U.S. Commission on Civil Rights

Appendices

APPENDIX 1

Act 120 (Anti-Harassment and Hazing Law of 2000, Vt. Stat. Ann. tit. 16 565)

565. Harassment and hazing prevention policies

(a) It is the policy of the state of Vermont that all Vermont educational institutions provide safe, orderly, civil and positive learning environments. Harassment, hazing and bullying have no place and will not be tolerated in Vermont schools. No Vermont student should feel threatened or be discriminated against while enrolled in a Vermont school.

(b) Each school board shall develop, adopt, ensure the enforcement of, and make available in the manner described under subdivision 563(1) of this title harassment and hazing prevention policies which shall be at least as stringent as model policies developed by the commissioner. In this section, the definitions of educational institution, organization, pledging, and student shall be the same as those in section 140a of this title.

(1) The harassment prevention policy shall include:

(A) A statement prohibiting harassment of a student.
(B) The definition of harassment pursuant to subdivision 11(a)(26) of this title.
(C) Consequences and appropriate remedial action for staff or students who commit harassment.
(D) A procedure that directs students and staff how to report violations and file complaints.
(E) A procedure for investigating reports of violations and complaints.
(F) A description of how the board will ensure that teachers and other staff members receive training in preventing, recognizing and responding to harassment.

(2) The hazing prevention policy shall include:

(A) A statement that hazing, as defined in subdivision 11(a)(30) of this title, is prohibited.
(B) A procedure that directs students and staff how to report violations and file complaints.
(C) A procedure for investigating reports of violations and complaints.
(D) Circumstances under which hazing may be reported to a law enforcement agency.
(E) Appropriate penalties or sanctions, or both, for organizations which or individuals who engage in hazing, and revocation or suspension of an organization's permission to operate or exist within the institution's purview, if that organization knowingly permits, authorizes, or condones hazing.
(F) A description of how the board will ensure that teachers and other staff members receive training in preventing, recognizing and responding to hazing.

(c) Each school district shall establish rules setting forth procedures for dealing with harassment and hazing of students which include:

(1) Annual designation of two or more people within the institution to receive complaints and a procedure for publicizing those people's availability.

(2) A procedure for publicizing the availability of the Vermont human rights commission and the federal Department of Education s Office of Civil Rights and other appropriate state and federal agencies to receive complaints of harassment.

(3) A statement that acts of retaliation for reporting of harassment or for cooperating in an investigation of harassment is unlawful pursuant to subdivision 4503(a)(5) of Title 9.

(d) Annually, prior to the commencement of curricular and cocurricular activities, the school board shall provide notice of the policy and procedures developed under this section to students, custodial parents or guardians of students, and staff members. Notice to students shall be in age-appropriate language and should include examples of harassment and hazing. At a minimum, this notice shall appear in any publication of the school district that sets forth the comprehensive rules, procedures and standards of conduct for the school. The board shall use its discretion in developing and initiating age-appropriate programs to effectively inform students about the substance of the policy and procedures in order to help prevent harassment, and hazing.

(e) The commissioner shall develop and, from time to time, update model harassment and hazing prevention policies.

APPENDIX 2

Conclusions and Recommendations from the Vermont Advisory Committee's 1999 Report, Racial Harassment in Vermont Public Schools

At its November 1997 community forum, the Vermont Advisory Committee received information from parents, students, State government officials, and community organization representatives concerning incidents of racial harassment in both elementary and secondary public schools. The testimony gathered at the forum leads the Committee to believe that racial harassment is widespread and pervasive in and around the State's public schools and is a reflection of overall race relations in the State. The Committee is deeply concerned for the safety and welfare of all students, particularly minorities, who at times must confront these acts without assistance from school officials and State agencies. Panelists described the public schools as unfriendly and hostile to the needs of minority students, a setting wherein racial slurs, epithets, and physical assaults occur. Panelists also described the general ostracism of minority students from the total school community. As a result, minority students experience fear in attending schools and are reluctant to participate in school activities, adversely affecting their academic performance.

According to many panelists, a climate of insensitivity exists in Vermont communities whereby residents exhibit general intolerance to others of different racial and ethnic backgrounds. This reality has served to inhibit the entire State's ability to develop a level of sensitivity to civil rights issues unrelated to racial harassment. The Committee fears that the detrimental effects of racism will be evidenced in today's students long after completion of a particular school year and graduation from the public school system. As students leave the school system, many maintain their racial stereotypes and may perpetuate harmful attitudes towards minorities and feelings of animosity to others in the community. In addition, students who have experienced racial harassment will likely exhibit negative self-esteem, lowered self-confidence, and a sense of estrangement. These feelings may persist into adulthood and contribute to racial tensions in other contexts.

As schools play a major role in making positive changes for a community, it is vital that an emphasis be placed on ensuring that attitudes of racial intolerance are corrected at an early age. Messages of tolerance and sensitivity to minority concerns, transmitted to students and staff, can positively influence Vermont residents and can play a role in changing a culture of intolerance that currently exists. The following conclusions and recommendations are offered by the Advisory Committee to summarize the report's major findings and to provide proactive suggestions for Vermont leaders and educators.

Conclusion 1
Racism in Vermont Communities

According to many panelists, acts of harassment, bigotry, and violence have been directed at members of all racial and ethnic minority groups and frequently occur in the public schools. The Committee believes that these acts are merely a symptom of racism that is embedded within the larger Vermont community. As in many other States, racism has permeated into the very fabric of Vermont life, undermining residents ability to contribute to the productivity and stability of the State. It has also added to the statewide difficulty to launch and sustain vigorous civil rights protection for minority residents (chapter 1, pp. 1 4, chapter 2, pp. 6 8, 11 13, 15 19, 20 30, 31 33, 48 50).

