3209 Procedure – Bias Incident and Hate Speech

Bellingham Public Schools believes in protecting the right of every student to be free from bias and hate-motivated speech and behavior in our educational environments. Hate speech and behaviors have lasting and harmful impacts on our community; therefore, we will vigorously seek to heal and educate to strengthen and diversify our next generation of leaders.

This procedure, and its accompanying policy, promote empathy and compassion while augmenting district compliance with local, state and federal laws concerning harassment, intimidation, bullying, student discipline and discrimination (Policy 3205, 3207, 3210, 3211, 3241 and chapter 28A.642 RCW).

This procedure facilitates education and support aimed at addressing language and behaviors rooted in bias and hate directed at individuals based on a perceived race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical or sensory disability. Behaviors as bullying, verbal and visual communications and physical acts targeting these individuals or groups will also be supported by OSPI Discriminatory Harassment practices. Deliberate use of language and behaviors targeting individuals or groups of people will be classified as hate speech or behavior when the words, behaviors or gestures are:

A. Used to intimidate, threaten or otherwise interfere with another person鈥檚 wellbeing.

B. Have the effect of invading a student鈥檚 right to an education and/or

C. Have the effect of materially disrupting classwork or creating substantial disorder of the school and/or work environment, and

D. are directed based on the perception of another person鈥檚 race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity or mental, physical or sensory disability.

The district administration鈥檚 role is to provide collaborative support, education and coordination of effective and caring responses to bias incidents for students, staff and community in all events and spaces connected to our schools. The bias incident and hate speech procedure and policy does not replace or supersede existing policies that also address harassment, intimidation, bullying, nondiscrimination, student conduct and student discipline (Policy 3205, 3207, 3210, 3211 and 3241).

Retaliation against a target, reporter or witness of hate speech and behavior is prohibited. Staff who retaliate will be disciplined in accordance with the district鈥檚 procedures and employee guidelines. Students who retaliate will be disciplined in accordance with the district鈥檚 student discipline policy and procedure 3241.

Definitions

A. Hate Speech is any form of expression intended to vilify, humiliate or incite hatred against a person or group based on race, religion, skin color, sexual orientation, gender identity, ethnicity, disability or national origin. It includes, but is not limited to:

        1. Gestures or other actions connected to hate[1]; or
        2. Displaying, writing or wearing items connected to hate[2].
        3. Interference with students鈥 education will be determined with consideration of grades, attendance, demeanor, interaction with peers, participation in activities and other indicators assessed by administrators, counselors and health professionals.

B. Retaliation occurs when an aggressor harasses, intimidates or bullies an individual who has or who the aggressor believes has reported incidents of hate speech or behavior, bullying and/or harassment.

Notification Protocol

Students, staff and/or community members may notify the district of a bias incident, hate speech or behavior, by using: the Safety Tip Line, the district鈥檚 online reporting system (bellinghamschools-wa.safeschoolsalert.com), reporting the incident to a staff member or a combination of options.

Prevention

Prevention of hate speech and behavior, in partnership with culturally responsive teaching and learning, increases sense of belonging and positively impacts school culture. To increase prevention, the district will provide:

A. Annual hate speech and behavior accountability education. Ongoing training will be offered throughout the year to district staff and administration.

B. Student and family access to the bias incident and hate speech policy and procedure at any time online.

C. Training and resources for community-based organizations who partner in our schools, access to the student handbook, along with information about the bias incident and hate speech policy.

D. Annual support for teachers and staff to inventory new and current curricula and supplemental materials for hate speech and behavior.

Solutions

Solutions are responses to reports of bias incidents or hate speech. Support and action when a report is received may require collaborative efforts among administrators, student services and law enforcement, as appropriate. The district will carefully consider the rights and needs, as well as the safety and health of each student directly, and indirectly, involved in the incident.

Based on individual scenarios, restorative practices and/or disciplinary actions will be considered and/or assigned. Restorative practices and disciplinary actions can be assigned simultaneously.

Restorative practices include:

A. Active research and engagement with stories about the effects of hate speech.

B. A written apology to the targeted student(s) that demonstrates empathy and an awareness of the impacts of hate speech. The written apology will be vetted by administrators and will only be delivered upon approval.

C. A project about civil rights.

D. An educational course or workshop. A final reflective essay will be submitted following the learning.

E. Clean up or repair damaged property.

Disciplinary actions include:

A. Reprimand: verbal and/or written.

B. Detention: in school.

C. Loss of privileges.

D. Loss of co-curricular privileges.

E. Classroom exclusion.

F. Short-term suspension.

G. Emergency expulsion.

Support

The district strives to mitigate harm caused by conscious and unconscious bias and hate speech and behavior. Communicating as clearly as possible, administrators will be able to share the following with families and students who were targets of bias and hate:

A. Receipt of a bias incident or hate speech/behavior report.

B. Open and closing dates of an investigation.

C. Synopsis of the report, excluding educational record data protected by law.

 

The district will offer support and resources to students and families who are victims of bias incidents or hate speech and behavior. When substantial disruption to a student鈥檚 education could occur, accommodation to ensure the safety and well-being of the student shall be made, as appropriate, and with the support of the student and/or the student鈥檚 family.

Confidentiality

The district shall maintain the report’s confidentiality and all follow-up actions associated with the circumstances required by law.

 

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1The district will reference the Anti-Defamation League鈥檚 hate symbols database as the primary resource of updated hate symbols.

2The district will reference the Anti-Defamation League鈥檚 hate symbols database as the primary resource of updated hate symbols.

Adopted/Previous Revisions: 07/07/23
Updated: 03/05/24