Harassment policy to be reworked

By: KELLY BRUSCH - Staff Writer | Thursday, August 12, 2004 10:23 PM PDT ∞

MURRIETA ---- The Murrieta school board narrowly voted Thursday to send a controversial anti-harassment policy back to district administrators because of concerns that the policy violates the First Amendment and because of last-minute changes made to the document.

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.

The policy is an outgrowth of several incidents involving fights between students last year, at least one of which Murrieta school officials say was racially motivated.

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, or allowing it, and how they may file a complaint if they believe they have been victimized, the proposal states.

Trustee Paul Diffley said a policy encouraging district employees to model respect at all times and stressing common sense and equal treatment for everyone, not just minority groups, would be more helpful than the proposed one.

"I think we're approaching this whole thing from the wrong direction," he said. "There can't be a rule for everything. We can't have people standing in groups to overhear conversations to see if those conversations are correct."

Trustee Austin Linsley balked at a statement from an audience member that the policy had been hastily created and was full of flaws.

"This policy was not generated carelessly. It's a product of a long, involved process," he said. "I have no hesitation that we are instituting a careless effort."

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.

"The careful teaching of hate in our public schools must stop," he said.

Other audience members said the policy was too broad and vague, and would open the district up to legal challenges.

Attorney Betty McMullen called the proposal "legally indefensible" and said it would never pass constitutional muster.

"The proposal will do nothing to guarantee an end to discrimination. It will do a lot to end the ability of students and faculty to have free discourse," she said. "It's an attempt to control the thinking of students."

Last year, several fights broke out between black and white students at Murrieta Valley High School, and in another incident, a white student used racial slurs. Two white students were convicted of hate crimes as a result of one of the attacks.

Although Murrieta school officials have said the incidents were isolated, they say there are issues involving race and harassment the district needs to do a better job of addressing.

Contact staff writer Kelly Brusch at (951)676-4315, Ext. 2626, or kbrusch@californian.com.