Recommendation 1.1

State officials, civil rights and civic organizations, religious organizations, and business leaders must alert Vermont citizens that racism continues to exist in the State, adversely affecting both minority and nonminority citizens in schools, the workplace, and in everyday interaction. State and community leaders must actively help develop a consensus that racism is no longer acceptable and must be eliminated. Recognizing that this goal takes a sustained effort over a long period of time, government, advocacy, business, and religious organizations must develop a long-range, coordinated plan to deal with the problem statewide.

Conclusion 2
Elimination of Racial Harassment as a Statewide Priority

As the numbers of minority students increase in the State, information gathered at the forum and followup research suggest there will be a concurrent rise in the number of racial harassment incidents and that these incidents will not be adequately dealt with by school administrators or State agencies. Although there have been efforts by the State legislature to address this issue, it has not become a priority among school administrators, school boards, elected officials, and State agencies charged with civil rights enforcement. In some instances, administrators and government leaders have denied the existence of the problem and do not acknowledge the need for improvements in overall race relations within the State. The business community and private groups (who possess the knowledge and expertise in dealing with harassment) have not elevated the debate to the State level to direct public attention and promote meaningful solutions. Although the Committee repeatedly offered school administrators and government leaders an opportunity to present their viewpoints on the issue, only two administrators attended the forum, while one organization (and one government official) submitted written materials to the Committee subsequent to the event. Their failure to respond, the Committee believes, is a reflection of general indifference and denial or avoidance of the problem of racial harassment (chapter 2, pp. 5, 8 11, 13 14, 17, 27 29, 44 47).

Recommendation 2.1

As Vermont's minority population increases, State officials, civil rights and civic organizations, and business leaders must join forces to enhance community awareness that racial harassment in public schools is a statewide problem adversely affecting minority and nonminority students alike. The problem deserves immediate attention by all segments of the Vermont business, education, and religious communities. The Governor should provide direct and coordinated organization and leadership to raise the collective consciousness to the problem of racial harassment. It is only through coordination and broad community involvement that improvements will be made. Business and government agencies should pool their resources to develop appropriate educational programs and teaching plans, promote community outreach events, and issue public service announcements. Organizations that should lend their support include economic development agencies, the business roundtable, civic clubs, religious organizations, local chambers of commerce, and Vermont teachers/superintendents unions. These organizations, in coordination with State officials, should strive to promote a deeper understanding in every sector of the State of the debilitating effects of racism upon minority and majority students, school staff, and the surrounding community.

Conclusion 3
The Need for School-Based Responses to Incidents of Racial Harassment

According to some panelists, even when alleged instances of racial harassment occur in schools, it has been reported that administrators are reluctant to accept them as racial incidents and may deny the existence of racial bias in the public schools. Panelists reported that this problem may be due to administrators lack of training and ability to recognize and effectively respond to racism in the schools. Training that has been provided to teachers and administrators may not be successful in raising the consciousness or sensitivity of persons in the school system to problems of racial bias. Although administrators are dedicated to their profession, many purportedly exhibit an inability to deal with persons of other races, lacking an understanding on how to instruct students on ways to cope with cultural differences. As a result, administrators may fail to take appropriate steps to discipline the perpetrators of racial harassment and lack skills to remedy the problem (chapter 2, pp. 5 6, 8 11, 13 14, 27 29, 44 47, 51).

Recommendation 3.1

State lawmakers, local school boards, and administrators should support diversity in the public schools and actively strive to eliminate racial and other forms of harassment. More specifically, the State Board of Education and the Commissioner of the Vermont Department of Education should allocate sufficient resources to provide preservice and in-service training for all teachers, thus underscoring the importance of the prevention of racial harassment. The goal of all training should be to develop a class of teachers who anticipate potential situations wherein harassment may occur and can act swiftly to remedy the problem. Training should include techniques to identify and prevent harassment in school settings and proper instruction on how to immediately resolve incidents when they are witnessed by staff or called to their attention. All training should stress the importance of school-based resolution of the problems so that referral of the incident to State agencies is viewed as a last resort.

Conclusion 4
The Ineffectiveness of Existing State Law to Address Racial Harassment and Compliance by School Boards

Existing State law is deficient in addressing the problem of racial harassment on a systemwide basis. Vermont's Anti-Harassment in Education law does not grant the Vermont Department of Education direct oversight responsibility for supervisory unions and local school boards with regard to racial harassment issues. In addition, the law does not provide any penalty provisions for the department to impose sanctions in the event particular boards fail to develop or implement antiharassment policies and procedures. As found by the U.S. Department of Education's Office for Civil Rights, various school boards have not adopted provisions of the State model harassment policy and, in some cases, even neglected to adopt any policy. At present, schools report on the existence of racial harassment on a voluntary basis to their local school boards. Because this information is potentially damaging to the school, administrators may be reluctant to assess voluntarily their school's compliance with the objectives of the statute, disciplinary actions, or the existence of racial tensions (chapter 1, p. 3, chapter 3, pp. 54 55).

Recommendation 4.1

The legislature should amend the Anti-Harassment in Education law to give the State Board of Education and the commissioner administrative and enforcement oversight authority over race-related issues in school districts so that stronger enforcement mechanisms and appropriate sanctions can be developed. This will enable the Department of Education to determine whether school boards have failed to develop and implement antiharassment polices and procedures that conform to the State model. Directing the commissioner to impose stricter standards for oversight should improve better data collection and reporting and compliance with the Anti-Harassment in Education law by individual schools.

Recommendation 4.2

The State Board of Education should make the elimination of harassment against any student a major agenda item of the State school system. The State Board should require disciplinary action for students who harass their peers. The disciplinary action should be commensurate to the severity of the offense and students should be aware that repeat offenses will result in greater consequences. The State board should lead the systemwide effort to instill in teachers a greater appreciation of minority student concerns. The State board should actively support a comprehensive training program on the State policy, the State Anti-Harassment in Education law, and proper disciplinary options that could stop racial harassment from occurring. The State board should ensure that this training program has taken place and report annually to the Governor and legislature on training programs implemented in State schools.

