ACB-AR - Bias Incident Complaint Procedure

Code: ACB
Adopted: 12/15/2020

Northwest Regional Education Service District is committed to equity and the success of each and every student. This commitment means we focus on attaining student outcomes that are not predicted by race, ethnicity, family economic status, mobility, language, country of origin, gender, gender expression, sexual orientation, disability, or zip code. 

Equity in education ensures inclusion and centers on social justice. Equity is not used interchangeably with principles of equality. Equity goes beyond equality where students are not simply given the same thing, but instead receive what they need to succeed. Thus, fostering an environment in which each and every student has an opportunity to access and succeed in a high-quality educational experience. 

Education is a core determinant factor in a student’s health, well-being, economic stability, civic involvement, and contribution to society. The creation of a more equitable and just society hinges on actualizing the principles of educational equity. In order to break the predictive link between student demographics and student achievement, the ESD will apply the principle of equity to all policies, programs, operations, and practices.  

All students are entitled to a high quality educational experience, free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability or national origin.

All employees are entitled to work in an environment that is free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability or national origin. 

All visitors are entitled to participate in an environment that is free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability or national origin.

“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.  

“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 , 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 ESD prohibits the use or display of any symbols of hate on ESD or school³ grounds or in any ESD- 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. 

In responding to the use of any symbols of hate, the ESD will use non-disciplinary remedial action whenever appropriate. 

The ESD prohibits retaliation against an individual because that person has filed a charge, testified, assisted or participated in an investigation, proceeding or hearing; and further prohibits anyone from coercing, intimidating, threatening or interfering with an individual for exercising any rights guaranteed under state and federal law. 

Nothing in this policy is intended to interfere with the lawful use of ESD facilities pursuant to a lease or license. 

The ESD will use administrative regulation ACB-AR - Bias Incident Complaint Procedure to process reports or complaints of bias incidents. 

END OF POLICY

Legal Reference(s):

• ORS 659.850 
• ORS 659.852 
• OAR 581-002-0005
• OAR 581-022-2312
• OAR 581-022-2370
• 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).