The policy is an outgrowth of several incidents involving fights between students last year, at least one of which Murrieta Valley Unified School District 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 and how they may file a complaint if they believe they have been victimized, according to the proposal.

Attorney Richard Ackerman, a partner in Lively and Ackerman of Temecula, wrote a letter to the Murrieta school board outlining his objections to the proposed policy.

In his Aug. 9 letter, Ackerman states that the rules will violate students' and employees' constitutionally protected rights, including freedom of speech, the right to gather with individuals of like backgrounds and philosophies and the right to exercise and hold religious beliefs.

"Frankly, this is one of the most disturbing proposals I have read in many years of public-interest litigation," Ackerman wrote. "…The proposed policy would violate the promises of the First Amendment and Due Process in an unprecedented way and is not legally acceptable."

Ackerman was out of town and unavailable for comment Tuesday, according to his secretary.

Some school officials backed the harassment policy, saying it is intended to create a positive environment in which children can learn. Others questioned whether the policy goes too far and violates First Amendment rights.

Trustees gave the policy preliminary approval at a previous meeting, with final approval to be considered at the board's 7 p.m. meeting Thursday at the district office, 41870 McAlby Court, Murrieta.

Ackerman stated in the letter that his firm will sue the Murrieta district if the board approves the policy Thursday.

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.

Trustee Austin Linsley said Tuesday that bullying, sexual, religious and racial harassment may be a part of our culture, but that doesn't mean the school district has to accept such behaviors.

"All this policy is saying is that the Murrieta Valley Unified School District is committed to doing everything possible to make sure those unfortunate parts of our contemporary culture don't have a negative impact on the ability of children to learn," he said. "Mr. Ackerman's letter would lead you to believe the district carelessly invented a policy without thinking about it's legal ramifications. That's not the case."

Board President Ken Dickson said he has been doing some research, and believes Ackerman raises some issues concerning whether the policy violates the First Amendment.

He said the policy is too broad and ambiguous, and he is looking at ways it might be reworded.

"There are serious issues when any government entity attempts to impinge on speech," Dickson said. "Shutting down all opposition is one way to have a safe institution, but that's not what the First Amendment is all about."

The policy defines certain types of prohibited harassment, outlines disciplinary procedures, and explains how students and employees may file a complaint.

Ackerman, who has championed conservative causes for the Escondido-based U.S. Justice Foundation, which successfully has sued school districts in the past, said the policy goes too far.

He said the proposal violates the First Amendment's free association clause.

"The proposed racial harassment policy blatantly makes it illegal for any student or group to freely associate with each other if the association can be construed as threatening to (others)," he wrote.

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.

Linsley said it is important to review that clause in its correct context. He said those actions, taken separately, may not constitute harassment, however, the policy only addresses the behaviors if they are meant to intimidate or are repeated and deliberately hurtful.

Ackerman also said he believes the possible consequences for engaging in such behavior are too harsh. Under the policy, students who harass or discriminate will "be subject to appropriate counseling and discipline, up to and including expulsion."

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