Recommendation 4.3

Schools should report their compliance with the Anti-Harassment in Education law in their annual school report submitted to the Vermont Department of Education. The commissioner should require all school boards to compile and report the number of minority students, the number of racial harassment incidents in each school, the type of disciplinary actions imposed upon the perpetrators, and the victim's satisfaction with the resolution process. This information will enable department staff to assess progress by keeping a record of:

1. The total number of complaints registered with schools, school boards, supervisory unions and/or the Human Rights Commission.

2. Whether perpetrators receive appropriate disciplinary action for acts of harassment.

3. Whether supervisory unions, school boards, school districts, and individual schools employ effective measures to prevent racial harassment incidents.

4. Whether schools experiencing a high number of incidents have endeavored to improve the overall school climate.

5. Individual outcomes of cases. Every effort should be made to ensure that information collected will remain confidential.

Recommendation 4.4

The Vermont Department of Education should consider developing an incident report form for distribution and use in schools. This form will allow parents and victims to communicate formally instances of racial harassment to school personnel, record their understanding of the incident (including responses by school staff), and suggest ways to ameliorate the situation. Once completed by the parent, the form can be used by administrators and/or Vermont State enforcement agencies to resolve the case.

Recommendation 4.5

The Vermont Commissioner of Education should report annually to the Governor and legislature on systemwide compliance with the Anti-Harassment in Education law and make the results of this report available to the public.

Conclusion 5
Inadequate Staffing at the Vermont Department of Education

The Vermont Department of Education brought to the Committee's attention serious staff shortages and limited resources available to the department to combat the problem of racial harassment. Because of this staff shortage, it is difficult for the department to set the elimination of racial harassment as a statewide priority and conduct statewide assessments of the effectiveness of local efforts to promote bias-free school environments. It also becomes difficult for the department to help districts implement professional development programs around this issue and serve as a source for local schools for technical expertise (chapter 3, pp. 55 57).

Recommendation 5.1

The Commissioner of the Vermont Department of Education should create at least one full-time staff position within the department solely to address racial harassment and promote racial and ethnic tolerance. This staff person would assess the overall success or failure of a school's attempts to promote a bias-free environment and assist school districts. The Advisory Committee recommends that the commissioner request additional funds from the legislature to support this initiative. We also recommend that the legislature approve this request for increased funds.

Recommendation 5.2

The Commissioner of the Vermont Department of Education should mandate that schools develop and provide each parent with information on ways to register their complaints with either the Vermont Department of Education, the Human Rights Commission, or the U.S. Department of Education's Office for Civil Rights. The information should describe what steps each educational entity and State enforcement agency must take when complaints are received and the level of monitoring and followup that will occur.

Conclusion 6
Use of Racially Biased Curriculum Material and Lesson Plans

Serious curriculum issues exist in the State's public schools. In some instances, teachers employ curriculum materials and lesson plans that promote racial stereotypes. There appears to be no statewide effort to ensure that the Vermont school curriculum is free of racial bias (chapter 2, pp. 10 14, 18 20, 31 34, 43 44, app. 7).

Recommendation 6.1

The Vermont Department of Education should take a leadership role in developing and disseminating to all school districts comprehensive, age-appropriate curricula that celebrate diversity, teach respectful behavior to all people, and develop skills to handle conflict.

Recommendation 6.2

Vermont schools should incorporate multicultural learning materials in individual schools that reflect the diversity of the State population and not simply the diversity present in the individual classroom in any given school year. Schools should endeavor to promote better tolerance among students by incorporating into lesson plans anti-bias curricula and information regarding diversity issues.

Recommendation 6.3

The Commissioner of the Vermont Department of Education and local school boards should develop a joint task force to assist school reviews of curriculum materials. The commissioner and school boards should notify schools when they are found to be using a curriculum that promotes racial stereotypes.

Recommendation 6.4

The Advisory Committee encourages schools to conduct mandatory teacher and staff training on the issues of racial harassment and proper curriculum selection and development.

Conclusion 7
Reviews and Assessments Pursuant to the Equal Educational Opportunity Act

The 1997 Equal Educational Opportunity Act (Act 60) is an effort by State legislators to equalize school funding across school district lines and to promote overall school quality. The act mandates the Commissioner of the Vermont Department of Education to conduct assessments of each school to determine if educational opportunities are substantially equal to those provided in other schools. However, the act is silent on the issue of racial harassment of minority students and the reporting by each school of its efforts to prevent racial harassment and foster safe and harassment-free environments (chapter 3, pp. 54 55).

Recommendation 7.1

The Advisory Committee urges the Commissioner of the Vermont Department of Education to include in his school quality determination an assessment of the existence of bias-free learning environments in each school.

Conclusion 8
Difficulties in Processing Complaints by the Vermont Human Rights Commission

The Vermont Human Rights Commission, the only State agency specifically empowered to investigate racial harassment incidents, does not have sufficient resources to address effectively incidents in the schools once they are reported. When complaints are made to the agency, parents of minority students experience long delays between the time a complaint is filed and a reasonable grounds determination is made. This is due in part to the small number of staff and the infrequency in which commissioners meet to discuss cases. Even when the commission issues a reasonable grounds finding, additional delays may occur while an appropriate remedy is fashioned by the agency, victim, and school district. For this reason, minorities are reluctant to come forward with their concerns and feel that assistance from State agencies will not be forthcoming. The experience of persons dealing with the Human Rights Commission is that they are not informed of the status of their complaints. This has resulted in frustration by parents. In addition, complaint processing delays often have serious implications for students who must confront harassment on a daily basis. In some instances, a parent who files a complaint at the beginning of a school year may not receive notice from the Human Rights Commission that it has found reasonable grounds supporting a charge of discrimination until a substantial portion of the school year is over. It is also likely that some charges may not be investigated and completed before a student graduates from elementary to middle, or middle to high school. Assuming the perpetrator is approximately the same age as the victim, the student(s) perpetrating the harassment may end up in the same school (or classroom) as the victim. Parents reported that having to start over with administrators in the new school is problematic, given the fact that they are not aware of the severity of the perpetrator's previous offenses or their effect upon the victim. Parents at the forum underscored that it is at this time when their children are most vulnerable for repeat instances of racial harassment (chapter 2, pp. 11 13, 22 27, chapter 3, pp. 57 61).

