Rid Schools of Hate Crimes

Although school administrators have declared they have adopted measures to curb peer harassment and violence among students, similar incidents in the same districts have occurred recently. Last year, a group of San Marin students were suspended for allegedly yelling racial epithets at students from Tamalpais High School. And in the Sunset, individuals associated with the alleged attackers of the African American youth have been implicated in a number of crimes against women or gay people. These are not isolated occurrences; the ACLU receives numerous such complaints each year.

In truth, schools may not be able to prevent every hateful act committed by students in their charge, much less by visiting students from other schools. No one expects perfection from schools; what we do expect, however, is that schools take the necessary steps to address the problem. Schools should develop comprehensive and detailed anti-discrimination and anti-harassment policies that address acts targeted to racial minorities and students perceived to be lesbian and gay.

Policies, however, are meaningless unless schools vigorously enforce them. This means taking the duty to supervise seriously. Students must be supervised not only in the classroom, but in the halls, locker rooms, bathrooms, playgrounds, buses, and at sporting events. Schools must thoroughly investigate reports of taunts of harassment based on race, gender, or perceived sexual orientation. No student victims should ever be left wondering if their school has left them unprotected.

California schools have a legal obligation to create an atmosphere that is "safe, secure, and peaceful." They must also protect all students equally from harm, a right guaranteed by the state and federal constitutions. Declaring a "Day of Respect" is one way to establish tolerance and respect at schools, but schools should also build tolerance and diversity-training into their curricula. Schools should invite guest speakers or professional trainers to address students and faculty on ways to curb harassment. Plenty of books and other materials that address persons of different backgrounds should be available to students and staff. Even small gestures, such as wearing stickers or hanging posters that indicate respect, make a difference.

Northern California schools have an impressive array of successful tolerance-training programs developed by educational and advocacy groups. One example is the decade-long San Francisco Unified School District's Support Services for Sexual Minority Youth program to combat harassment and discrimination in the public schools. Based on that successful model, the ACLU's Howard A. Friedman Education Project trains school faculty and staff about the importance of creating safe school environments for lesbian and gay students on campus. The trainings cover such topics as preventing name-calling in schools, promoting class discussion about lesbian and gay issues, assessing school safety from the perspective of gay youth, and fulfilling legal obligations.

Detractors who opine that schools should not be forced to teach "morality" or "political correctness" to students miss the point: this is about ensuring a safe educational environment on an equal basis. Creating an atmosphere of respect for people of all backgrounds and ensuring an equal opportunity among all students to learn are educational prerequisites that are mandated by law. Perhaps, with these practices firmly in place, we won't have to face more front page news about hate crimes in our schools.

By Robert Kim, Staff Attorney, ACLU, who is involved in a peer harassment case in northern California, and Nancy Otto, Friedman Project Director, who has trained over 1500 faculty in northern California on safety for lesbian and gay students.