Zero Tolerance for…well, pretty much everything.

Jim | California | Wednesday, August 18th, 2004

Kids expelled for ‘rejecting’ each other?
Lawyer challenges MVUSD’s proposed harassment policy
Harassment policy to be reworked

The Murrieta Valley Unified School District is enacting the singularly most restrictive and ridiculous ‘hate crime’ style policy I’ve ever encountered. In an effort to prevent bullying and in response to a possibly racially motivated fight last year they are prepared to implement school policies to forbid students from being mean or making others feel excluded.

The [Pro-Family Law Center] says national race-based organizations came to the district to propose language for the policy, which prevents students from forming or openly participating in groups that tend to exclude, or create the impression of the exclusion of, other students.

“Based on a plain reading of the proposed regulation, a student could be expelled for simply claiming to be a member of La Raza (’The Race’), a Latino organization, or for playing rap music near white students,” said the law group’s statement.

Under the policy, [vice president of legal affairs for the center and MVUSD parent Richard D.] Ackerman says, no group would be allowed to engage in any behavior that makes others “feel left out.”

The jocks can’t get together to talk about sports because that would make the geeks feel left out. The geeks couldn’t discuss something from programming class because that is almost sure to intimidate a less technology savvy student. Drama club? No way. Any club is by its nature exclusive as it is a gathering of people with similar tastes or objectives. Say goodbye to Band as well as the A/V club. These all exclude people who do not follow the groups’ basic objectives.

The proposal defines and prohibits racial, sexual and religious harassment and bullying of any sort. It also describes how students and staff may be disciplined for such conduct and how they may file a complaint if they believe they have been victimized, according to the proposal.

Ackerman particularly targets the bullying harassment clause in the policy. He says it tramples on students’ freedom of speech rights, and calls it “almost beyond rational comprehension.”

The bullying portion lists actions such as spreading unpleasant stories about someone, rejecting someone, and excluding someone from social groups as constituting harassment if the behavior creates a hostile environment or interferes with a student’s ability to work, among other factors.

“Common sense dictates that inclusion, rejection and exclusion from/in social groups is a normal and defining part of the school experience,” he said.

Ackerman makes an error of scope here. Social groupings are not merely a part of the school experience, they are an integral part of life. If we took this policy and extended it to the real world the first victims would be the Democratic and Republican parties, followed a nanosecond later by every other political and special interest group. Perfect non-partisanship may be part of a Utopian dream but it has no place in our actual society. Pushing this sort of farcical socialism on students can only do them harm once they leave the artificial construct this school board seeks to create.

The board voted after almost two hours of often passionate discussion from the public. Some people said the policy would protect students from bullying, and would give teachers and staff a concrete outline to follow in cases of harassment and discrimination.

Jim Woodward, a local gay-rights activist, said some studies have shown students hear up to 25 slurs against gay people per day during school. He said the policy would be an important step in establishing consequences for such behavior.

If this proposed policy ever became reality Jim could very quickly say goodbye to the Gay-Straight Alliance, Gay Pride Day and every other single support mechanism for homosexual students excepting private consultation with a guidance councilor. So could every other special interest group because there WILL BE somebody who is offended by it. That’s human nature too.

The Board of Trustees voted last Thursday to hold off on implementing the policy by a very narrow 3-2 vote.

The Murrieta Valley School District’s Board of Trustees voted 3-2 to have the district’s attorneys take another look at the changes and determine whether the policy would withstand legal challenges that it could violate the free speech and free association clauses of the First Amendment.

Trustees Austin Linsley and Margi Wray voted to approve the proposal. The policy will come back before the board after the staff reviews it and revisions the staff and board members suggested prior to the meeting.

They did NOT reject the policy. They sent it back to the lawyers to see if it was legally defensible. They like the policy but are concerned that they won’t be able to enforce it. They do not have a problem with the obvious violations of student rights so long as they can make it stick. Frankly I find these people reprehensible.

The other three Board members are President Kenneth Dickson and members Paul Diffley and Kris Thomasian. I hope that interested parties will let all five of them know how they feel about this proposed policy before it comes up for a re-vote.

(Tip credit to Joanne Jacobs)

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