Recommendation 8.1

The Vermont Human Rights Commission should request (and the legislature provide) increased funding so that it can commit sufficient resources to the timely resolution of racial harassment complaints in public schools. Given the damaging effects upon children and the community at large, racial harassment complaints should be given high priority. When incidents of harassment are reported and accepted by the commission, staff should immediately communicate with the victim's parents in writing to inform them of anticipated processing time and steps that will be taken on their behalf. Commission staff should make every effort to process complaints in a timely manner and seek to expedite resolution of the charge. Commission staff should promptly convene a meeting with the victim, the perpetrator, and his or her parents to gather information and remedy the problem.

In the event both the perpetrator and victim have matriculated into the same school, the commission should ensure that administrators are informed of the perpetrator's prior conduct. Throughout the commission s investigation, staff should contact parents monthly to inform them of the ongoing status of their complaint.

Recommendation 8.2

The Vermont Department of Education should develop a coordinated system to process racial harassment complaints in public schools. The department should work with the Human Rights Commission and the U.S. Department of Education's Office for Civil Rights to accomplish this objective. This information sharing system should include the periodic reporting by agencies of their intake and disposition of racial harassment cases. The agencies should develop a comprehensive brochure describing the roles and responsibilities of each agency and the complaint resolution process that can be distributed to parents, teachers, and students. These efforts will assist in eliminating confusion experienced by parents who initiate a complaint to public agencies.

APPENDIX 3

Statement of Concern, Racism and Harassment in Vermont Public Schools and Communities, Vermont Advisory Committee, October 2002

In its 1999 report, Racial Harassment in Vermont Public Schools, the Vermont Advisory Committee to the U.S. Commission on Civil Rights (the Committee) concluded that racial harassment was both frequent and common across all grade levels and that school personnel were ill equipped and poorly trained to respond appropriately to incidents. The Committee recommended changes for the Vermont Department of Education, local school boards, and public officials, as well as legislative improvements. The report evoked resonance within the civil rights community and served as a key reference on the topic. Indeed, soon after the report was released, a groundswell of activity commenced through advocacy organizations, education officials, church groups, and parents to better monitor racial tensions in schools to ensure safe learning environments and act upon many of the Committee's recommendations.[1]

Since releasing its report, the Committee continued its interest in the topic of racial harassment and racism, embarking on a new series of activities to renew attention to this problem. In September 2002, the Committee wrote to educators, public officials, education association members, and organization representatives seeking update information about racial harassment in schools and how legislative and grassroots initiatives succeeded or failed to achieve their desired goals. To gather additional information, the Committee is planning town hall style meetings in various parts of the state in the coming months beginning with Burlington on November 20, 2002, followed by other meetings in 2003. The town hall meetings will create an opportunity for the Committee to learn more about progress as well as problems in addressing racial harassment in schools. These meetings will also facilitate open discussion of the issues between community leaders, local officials, and the public. Afterward, the Committee plans to issue a summary statement of concern based on the information it collects both at the town hall meetings and from responses to its written inquiries. The summary statement will provide an update on selected topics raised in its 1999 report, including current efforts to address racism and racial harassment in the state, and successful exemplary programs that may be considered as possible solutions or models in the future. 

The Committee issues this statement to provide a context and starting point for discussion and action, and makes the following observations:

• The Committee believes that problems cited in its 1999 report persist despite significant efforts to find solutions. Moreover, the Committee believes that racism and racial harassment in schools are symptoms of a much larger problem of intolerance in Vermont communities.

• The Committee has learned of severe harassment cases, which may have been exacerbated by school administrators failure to respond effectively to end harassing conduct. The Advisory Committee is concerned that, following incidents of harassment, schools may fail to protect the victim from further harassment and do not take effective disciplinary action against the perpetrator. This is inconsistent with state law mandating anti-harassment procedures implemented by school boards.

• The Vermont Department of Education and various education/professional associations instituted laudable programs to both respond to incidents and improve overall school climate.[2] The Department has begun a safe schools project and a character education project to help start mediation sessions in schools; and education associations have informed their members of the problem and conducted training and discussion groups. However, staffing resources and assistance offered to schools may not be enough to address the problem on a systemic, statewide basis. We are interested in probing into the reasons for these deficiencies. The Committee believes that schools should strive to implement best practices and use all available resources.

Most of the efforts by schools and educational and community organizations to address racial harassment have been aimed at increasing understanding of and respect for diversity. This is a critically important goal, and it is appropriate that schools take the lead in the effort, since schools are our best hope for promoting social change and a better future for our children. However, the Committee is concerned that fostering awareness of diversity may be confused with the equally important goal of confronting racism, racial bullying, and other forms of discriminatory harassment. Achieving this goal requires a determined effort to enforce anti-harassment policies and to deal forthrightly with racial harassment and bullying incidents as well as other forms of discriminatory behavior. Schools are legally required to make this effort, which is also necessary to ensure a safe learning environment for all students. 

The Vermont Advisory Committee to the U.S. Commission on Civil Rights

The U.S. Commission on Civil Rights is an independent, bipartisan agency of the federal government. Its members, appointed by the President and Congress, are Chairperson Mary Frances Berry, Vice Chairperson Cruz Reynoso and Commissioners Jennifer C. Braceras, Christopher Edley Jr., Peter N. Kirsanow, Elsie M. Meeks, Russell G. Redenbaugh, and Abigail Thernstrom. Les Jin is staff director. Ki-Taek Chun is director of the Eastern Regional Office. The Commission has advisory committees in all states and the District of Columbia to assist in its fact-finding function. Committees receive reports, suggestions, and recommendations from individuals, public and private organizations, and public officials, and forward advice and recommendations to the Commission. The Vermont Advisory Committee is one of 51 such committees whose members serve without compensation. 

