Berkeley Unified School District is committed to providing a safe learning environment that protects students from discrimination, harassment, intimidation, bullying, and other behavior motivated by a person’s hostility towards another person’s real or perceived ethnicity, national origin, immigrant status, sex, gender, sexual orientation, religious belief, age, disability, or any other physical or cultural characteristic.
Berkeley Unified School District recognizes that hate-motivated behavior is the most dangerous manifestation of intolerance. It has a stronger impact on victims than any other type of misconduct as it affects entire communities. Hate-motivated behavior has a dehumanizing impact and instills fear far beyond the boundaries of a school, district, or city. As such hate-motivated behavior is destructive to both individual freedoms and community safety.
Defining Hate-Motivated Behavior
Hate-motivated incidents are acts motivated by biased and prejudice based on real or perceived ethnicity, national origin, immigrant status, sex, gender, sexual orientation, religious belief, age, disability, or any other physical or cultural characteristic that have a negative impact but do not involve a criminal action. These can include but are not limited to racial slurs, verbal name calling, expression of hostility, hate speech, the display of offensive materials on one’s property, the distribution of hate materials in public places, and the posting of hate materials that does not result in property damage.
Hate-motived violence (hate crimes) is a criminal act motivated by bias and prejudice based on real or perceived ethnicity, national origin, immigrant status, sex, gender, sexual orientation, religious belief, age, disability, or any other physical or cultural characteristic. These acts include threats of or physical injuries to an individual or damages to property (Cal. Ed. Code § 233(e)). Hate-motivated violence comprises two distinct elements: it is an act that constitutes an offense under criminal law; and in committing the act, the perpetrator acts on the basis of prejudice or bias.
Reporting Incidents of Hate-Motivated Behavior
Any student or parent/guardian or staff member who believes that they are a victim of hate-motivated behavior is strongly encouraged to report the incident to the school site principal, vice principals, counselor, teacher or any trusted adult as soon as possible in writing or verbally. When reporting any incidents it is important to provide as much information as possible, including but not limited to: description of the incident, location, date, time and names of any staff members or students involved in order to ensure that the incident can be investigated and addressed adequately.
Any reported incidents received by our school sites will be promptly investigated in accordance with district policies.
If the student, parent/guardian or staff member would like to report an incident involving a school site administrator or if they feel that the school site did not address their concerns appropriately, they can file a uniform complaint with the Civil Rights and Compliance Office directly.
For resources and information regarding how and when to file a complaint, please contact the Civil Rights and Compliance Office at:
District Civil Rights and Compliance Office
2020 Bonar Street, Room 117, Berkeley, CA 94702
Phone: (510) 486-9338; Email: complaints@berkeley.net
Documents
Board Resolution in Support of United Against Hate Week in Berkeley
Board Resolution Denouncing Hate Crimes and Bigotry Targeting Asian Americans and Pacific Islanders
Hate Motivated Behavior Board Policy 5145.9
Uniform Complaint Procedures Form (Fillable PDF)
Uniform Complaint Procedure Board Policy 1311
Uniform Complaint Procedure Administrative Regulation 1311