATIONS
5 CCR 4600-4670 Uniform complaint procedures
5 CCR 4900-4965 Nondiscrimination in elementary and secondary educational programs receiving state or federal financial assistance
EDUCATION CODE
200-262.4 Prohibition of discrimination
32280-32289.5 School safety plans
48900.3 Suspension for hate violence
48900.4 Suspension or expulsion for threats or harassment
GOVERNMENT CODE
11135 Prohibition of discrimination
PENAL CODE
422.55 Definition of hate crime
422.6 Crimes, harassment
 
FEDERAL
CODE OF FEDERAL REGULATIONS
28 CFR 35.107 Nondiscrimination on basis of disability; complaints
34 CFR 100.3 Prohibition of discrimination on basis of race, color or national origin
34 CFR 104.7 Section 504; Designation of responsible employee and adoption of grievances procedures
34 CFR 106.30 Discrimination on the basis of sex in education programs and activities; definitions
34 CFR 106.44 Recipient's response to sexual harassment
34 CFR 106.45 Grievance process for formal complaints of sexual harassment
34 CFR 106.8 Designation of coordinator; dissemination of policy, and adoption of grievance procedures
34 CFR 110.25 Prohibition of discrimination based on age
 
MANAGEMENT RESOURCES
CALIFORNIA OFFICE OF THE ATTORNEY GENERAL PUBLICATIONS
Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California K-12 Schools in Responding to Immigration Issues, April 2018
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Bullying at School, 2003
HUMAN RIGHTS CAMPAIGN FOUNDATION PUBLICATION
California LGBTQ Youth Report, January 2019
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS
Dear Colleague Letter: Harassment and Bullying, October 2010
Dear Colleague Letter: Prohibited Disability Harassment, July 2000
WEBSITES
California Association of Human Relations Organizations http://www.cahro.org
California Department of Education http://www.cde.ca.gov
California Office of the Attorney General http://oag.ca.gov
U.S. Department of Education, Office for Civil Rights http://www.ed.gov/about/offices/list/ocr
U.S. Department of Justice http://www.justice.gov