Members of the Committee are Chairperson Eric D. Sakai of Randolph, Wanda M. Arce of Milton, Hugo Mart nez Caz n of Burlington, Kimberly B. Cheney of Montpelier, M. Jerome Diamond of Montpelier, Pat Elmer of Alburg, Melanie S. Gustafson of Burlington, Philip H. Hoff of Burlington, Noah Kitty MAHL of Brattleboro, Charles E. Memusi Johnson of Thetford, Michael P. Reilly of Burlington, Christopher D. Roy of Burlington, Karen F. Saudek of East Montpelier, and John Tucker of Burlington. For additional information about the Committee's upcoming activities contact:

Eric Sakai
Chairperson
Vermont Advisory Committee
U.S. Commission on Civil Rights
802-828-0133 (Voice)
sakaie@mail.ccv.vsc.edu

Marc Pentino
Eastern Regional Office
U.S. Commission on Civil Rights
624 9th Street N.W. Suite 500
Washington, D.C. 20425
202-376-7533 (Voice) 202-376-7548 (Fax)
mpentino@usccr.gov

APPENDIX 4

List of Government Officials, Community Organization Representatives, and Educators Receiving the Committee's Questions

Government Officials

• VT Human Rights Commission (Robert Appel, director)

• VT Department of Education (Commissioner Ray McNulty)

• VT Attorney General Civil Rights Unit (Katherine A. Hayes, dir., assistant AG) (former)

• VT Department of Public Safety Criminal Information Center (Max Schlueter, director)

• VT State Police (Lt. Col. Thomas A. Powlovich, director, Lt. Craig Iverson, director of training)

Community Representatives

• First Unitarian Universalist Society (Rev. Gary Kowalski)

• CEROS/United Way (Heather Iorio, coordinator)

• ReVisions (Merryn Rutledge, president)

• VT American Civil Liberties Union (Benson Scotch, executive director)

• VT Institute for Science, Math and Technology, (Kathy Johnson, director of equity initiatives)

• VT Legal Aid (Eric Avildson, executive director)

• VT State Center for Independent Living (Deborah Lisi-Baker, executive director)

Education Unions/Associations

• VT Principals Association (Scott Blanchard, executive director)

• VT Superintendents Association (Jeff Francis, executive director)

• VT School Boards Association (Edith Miller, executive director)

• VT National Education Association (Angelo Dorta, president) 

School Districts 

• Burlington School District (Betsy Liley, grants & special projects director)

• Chittenden Central Supervisory Union (Michael Deweese)*

• Franklin Central Supervisory Union (Terence Keating, assistant superintendent)

• Chittenden East Supervisory Union (Gail Conley, superintendent)

• South Burlington School District (Bruce Chattman, superintendent)

• Colchester School District (Pamela Carnahan, superintendent) 

• Windham Central Supervisory Union (Cheryl Ruth)*

• Addison Rutland Supervisory Union (Ronald Ryan, superintendent)

• Rutland Central Supervisory Union (John Kaldy, superintendent)

• Washington Central Supervisory Union (Robbe Brook, superintendent)

 * Indicates no response.

APPENDIX 5

Questions to Government Officials, Community Organization Representatives, and Educators

VT Human Rights Commission
(Robert Appel, director)

With regards to incidents of harassment and hazing in public schools, we have the following 4 questions.

1. Please describe the circumstances that prompted the Commission to make racial harassment in public schools a top enforcement priority. Given this priority, what has the Commission done or plan to do to meet its objectives?

2. Which state agencies examine and evaluate the effectiveness of Vermont law on harassment and hazing in the public schools and communities? Please describe what work the Commission has done in this area.

3. In what ways has the Commission's efforts to eliminate harassment in Vermont schools and communities been hampered by inadequate funding or staffing, or limited jurisdiction? What legislative changes or new legislation would the Commission or staff suggest to improve existing civil rights laws in Vermont?

4. When students encounter harassment, some ultimately file lawsuits against schools for civil rights violations.

a) How many lawsuits have been filed against schools either by parents, students, the Commission, or outside parties in each of the last 5 years?

b) In those schools that have been sued, what changes have taken place since the lawsuit?

c) What resources and assistance does the Commission provide to help schools bring about changes when sued?

The Committee is also interested in getting information regarding the overall racial climate in the state. 

5. Please provide the number of incidents of harassment or racial tension reported to you during each of the last 5 years. How do you learn of incidents are they reported directly to you, referred by other agencies, etc.? There may be incidents reported in the media but not reported to you as a complaint. If there were, please provide the number of incidents you learned of for each of the last 5 years.

6. Please describe the routine information sharing that exists between the Human Rights Commission, the Department of Education, the Vermont Attorney General's Office, school personnel, and other state agencies concerning incidents of harassment and racial tension.

7. The Committee learned of the Commission's plans to disseminate information to the public on harassment, how to file a complaint, legal remedies, etc. What actions is the Commission planning to take? 

VT Department of Education
(Ray McNulty, commissioner) 

1. Which state agencies examine and evaluate the effectiveness of Vermont law on harassment and hazing in the public schools and communities? Please describe what work the Department has done in this area.

2. Under Vermont law 16 VSA 565, each school board is required to adopt and enforce anti-harassment and hazing policies.

a) How does the Department monitor whether or not schools are in compliance with the law?

b) How many schools are in compliance? 

3. Under Vermont law 16 VSA 164, the state board of education is required to submit annual reports regarding the numbers and types of harassment or hazing complaints and responses to those complaints. 

a) How do you collect information needed for this report? 

b) Please provide a copy of these reports for each of the last 3 years.

4. Under Vermont law 16 VSA 165, schools must develop and implement a comprehensive plan to meet school quality standards including plans to ensure a safe, orderly, and civil environment that is free from harassment. School boards are required to report annually to their community how individual schools meet this standard.

a) Does the Department monitor this reporting?

b) What proportion of schools are complying with this requirement?

c) If the Department does not monitor this reporting, which agency or entity does?

