HATE CRIMES AT SCHOOLS Presented by: North Carolina Human Relations Commission 1318 Mail Service Center Raleigh, North Carolina 27699 -1318 (919) 789 -5930/Office Number (919)420 -1372/Fax Number
WHAT IS THE LAW PERTAINING TO HATE CRIMES IN SCHOOLS?
WHAT IS THE LAW PERTAINING TO HATE CRIMES AT SCHOOLS? FEDERAL LAW 42 U. S. C. S. § 200 d States: “Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on grounds of race, color or national origin. No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. ”
WHAT IS THE LAW PERTAINING TO HATE CRIMES AT SCHOOLS? State Laws N. C. G. S. 115 C-47(12) (36) States: “To Report All Acts of School Violence- Local boards of education shall report all acts of school violence to the State Board of Education in accordance with N. C. G. S. 115 C-12 (21). N. C. G. S. 115 C-105. 46 (4) States: “[The State Board of Education] may revoke the certificate of the superintendent, pursuant to G. S. 115 C-274(c), for failure to fulfill the superintendent’s duties under a local safe school plan. ”
WHAT IS THE LAW PERTAINING TO HATE CRIMES AT SCHOOLS? STATE LAWS (CONTINUED) N. C. G. S. 115 C-105. 47(a) States: “Each local board of education shall develop a local school administrative unit safe school plan designed to provide that every school in the local school administrative unit is safe, secure, and orderly, that there is a climate of respect in every school, and that appropriate personal conduct is a priority for all students and all public school personnel. ”
WHAT IS THE LAW PERTAINING TO HATE CRIMES AT SCHOOLS? STATE LAWS (CONTINUED) N. C. G. S 14 -401. 14(a) States: “If a person shall, because of race, color, religion, nationality, or country of origin assault another person, or damage or deface the property of another person, or threaten to do any such act, he shall be guilty of a Class 1 misdemeanor.
WHAT IS THE LAW PERTAINING TO HATE CRIMES AT SCHOOLS? LEGISLATIVE UPDATE ANTI-NOOSE/CROSS BURNING LEGISLATION N. C. G. S. Chapter 14 -401. 14 A. States: [It is] unlawful to burn a cross or hang a noose with the intent to intimidate.
WHAT IS THE LAW PERTAINING TO HATE CRIMES AT SCHOOLS? LEGISLATIVE UPDATE (continued) Ø Ø A person who burns a cross or hangs a noose with the expectation and the probability that another person will view the cross or noose with the intent to intimidate that person because of race, color, religion, nationality or country of origin is guilty of a Class H felony Passed the 2008 short session of N. C. General Assembly and law goes into effect on December 1, 2008.
WHAT IS A HATE CRIME? WHAT IS A HATE BIAS INCIDENT?
WHAT IS A HATE CRIME? n n Criminal offense. Against persons, property or society Bias-motivated towards persons of a different race, religion, ethnic/national origin, gender, age, disability or sexual orientation. Arson, assault, murder, shooting, vandalism.
WHAT IS A HATE BIAS INCIDENT? n n n Not a criminal offense Bias-motivated towards persons of a different race, religion, ethnic/national origin, gender, age, disability or sexual orientation. Marches, leafleting, rallies, membership solicitation, derogatory public statements, public expressions
WHAT DOES A HATE CRIME LOOK LIKE?
WHAT DOES A HATE CRIME AT SCHOOL LOOK LIKE? n n n Racial graffiti Hate speech Vandalism with symbols and phrases Threats Fights Assaults 88 RAHOWA
WHAT DOES A HATE CRIME AT SCHOOL LOOK LIKE? n n Websites and E-mails Hate Literature Hate Music Student Alienation
WHAT DOES A HATE CRIME/BIAS AT SCHOOL LOOK LIKE? n n n n n 5 words (“I have nothing to say’) 14 Words (“We must secure the existence of our people and a future for white children”) 100% (An expression of an individual’s pure Aryan or white roots. ) SWP (Supreme White Power) KIGY (“Klansman, I greet you!”) WPWW (White Pride World Wide) ORION (A Ku Klux Klan saying ‘Our Race Is Our Nation”)
SCHOOL WIDE EMERGENCY RESPONSE TO HATE CRIMES
SCHOOL WIDE EMERGENCY RESPONSE FOCUS ON SAFETY FIRST Alert authorities Ø Follow school safety procedures Ø Restore order Ø Protect witnesses and informants Ø Take rumors of violence seriously Ø
SCHOOL WIDE EMERGENCY RESPONSE GET THE FACTS Look for signs of bias motivation Ø Take all reports of bias seriously Ø Gather information Ø Denounce false reports Ø
SCHOOL WIDE EMERGENCY RESPONSE DENOUNCE THE HATEFUL ACT AND ADDRESS FEARS AND CONFUSION Ø Issue a statement Ø Keep parents informed Ø Designate one individual to handle outside inquiries Ø View the media as allies Ø Address faculty and staff concerns Ø Encourage respectful behavior
SCHOOL WIDE EMERGENCY RESPONSE INVOLVE EVERYONE IN FINDING SOLUTIONS Ø Prepare a detailed summary of events Ø Encourage an open discussion (faculty/students/community) Ø Make counseling available for students and staff Ø Give students a leadership role
SCHOOL WIDE EMERGENCY RESPONSE PROVIDE SUPPORT FOR VICTIMS Ø Confer with the victim’s family Ø Use extreme sensitivity Ø Express regret Ø Encourage student outreach Ø Be sensitive to privacy concerns in antigay incidents
SCHOOL WIDE EMERGENCY RESPONSE ENFORCE APPROPRIATE CONSEQUENCES FOR OFFENDERS Ø Involve the family of the offender Ø Involve a teacher whom the offender respects Ø Incorporate affirmative measures into “punishment” Ø Strive to change biased attitudes Ø Seek student input
ANY QUESTIONS?
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