KNOW YOUR RIGHTS: Bias-related School Harassment and Violence. By Angela Chan, Staff Attorney Juvenile Justice and Education Project. What is bias-related harassment?.
KNOW YOUR RIGHTS: Bias-related School Harassment and Violence
By Angela Chan, Staff Attorney
Juvenile Justice and Education Project
1. CA Education Code sections 200, 220, 233, and 48900.3 describe policies and intent specific to hate-motivated violence. CA Penal Code sections 422.6, 422.7, 422.75, 422.8, 422.9, 422.95, and 628 define what constitutes hate-motivated crimes.
prohibits hate crimes on the basis of "race, color, religion, ancestry, national origin, disability, gender, or sexual orientation," including the perception of any of these characteristics.
(1) Different Treatment by Agents or Employees -
How do the laws work?There are 2 theories for a discrimination complaint:
(2) Hostile Environment - 3 Factors:
STEP 1: File a written complaint with your school.
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How big of a problem is bullying in school?
2002 California Health Kids Survey: 37% of middle and high school students reported some harassment, and about three-quarters of these experiences were bias-related.
1 Asian/Pacific Islander Communities: An Agenda for Positive Action, National Council on Crime and Delinquency, 2001.
2 Thao N. Le, “Non-Familial Victimization Among Asian Pacific Islander Youth: The Oakland Experience.” Journal of Ethnicity in Criminal Justice, Vol. 3(3) 2005.
Thao N. Le, “Non-Familial Victimization Among Asian Pacific Islander Youth: The Oakland Experience.”
IMPROVE SAFETY IN YOUR SCHOOL COMMUNITY.
Call this number to report incidents or concerns affecting the safety of any student.
Three ways to report:
(1) (415) 241-2141
(3) E-mail to [email protected]
All callers will remain anonymous unless you choose to give them your information.
Examples of what you can report:
∗ racial/gender slurs
Classroom Prevention and Intervention
Classroom Prevention and Intervention
Peer Mediation Programs:Student conflict mediators receive training to learn how to help other students peacefully resolve their differences. Students who need mediation services either voluntarily seek services or are referred by teachers or administrators.
Mediation Strategies: Restorative Justice
IT IS KEY TO CREATE A SAFE PLACE TO RESOLVE CONFLICTS
Peer Courts and Community Courts:This is an alternative to the juvenile justice system. Student volunteers hold hearings about actual incidents that occur in their school or neighborhood.
Volunteers work with the victim, the offender, school officials, law enforcement officers and family members to reach a solution that everyone can agree to. If the Respondent completes the contract, then the case is closed without an arrest or suspension. The focus is on putting things right, not on punishment. There are Peer Court programs in San Francisco and the East Bay.
Student Prevention and Intervention
Implement and publicize complaint system.
Train staff on anti-harassment policy and complaint system.
De-escalate conflict when it happens.
Develop alternatives to suspension, expulsion, and criminalization that promote rehabilitation and community.
Provide support services for victim and victim’s family.
Monitor problems to prevent future incidents.
Understand root causes of violence and conflict.
Develop a “Whole Community Prevention Plan,” that includes administrators, teachers, students, family, and community.
Establish a shared vision and goal.
Integrated curriculum with trained staff.
Develop benchmarks for success.
Two-Prong Strategy for Success Intervention and Prevention
Contact: Angela Chan
Staff Attorney, Asian Law Caucus
Tel: (415) 848-7719