5. When students encounter harassment, some ultimately file lawsuits against schools for civil rights violations.

a) How many lawsuits have been filed against schools either by parents, students, the Department, or outside parties in each of the last 3 years?

b) In those schools that have been sued, what changes have taken place since the lawsuit?

c) What resources or assistance does the Department provide to help schools bring about change when sued?

6. Please describe the Department's programs designed to help teachers, superintendents, principals and staff to respond to harassment and hazing incidents, including

a) the number, frequency, and duration of training sessions statewide provided in the last 3 years, and 

b) the target audience.

7. In what ways has the Department's efforts to eliminate harassment in Vermont schools and communities been hampered by inadequate funding or staffing, or limited jurisdiction? What improvements would you recommend in existing state law or state board of education policies, rules, practices, and activities to eliminate harassment in public schools?

8. Under the Framework of Standards and Learning Opportunities (issued in Fall 2000), schools strive to meet agreed upon goals or objectives. What proportion of schools have developed or implemented programs to reach goals regarding: cultural expression (4.3), effects of prejudice (4.4), concepts of culture (6.13), and diversity (6.14)?

9. The Department has instituted a safe schools project and received a grant for a character education project following new state law mandating safe and healthy learning environments. 

a) To what extent have these programs achieved their goals?

b) Is the level of staffing and funding sufficient to achieve the goals and respond to the concerns expressed in the minority community regarding harassment in schools?

c) Please describe the mediation or alternative dispute resolution services conducted by the project coordinators in the past 3 years in public schools to resolve harassment/hazing incidents. How useful do you think they were?

Please provide the Committee with a copy of the 2001 school quality standards report(s).

VT Attorney General Civil Rights Unit 
(Katherine A. Hayes, director, assistant AG) (former)

1. Please provide the number of incidents of harassment, racial tensions, or hate crimes the attorney general's office received for each of the last 5 years? What proportion of these is school related?

2. The 1999 amendments to the Vermont Hate Crimes Act expand the ability of victims of hate crime victims to seek injunctions in Superior Court. 

a) Please provide information on the number of injunctions sought, and the nature of the relief requested.

b) Which state or local agency collects this information? 

c) How does the attorney general assist victims seeking injunctions? 

3. We understand that the Attorney General's office plans to provide assistance to the Vermont Department of Education to address schools failure to adopt policies and procedures to stop harassment. Please provide details regarding this assistance including when the assistance will begin. 

VT Department of Public Safety
(Dr. Max Schlueter, director, Criminal Information Center) 

1. In the Committee's 1999 Racial Harassment in Vermont Public Schools report, we noted the Center's collection of bias-related crime data (including assaults involving students in public schools and colleges) from state and local police departments. What is the number of bias-related crimes reported during each of the last 5 years, disaggregated by race, age of victim, and location (i.e., primary, secondary, or post-secondary schools)?

VT State Police
(Lt. Col. Thomas A. Powlovich, director)

1. In the past it was reported that some police officers are not trained to recognize, or fail to accurately classify, hate crimes in official police reports. What training is provided to address this issue including the ability to recognize criminal acts that may be racially motivated?

2. When officers respond to school-based violence or racially motivated incidents in schools, what policies or procedures govern the action of responding officers? Is this response to school-based incidents different than that employed outside the school setting?

cc: Lt. Craig Iverson, director of training

COMMUNITY REPRESENTATIVES
Unitarian Universalist Society 
CEROS/United Way 
ReVisions
VT ACLU 
VT Institute for Science, Math and Technology 
VT Legal Aid 
VT State Center for Independent Living

1. With regard to racial harassment in schools, in what proportion of these cases has your organization become involved in by providing assistance, contacting victims, referrals to other agencies, etc.?

2. How many cases or incidents has your organization referred to the Vermont Human Rights Commission in the last 3 years? In what proportion of these cases does the Human Rights Commission provide feedback to your organization on the case outcomes?

3. What support do you provide to students and families of students who are the victims of racial harassment? In what proportion of cases are you able to provide support?

4. Are you aware of the Department of Education's safe school and character education projects? If so, do you think they have been effective in preventing future harassment incidents? 

5. Please describe programs or practices your organization has tried in the state to address racial harassment and racism, and/or promoting equity, anti-racism, and diversity which you found useful and are willing to repeat?

EDUCATION UNIONS/ASSOCIATIONS
Scott Blanchard, executive director, VT Principals Association
Jeff Francis, executive director, VT Superintendents Association
Edith A. Miller, executive director, VT School Boards Association 
Angelo J. Dorta, president, VT National Education Association

1. What collaborative efforts has your organization (and its standing committees or local affiliates) made with community groups to eliminate harassment in schools?

2. Describe your organization's work since 1999 to improve racial tensions in Vermont schools and increase awareness of the problem among your standing committees or local affiliates. 

3. In the past 3 years, has your organization conducted surveys of racial tensions or school compliance with anti-harassment and hazing laws? If so, can you provide us with the results? 

SCHOOL DISTRICT SUPERINTENDENTS
(Addison, Chittenden, Burlington, Rutland, Washington) 

1. With regard to racial harassment and hazing in schools, 

a) what mechanisms are in place to track the frequency of incidents, and 

b) how many incidents have occurred in schools in your district in each of the last 3 years? 

2. As you know, state law requires an investigation of allegations of harassment. How many investigations were conducted in your district for each of the last 3 years?

3. When students encounter harassment, some ultimately file lawsuits against schools for civil rights violations.

a) How many lawsuits have been filed against schools either by parents, students, the district, or outside parties in each of the last 3 years?

b) In those schools that have been sued, what changes have taken place since the lawsuit?

c) What resources does your district provide to help schools bring about change?

4. By law, school boards are required to have harassment prevention policies in place. What proportion of schools in your district have a policy as required? How do you monitor compliance by individual schools? 

5. Since 1999, what support does school principals, teachers, or staff in your district provide to parents of students following incidents of harassment? What training has been provided to school principals, teachers, or staff to respond to harassment incidents and prevent their future occurrence?

6. For your district as a whole, please describe the staff resources allocated to address harassment issues as a proportion of total staff resources and full-time and equivalent staff? 

7. Have schools in your district sought the advice of community groups as resources in developing effective harassment prevention strategies, If so, how have they sought this advice and what were their suggestions?

8. Does your district use particular curriculum or materials to enhance the understanding of different cultures and civil rights concerns? If so, what materials or curriculum have been used? What curriculum changes, if any, would you say are needed to help promote school environments free of harassment?

9. We assume the issue of racial harassment is a matter of interest to you. How do you assess its presence and prevalence in schools in your district? Do you speak with principals, staff, and students, or do you conduct surveys? What else do you do?

10. In what ways has the district's efforts to eliminate harassment in Vermont schools and communities been hampered by inadequate funding or staffing, or limited jurisdiction or legal bases? What improvements would you recommend in existing state law or school district policies, rules, practices, and activities to eliminate harassment in public schools?

APPENDIX 6

Excerpts from Vermont House of Representatives Journal, May 22, 2003, Second Reading of House Bill 113

On motion of Rep. Symington of Jericho, the rules were suspended and House bill, entitled An act relating to harassment in schools; Appearing on the Calendar for notice, was taken up for immediate consideration.

Rep. Hingtgen of Burlington, for the committee on Education, to which the bill had been referred, reported in favor of its passage when amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 16 V.S.A. 11(a)(26) is amended to read:

(26) Harassment means unlawful harassment which conduct that constitutes a form of unlawful discrimination. It means verbal, written, visual, or physical conduct based on or motivated by a student's actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation or disability and which that has the purpose or effect of objectively and substantially undermining and detracting from or interfering with a student's educational performance or access to school resources or creating an objectively intimidating, hostile or offensive environment. Harassment includes:

(A) Sexual harassment which is also a form of unlawful harassment and means conduct that includes unwelcome sexual advances, requests for sexual favors and other verbal, written, visual, or physical conduct of a sexual nature when one or both of the following occur:

(A)(i) Submission to that conduct is made either explicitly or implicitly a term or condition of a student's education.

(B)(ii) Submission to or rejection of such conduct by a student is used as a component of the basis for decisions affecting that student.

(C) The conduct has the purpose or effect of substantially interfering with a student's educational performance or creating an intimidating, hostile or offensive educational environment.

(B) Racial harassment which means conduct directed at the characteristics of a person's actual or perceived race or color, and includes the use of epithets, stereotypes, racial slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, and taunts on manner of speech and negative references to racial customs.

(C) Harassment of members of other protected categories which means conduct directed at the characteristics of a person's actual or perceived creed, national origin, marital status, sex, sexual orientation, or disability and includes the use of epithets, stereotypes, slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, taunts on manner of speech, and negative references to customs related to any of these protected categories.

Sec. 2. 16 V.S.A. 14 is added to read:

14. HARASSMENT; NOTICE AND RESPONSE

(a) An educational institution that receives actual notice of alleged conduct that may constitute harassment shall promptly investigate to determine whether harassment occurred.

(b) In regard to claims brought pursuant to 9 V.S.A. chapter 139, if after notice, the educational institution finds that the alleged conduct occurred and that it constitutes harassment, the educational institution shall take prompt and appropriate remedial action reasonably calculated to stop the harassment.

(c) As used in this section:

(1) Educational institution means a Vermont public or independent school or a postsecondary school that offers or operates a program of college or professional education for credit or degree in Vermont.

(2) Designated employee means an employee who has been designated by an educational institution to receive complaints of harassment pursuant to 16 V.S.A. subdivision 565(c)(1) of this title or in accordance with the harassment policy of a postsecondary school.

(3) Notice means information that has been provided to a designated employee from another employee, the student allegedly subjected to the harassment, another student, a parent or guardian, or any other individual who has knowledge of the alleged conduct.

Thereupon, the bill was read the second time and the report of the committee on Education was agreed to. Pending the question, Shall the bill be read the third time? Rep. Hingtgen of Burlington moved to commit the bill to the committee on Judiciary, which was agreed to.

APPENDIX 7

Vermont House of Representatives Bill 113 as Originally Introduced (2003 2004 Session)

[Underlined and stricken text shows where the bill proposes to amend previous laws.]

Introduced by Representative Larson of Burlington
Referred to Committee on January 30, 2003
Subject: Education; public accommodations; harassment

Statement of purpose: This bill proposes to expand the definition of harassment in schools and other public accommodations to clarify the meaning of sexual and racial harassment; require that school harassment policies include a provision that a person who commits harassment and a school or school district in which harassment is committed may be liable in civil court; specify elements of harassment prevention training required for teachers; require that the commissioner of education certify school civil rights officers appointed by each school board; clarify that a right of action exists in the public accommodations law for harassment that takes place in a school; and provide an affirmative defense for a school official who promptly responds to a harassment complaint.

AN ACT RELATING TO HARASSMENT IN SCHOOLS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 16 V.S.A. 11a(26) is amended to read:

(26) Harassment means unlawful harassment which constitutes a form of discrimination. It means verbal or physical conduct or behavior based on a student s or motivated by a perceived race, creed, religion, color, ancestry, national origin, marital status, sex, sexual orientation, place of birth, age, or disability and which has the purpose or effect of substantially interfering with a student's educational performance or creating an intimidating, hostile or offensive environment. Harassment includes:

(A) Sexual harassment is also a form of unlawful harassment and which means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

(A) Submission to that conduct is made either explicitly or implicitly a term or condition of a student's education.

(B) Submission to or rejection of such conduct by a student is used as a component of the basis for decisions affecting that student.

(C) The the conduct or behavior has the purpose or effect of either creating an intimidating, hostile, or offensive school environment or substantially undermining and detracting from or interfering with a student's educational performance or creating an intimidating, hostile or offensive educational environment access to the school's resources and activities.

