The Bakersfield City School District is a community that celebrates the diversity of our schools and community. BCSD is committed to a culture of access and inclusion to ensure a multi-tiered system of supports for all students. It is our expectation that the school and workplace environment be free from discriminatory attitudes and practices and acts of hate violence.

What is Hate Motivated Behavior?

Every student has the right to be protected from "hate-motivated" behavior. Behavior or statements that degrade an individual on the basis of the individual’s 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.

Any student or parent/guardian who believes is a victim of hate-motivated behavior is strongly encouraged to report the incident to a teacher, the principal or designee, or other staff member. An investigation concerning the allegation and an appropriate response(s) will be provided by the principal or designee. If the student reporting the behavior believes that the situation has not been remedied by the principal or designee, the student may file a complaint in accordance with District uniform complaint procedures by contacting the District’s Chief Equity Compliance Officer, Section 504 Coordinator, and Title IX Coordinator, Erin Johnston, by phone at (661) 631-4663, by email at johnstone@bcsd.com or in person at 1300 Baker Street, Bakersfield, CA 93305.

Board Policy 601.12 Hate-Motivated Behavior

Revision Adopted October 22, 2019

The Governing Board is committed to providing a safe 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. The Governing Board affirms the right of every student to be protected from hate-motivated behavior or other types of bias-motivated misconduct. It is the intent of the Board to promote harmonious relationships that enable students to gain a true understanding of the civil rights and social responsibilities of people in our interdependent society. Students are expected to acknowledge diversity and to help build community by practicing civility, respect, and hospitality.

Regardless of the communication form (e.g., verbal, nonverbal, electronic), behavior that degrades an individual on the basis of any category listed above shall not be tolerated.

The District shall adopt and publicize policies that prohibit discrimination, harassment, intimidation, and bullying on the basis of a student’s actual or perceived nationality, ethnicity, or immigration status. These policies must be translated in the student’s primary language if at least 15 percent of the students enrolled in the school speak a single primary language other than English.

The District shall notify parents and guardians of their children’s right to a free public education, regardless of immigration status or religious beliefs. This information shall include information related to the “Know Your Rights” immigration enforcement established by the Attorney General. The District shall inform students who are victims of hate crimes of their right to report such crimes.

(cf. BP 300.44 – School Safety Plan)

(cf. BP 300.63 – Nondiscrimination in District Programs and Activities)

(cf. BP 600.04 – Positive School Climate)

(cf. BP 601.01 – Conduct of Pupils)

(cf. BP 601.02 – Bullying)

(cf. BP 601.06 – Sexual Harassment of or by Students)

(cf. BP 601.07 – Discipline)

(cf. BP 601.14 – Nondiscrimination/Harassment)

(cf. BP 603.25 – Suicide Prevention)

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.

(cf. BP 300.50 – Relations with Other Governmental Agencies and the Schools)

(cf. BP 602.09 – After School Programs)

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.

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.

(cf. BP 603.18 – Guidance/Counseling Services)

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.

The District shall educate students about the negative impact of bullying other students based on their actual or perceived immigration status or their religious beliefs or customs.

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.

The District shall also train teachers, staff, and personnel to ensure that they are aware of their legal duty to take reasonable steps to eliminate a hostile environment and respond to any incidents of harassment based on the actual or perceived characteristics listed above. Such training should, as a minimum, provide agency personnel with the skills to do the following:

1. Discuss the varying immigration experiences among members of the student body and school community;
2. Discuss bullying-prevention strategies with students, and teach students to recognize the behavior and characteristics of bullying perpetrators and victims;
3. Identify the signs of bullying or harassing behavior;
4. Take immediate corrective action when bullying is observed; and
5. Report incidents to the appropriate authorities, including law enforcement in instances of criminal behavior.

Complaint Process

The District shall adopt a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the following actual or perceived characteristics: disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, immigration status, or any other characteristic mentioned in Board Policy 601.14 – Nondiscrimination/Harassment, or association with a person or group with one or more of the aforementioned characteristics. The complaint process must include, but is not limited to, the following steps:

1. A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so.
2. A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the local educational agency.
3. An appeal process afforded to the complainant should he or she disagree with the resolution of a complaint.
4. The District shall ensure that complaint procedures contain confidentiality safeguards for immigration status information.
5. The District shall prohibit retaliation against a person who submits a complaint of discrimination, harassment, intimidation, or bullying.

Any student or parent/guardian who believes is the student is a victim of hate-motivated behavior is strongly encouraged to report the incident to a teacher, the principal or designee, or other staff member. An investigation concerning the allegation and an appropriate response(s) will be provided by the principal or designee. If the student reporting the behavior believes that the situation has not been remedied by the principal or designee, the student may file a complaint in accordance with District uniform complaint procedures.

(cf. BP 605.03 – Uniform Complaint Procedures)

Staff who receive notice of hate-motivated behavior, personally 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.

Students demonstrating hate-motivated behavior shall be subject to discipline in accordance with Board policy and administrative regulation. Consequences should be designed to help prevent the repetition of hateful, bias acts and change both the behavior and attitude of the offender.

(cf. BP 601.04 – Suspension and Expulsion/Due Process)

(cf. BP 601.07 – School Discipline)

(cf. BP 606.06 – Suspension and Expulsion/Due Process [Pupils with Disabilities])

An investigation into the potential seriousness of a student’s behavior shall follow any hate-motivated behavior and, if determined to be discriminatory, shall be resolved in accordance with law and the District’s uniform complaint procedures specified in Administrative Regulation 605.03 – Uniform Complaint Procedures. The investigation should help determine whether the student has the interest, motive, and means to mount an attack or subsequent attack. When the initial investigation identifies the potential for harm, a structured threat assessment will be initiated and appropriate risk management actions taken to help ensure the safety of persons potentially in harm’s way. 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.

(cf. BP 300.36 – Crisis Prevention and Intervention)

(cf. BP 601.04 – Suspension and Expulsion/Due Process)

(cf. BP 605.03 – Uniform Complaint Procedures)

(cf. BP 606.06 – Suspension and Expulsion/Due Process (Pupils with Disabilities)

Legal Reference:
EDUCATION CODE

200-262.4 Prohibition of discrimination
32282 School safety plans

48900.3 Suspension for hate violence

48900.4 Suspension or expulsion for threats or harassment

PENAL CODE

186.21 Street terrorism; legislative findings and declarations

422.55 Definition of hate crime
422.6-422.95 Crimes, harassment
 

CODE OF REGULATIONS, TITLE 5

4600-4670 Uniform complaint procedures

4900-4965 Nondiscrimination in elementary and secondary education programs

CODE OF FEDERAL REGULATIONS, TITLE 28

35.107 Nondiscrimination on basis of disability; complaints

CODE OF FEDERAL REGULATIONS, TITLE 34

100.3 Prohibition of discrimination on basis of race, color or national origin

104.7 Designation of responsible employee for Section 504

106.8 Designation of responsible employee for Title IX

110.25 Prohibition of discrimination based on age
 

Policy Adopted May 28, 2002

Revision Adopted August 2, 2018

Revision Adopted October 22, 2019