5145.42

Students

Nondiscrimination

Racial Harassment of Students

The Board of Education is committed to safeguarding the rights of all students within the school district to learn in an environment that is free from racial* discrimination, including harassment.  The Board recognizes that racial harassment of students can originate from a person of the same or different race of the victim including peers, employees, Board members or any individual who foreseeably might come in contact with students on school grounds or at school-sponsored activities.

Racial harassment of students consists of different treatment on the basis of race and is recognized in two different forms:

1.  when the district’s employees or agents, acting within the scope of official duties, treat a student differently than other students solely on the basis of race; or

2.  when the education environment is not kept free from discrimination because the harassing conduct is so severe, pervasive or persistent that it interferes with or limits the ability of a student to participate in or benefit from the services, activities or privileges provided.

The Board also prohibits any retaliatory behavior against complainants or any witnesses.  Any student who believes that he/she has been subject to racial harassment should report the alleged misconduct immediately so that corrective action, up to and including discharge of an employee or suspension of a student, may be taken at once.  The complainant shall not be discouraged from reporting an incident of alleged racial harassment.  In the absence of a victim’s complaint, the Board, upon learning of, or having reason to suspect the occurrence of any racial harassment, will ensure that an investigation is promptly commenced by appropriate individuals.

The Superintendent of Schools is directed to develop and implement specific procedures on reporting, investigating and remedying allegations of racial harassment.  Such procedures are to be consistent with any applicable provisions contained in the district’s policy manual, collective bargaining agreements, the tenure laws as well as other federal and state laws on racial harassment.  Training programs shall be established for students and employees to raise awareness of the issues surrounding racial harassment and to implement preventative measures to help reduce incidents of racial harassment.

A copy of this policy and its accompanying regulation is to be distributed to all personnel and students and posted in appropriate places.

*For the sake of simplicity and clarity, the term "race" shall be used throughout this discussion to refer to all forms of discrimination prohibited by Title VI - that is, race, color,and national origin.

(cf. 0521 - Equal Opportunity - Nondiscrimination)

(cf. 4118.113/4218.113 - Harassment)

(cf. 5114 - Suspension/Expulsion/Due Process)

(cf. 5131 - Student Conduct)

(cf. 5131.2 - Assault)

(cf. 5131.21 - Terroristic Threats/Acts)

(cf. 5144 - Discipline)

(cf. 5145.5 - Sexual Harassment)

(cf. 5145.51 - Peer Sexual Harassment)

Legal Reference:   Civil Rights Act or 1964, Title VI, 42 U.S.C. §2000 et seq. 34 CFR Part 1000

Policy adopted: