ACB - EVERY STUDENT BELONGS

Code:   ACB
Adopted:  12/14/2020
Revised/Readopted: 10/25/2021
Original Code: ACB

All students are entitled to a high-quality and safe educational experience, that is free from discrimination or harassment based on an individual’s actual or perceived race, color, religion, sex, sexual orientation, gender identity, gender expression, national or ethnic origin, age, mental or physical disability, pregnancy, familial status, economic status, or because of a perceived or actual association with any other persons within these protected classes.

All adults and visitors are entitled to work or participate in an environment that is free from discrimination or harassment based on perceived race, color, religion, sex, sexual orientation, gender identity, gender expression, national or ethnic origin, marital status, age, mental, or physical disability, pregnancy, familial status, economic status, veterans’ status, or because of a perceived or actual association with any other persons within these protected classes.

The district prohibits the use or display of any symbols of hate on district property or in any district- or school-sponsored program, service, school or activity that is funded in whole or in part by monies appropriated by the Oregon Legislative Assembly, except where used in teaching curriculum that is aligned to the Oregon State Standards. For the purposes of this policy, the following definitions will apply:

“Bias incident” means a person’s hostile expression of animus toward another person, relating to the other person’s perceived race, color, religion, gender identity, sexual orientation, disability, or national origin, of which criminal investigation or prosecution is impossible or inappropriate. Bias incidents may include derogatory language or behavior directed at or about any of the preceding demographic groups. This applies to in-person, hybrid, or distance learning environments.

“Symbol of hate” means a symbol, image, or object that expresses animus on the basis of race, color, religion, gender identity, sexual orientation, mental or physical  disability or national or ethnic origin, including, but not limited to, the noose, swastika, or confederate flag[1], and whose display:

1.  Is reasonably likely to cause a substantial disruption of or material interference with school activities; or

2.  Is reasonably likely to interfere with the rights of students by denying them full access to the services, activities, and opportunities offered by a school.

The superintendent or designee is directed to develop procedures for addressing reports or complaints of bias incidents.  Procedures developed shall prioritize immediate safety of complainants, communications to all parties involved, restorative practices, and nondisciplinary remedial action for accountability whenever appropriate.

The superintendent shall ensure that policy ACB and accompanying procedures are communicated widely and accessible.

END OF POLICY

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[1] While commonly referred to as the “confederate flag,” the official name of the prohibited flag is the Battle Flag of the Armies of Northern Virginia.

Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969).
Dariano v. Morgan Hill Unified Sch. Dist., 767 F.3d 764 (9th Cir. 2014).
State v. Robertson, 293 Or. 402 (1982).

Code: ACB-AR
Adopted: 8/23/2021

The District is committed to realizing our community’s vision that graduates of the Beaverton School District will be empowered to achieve post high school success. To ensure a learning environment of safety, security and belonging for every student, the District does not tolerate bias incidents, symbols of hate nor acts of discrimination.

The term “bias incident” means a person’s hostile expression of animus toward another person, relating to the other person’s perceived race, color, religion, gender identity, sexual orientation, disability or national origin, of which criminal investigation or prosecution is impossible or inappropriate. Bias incidents may include derogatory language or behavior directed at or about any of the preceding demographic groups. Persons impacted by a bias incident shall be defined broadly to include individuals at whom an incident was directed as well as students in the larger school community likely to be impacted by the incident.

“Symbol of hate” means a symbol, image, or object that expresses animus on the basis of race, color, religion, gender identity, sexual orientation, disability or national origin including, the noose, swastika, or confederate flag[1], and whose display:

1. Is reasonably likely to cause a substantial disruption of or material interference with school activities; or
2. Is reasonably likely to interfere with the rights of students by denying them full access to the services, activities, and opportunities offered by a school.

I.          Incident Response for Anonymous Incidents

When an anonymous incident of vandalism, graffiti, or concerning behavior on District property or at a District-sponsored event or activity is noticed or reported the following will be followed: 

1. The building principal or department supervisor in consultation with an Executive Administrator and Public Safety Director will make a determination if removal of the vandalism, etc. would hinder investigation and whether law enforcement will be contacted. 
2. After documenting the damage, staff will cover or remove the content as quickly as possible. 
3. In the event of an anonymous act of a symbol of hate school administrators or supervisors may issue a community wide communication regarding the incident.

II.         Formal Complaints

A complaint regarding an alleged bias incident or symbol of hate may be filed through a verbal report or by completing a Complaint Reporting Form. 

1.         Complaints against a student shall be filed with the school principal. Complaints against an employee shall be filed with the employee’s direct supervisor. Complaints against a school or site administrator shall be filed with the Superintendent. Complaints against the Superintendent shall be filed with the Board Chair. 

Complaints against a school or site administrator will begin at Step 3. Complaints against the Superintendent or a Board member(s) can be directed to the Board and will begin at Step 4. If complaints begin later than Step 1, the district official reviewing the complaint will ensure that all requirements are met. 

2.         The district official receiving the complaint shall acknowledge receipt of the complaint, reduce the complaint to writing, and investigate any complaint of a bias incident or symbol of hate. 

The district official investigating the complaint will recognize the experience of all persons impacted, acknowledge the impact, commit to taking immediate action, and prevent further harm against those persons impacted from taking place. Redirection procedures, if any, will include: 

• Educational components that address the history and impact of hate;
• Procedural components to ensure the safety, healing, and agency of those impacted by hate;
• Accountability and transformation for people who cause harm;
• Transformation of the conditions that perpetuated the harm; and
• Administrators or supervisors may issue a community wide communication regarding the incident in consultation with the person(s) harmed.

The investigator must consider whether the behavior implicates other district policies or civil rights laws, and if so, respond accordingly. The investigator will make a decision within 10 working days of receiving the complaint. All persons impacted will be provided with information relating to the investigation and the outcome of the investigation. 

At a minimum, the information provided must include:

• That an investigation has been initiated;
• When the investigation has been completed;
• The findings of the investigation and the final determination based on those findings; and 
• Actions taken with the person or persons who committed the harassing behavior to remedy the behavior and prevent reoccurrence when the actions relate directly to a person impacted by the event. 

If any of the above information cannot be shared, a citation to the law prohibiting release and an explanation of how that law applies to the current situation will be provided. 

3.         If a complainant or a respondent wishes to appeal the decision of the investigator in Step 2, the complainant or respondent may submit a written appeal to the Superintendent within 10 working days after receipt of the Step 2 decision. The Superintendent or designee shall acknowledge receipt of the appeal and may meet with all parties involved. The Superintendent or designee will review the merits of the complaint and the investigator’s decision. The Superintendent or designee will respond in writing to the complainant within 10 working days unless the Superintendent or designee needs additional time based on the complexity of the review or need for additional investigation. If additional time is needed, the Superintendent or designee will inform the parties that additional time is needed and will provide the parties with an estimate of how long he or she will need. The Superintendent or designee will ensure that the requirements in Steps 1 and 2 (redirection procedures, notice, etc.) are continued to be met through Step 3, as appropriate. 

4.         If the complainant or respondent is not satisfied with the decision of the Superintendent or designee, a written appeal may be filed with the Board Chair within 10 working days of receipt of the Step 3 decision. The Board will review the complaint and response, and at its discretion, may schedule a hearing. After review of the complaint and response, or following a hearing, the Board will notify the complainant whether it affirms the response of the Superintendent or designee, or whether further action is appropriate. 

The Board’s decision will be final and will address each allegation in the complaint and contain reasons for the Board’s decision. The Board’s final decision shall be sent to the complainant in writing. The Board will ensure that the requirements in Steps 1 and 2 (redirection procedures, notice, etc.) are continued to be met through Step 4, as appropriate. If the complainant, is not satisfied after exhausting local complaint procedures, or the district fails to render a written decision within 30 days of submission of the complaint at any step, or fails to resolve the complaint within 90 days of the initial filing of the complaint, may appeal the district’s final decision to the Deputy Superintendent of Public Instruction under Oregon Administrative Rules (OAR) 581-002-0001 – 581-002-0023. 

Complaints may also be filed directly with the U.S. Department of Education Office for Civil Rights. The Superintendent or designee will develop and implement instructional materials to ensure that all school employees and staff are made aware of this procedure and related practices. The materials will include reporting procedures, educational processes, and possible consequences.