BP 5145.9 — HATE-MOTIVATED BEHAVIOR

Students BP 5145.9(a)

HATE-MOTIVATED BEHAVIOR

The Board of Education is committed to providing a respectful, inclusive, and safe
learning environment that protects students from discrimination, harassment,
intimidation, bullying, or any other type of behavior that is motivated by hate.

Hate-motivated behavior is any behavior intended to cause emotional suffering, physical
injury, or property damage through intimidation, harassment, bigoted slurs or epithets,
force or threat of force, or vandalism motivated in part or in whole by bias or hostility
toward the victim's real or perceived race, color, ancestry, nationality, national origin,
immigration status, ethnic group identification, ethnicity, age, religion, marital status,
pregnancy, parental status, physical or mental disability, medical condition, sex, sexual
orientation, gender, gender identity, gender expression, or genetic information, or any
other characteristic identified in Education Code 200 or 220, Government Code 11135,
or Penal Code 422.55.

The Superintendent or designee shall utilize strategies to promote harmonious
relationships among students, prevent incidents of hate-motivated behavior to the
extent possible, and address such incidents in a timely manner when they occur.
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 0450 - Comprehensive Safety Plan)
(cf. 3515.4 - Recovery for Property Loss or Damage)
(cf. 5131.5 - Vandalism, Theft and Graffiti)
(cf. 5136 - Gangs)
(cf. 5137 - Positive School Climate)
(cf. 5141.52 - Suicide Prevention)
(cf. 5145.3 - Nondiscrimination/harassment)
(cf. 5147 - Dropout Prevention)
(cf. 5149 - At-Risk Students)

The Superintendent or designee shall collaborate with regional programs and
community organizations to promote an environment where diversity is celebrated and
hate-motivated behavior is not tolerated.

Such collaborative efforts shall focus on the development of effective prevention
strategies and response plans, provision of assistance to students affected by hate-
motivated behavior, and/or education of students who have perpetrated hate-motivated
acts.

(cf. 1020 - Youth Services)
(cf. 1400 - Relations between Other Governmental Agencies and the Schools)
(cf. 1700 - Relations between Private Industry and the Schools)
(cf. 5148.2 - Before/After School Programs)
(cf. 5148.3 - Preschool/Early Childhood Education)
(cf. 6020 - Parent Involvement)
 BP 5145.9(b)

HATE-MOTIVATED BEHAVIOR (cont.)

The District shall provide students with age-appropriate instruction that:

1. Includes the development of social-emotional learning

2. Promotes an understanding, awareness, appreciation, and respect for human rights,
human relations, diversity, and acceptance in a multicultural society

3. Explains the harm and dangers of explicit and implicit biases

4. Discourages discriminatory attitudes and practices

5. Provides strategies to manage conflicts constructively

(cf. 5138 - Conflict Resolution/Peer Mediation)
(cf. 6142.3 - Civic Education)
(cf. 6142.4 - Service Learning/Community Service Classes)
(cf. 6141.94 - History-Social Science Instruction)

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.

When appropriate, students who engage in hate-motivated behavior shall be
disciplined.

The Superintendent or designee shall provide staff with training that:

1. Promotes an understanding of diversity, equity, and inclusion

2. Discourages the development of discriminatory attitudes and practices

3. Includes social-emotional learning and nondiscriminatory instructional and
counseling methods

4. Supports the prevention, recognition, and response to hate-motivated behavior

5. Raises the awareness and sensitivity of staff to potentially prejudicial and
discriminatory behavior

6. Includes effective enforcement of rules for appropriate student conduct

(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)
 BP 5145.9(c)

HATE-MOTIVATED BEHAVIOR (cont.)

When an employee is found to have committed hate-motivated behavior, the District
shall take appropriate disciplinary action, up to and including dismissal, in accordance
with applicable law and collective bargaining agreement.

Rules prohibiting hate-motivated behavior and procedures for reporting a hate-
motivated incident shall be provided to students, staff, and parents/guardians.

This policy shall be posted in a prominent location on the District's web site in a manner
that is readily and easily accessible to parents/guardians and students. (Education
Code 234.6)

Complaints

Any staff member who is notified that hate-motivated behavior has occurred, observe
such behavior, or otherwise becomes aware of an incident shall immediately contact the
principal or principal’s designee. As appropriate, the staff member shall also contact law
enforcement as required/appropriate.
(cf. 4158/4258/4358 - Employee Security)

A student or parent/guardian who believes the student is a victim of hate-motivated
behavior is encouraged to report the incident to a teacher, the principal, the District's
compliance officer, or other staff member.

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 AR 1312.3 - Uniform Complaint Procedures or other
applicable procedure. 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 necessary actions to resolve the complaint.

(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 5131- Conduct)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension And Expulsion/Due Process)
(cf. 5144.2 - Suspension And Expulsion/Due Process (Students With Disabilities))
(cf. 5145.7 - Sexual Harassment)

Legal Reference:
EDUCATION CODE
200-262 Prohibition of Discrimination on the Basis of Sex
33025 Hate Violence Defined
48900.3 Suspension for Hate Violence
 BP 5145.9(e)

HATE-MOTIVATED BEHAVIOR (cont.)
PENAL CODE
186.21 Street Terrorism; Legislative Findings and Declarations
422.6-422.95 Civil Rights
11410-11414 Terrorism
13023 Reports by Law Enforcement of Crimes Motivated by Race, Ethnicity, Religion, Sexual Orientation,
or Physical or Mental Disability
13519.6 Hate Crimes, Training Courses and Guidelines
UNITED STATES CODE, TITLE 18
245 Federally Protected Activities
Management Resources:
CALIFORNIA SCHOOL BOARDS ASSOCIATION PUBLICATIONS
Protecting Our Schools: Governing Board Strategies to Combat School Violence, 1995
ALAMEDA OFFICE OF EDUCATION & CALIFORNIA PUBLICATIONS
Hate-motivated Behavior in Schools: Response Strategies for School Boards, Administrators, Law
Enforcement and Communities, 1997
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS & NATIONAL ASSOCIATION OF
ATTORNEYS GENERAL PUBLICATIONS
Protecting Students from Harassment and Hate Crime: a Guide for Schools, 1999
WEBSITES
California Department of Education: www.cde.ca.gov
California Association of Human Relations Organizations: www.cahro.org
United States Department of Education, Office for Civil Rights: www.ed.gov/offices/ocr/index.html

Chino Valley Unified School District
Policy adopted: February 3, 2000
Revised: March 17, 2011
Revised: September 15, 2022