(B) Racial harassment, which means unwelcome verbal, written, or physical conduct directed at the characteristics of a person s actual or perceived race or color, such as using nicknames emphasizing stereotypes, racial slurs, comments, insults, or taunts on manner of speaking and negative references to racial customs when such conduct or behavior has the purpose or effect of either creating an intimidating, hostile, or offensive school environment or substantially undermining and detracting from or interfering with the student's educational performance or access to the school's resources and activities.

Sec. 2. 16 V.S.A. 565(b)(1) is amended to read:

(1) The harassment prevention policy shall include:

(A) A statement prohibiting harassment of a student.

(B) The definition of harassment pursuant to subdivision 11(a)(26) of this title.

(C) Consequences and appropriate remedial action for staff or students who commit harassment, and the school and school district in which the harassment was committed. Consequences may include an action for injunctive relief or for civil joint and several liability, or both, pursuant to 9 V.S.A. 4506(e). Prompt and appropriate remedial action taken by an employee or agent of the school or school district which is reasonably calculated to stop the harassment shall constitute an affirmative defense to a claim. Nothing in this section shall prohibit corrective action or discipline of a student, school employee, or school agent for conduct which is harassment but does not rise to the level of unlawful harassment.

(D) A procedure that directs students and staff how to report violations and file complaints.

(E) A procedure for investigating reports of violations and complaints.

(F) A description of how the board will ensure that teachers and other staff members receive training in preventing, recognizing and responding to harassment. At a minimum, training shall include techniques for:

(i) documenting the report of an incident of potential harassment;

(ii) acting immediately when an incident is reported;

(iii) providing support to a person who has been harassed and ensuring that the person is not subject to retaliation;

(iv) taking prompt and appropriate remedial action to end the harassment; and

(v) reporting to the parent or guardian as soon as possible, using means allowed within confidentiality laws, the result of an investigation and the remedial action taken.

(G) A process for reporting the number and types of complaints of harassment, including the results of investigations and the responses to both the state board of education and the Vermont human rights commission.

 Sec. 3. 16 V.S.A. 565(c) is amended to read:

(c) Each school district shall establish rules setting forth procedures for dealing with harassment and hazing of students which include:

(1) Annual designation of two or more people within the institution to receive complaints and a procedure for publicizing those people's availability.

(2) A procedure for publicizing the availability of the Vermont human rights commission and the federal Department of Education's Office of Civil Rights and other appropriate state and federal agencies to receive complaints of harassment.

(3)(2) A statement that acts of retaliation for reporting of harassment or for cooperating in an investigation of harassment is unlawful pursuant to subdivision 4503(a)(5) of Title 9.

Sec. 4. 16 V.S.A. 656(d) is amended to read:

(d) Annually, prior to the commencement of curricular and cocurricular activities, the school board shall provide notice of the policy and procedures developed under this section to students, custodial parents or guardians of students, and staff members. Notice to students shall be in age-appropriate language and should include examples of harassment and hazing. At a minimum, this notice shall appear in any publication of the school district that sets forth the comprehensive rules, procedures and standards of conduct for the school and shall be posted prominently in an area of the school routinely visited by students and staff. The board shall use its discretion in developing and initiating age-appropriate programs to effectively inform students about the substance of the policy and procedures in order to help prevent harassment, and hazing.

Sec. 5. 16 V.S.A. 567 is added to read:

567. CIVIL RIGHTS OFFICERS

(a) Annually, each school district board shall forward to the commissioner the names of two or more school employees for each school in its district who are to be designated as school civil rights officers to receive and investigate complaints of harassment and hazing. The commissioner shall give a certificate of appointment to each officer. If a board fails to recommend officers, the commissioner, after 30 days notice in writing, shall appoint two civil rights officers for each school in the district.

(b) A school board of a school district which maintains more than one school may appoint two civil rights officers for the entire district with permission of the commissioner.

(c) The commissioner may remove a school civil rights officer at any time for cause. Vacancies shall be filled in the same manner as the original appointment.

(d) The commissioner, in collaboration with the human rights commission and the attorney general, shall offer annual training to all school civil rights officers. The training shall include a review of the provisions of law relating to harassment and hazing in a school, a description of model hazing and harassment policies developed by the commissioner, and guidance on receipt, investigation, and resolution of complaints of harassment and hazing.

Sec. 6. 9 V.S.A. 4506(e) is added to read:

(e) A person aggrieved by a violation of this chapter involving harassment, as defined in 16 V.S.A. 11(26), in a school may bring an action for injunctive relief and compensatory and punitive damages and any other appropriate relief against the school, school district, and perpetrator of the harassment, who shall be jointly and severally liable in the event that the action is proven in the superior court of the county in which the violation is alleged to have occurred. The prompt and appropriate remedial action by an employee or agent of the school or school district which is reasonably calculated to stop the harassment shall constitute an affirmative defense to the claim.

Sec. 7. 21 V.S.A. 495d(1) and (13) are amended to read:

(1) Employer means any individual, organization, or governmental body including any partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, and any common carrier by mail, motor, water, air or express company doing business in or operating within this state, and any agent of such employer, which has one or more individuals performing services for it within this state. Agent of such employer includes a supervisor who acts in violation of this chapter or who has actual or constructive knowledge of unlawful conduct and who fails to take prompt appropriate remedial action. An agent of an employer shall be individually liable to the affected employee.

(13) Harassment means a form of discrimination which is unlawful verbal or physical conduct or behavior based on or motivated in whole or in part by a person's actual or perceived race, color, religion, ancestry, national origin, sex, sexual orientation, place of birth, age, or disability. Harassment includes:

(A) Sexual harassment, which is a form of sex unlawful discrimination and means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

(A)(i) submission to that conduct is made either explicitly or implicitly a term or condition of employment; or

(B)(ii) submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting that individual; or

(C)(iii) the conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment; and

(B) Racial harassment, which is a form of unlawful discrimination and includes unwelcome verbal, written, or physical conduct directed at the characteristics of a person's actual or perceived race or color such as using nicknames, emphasizing stereotypes, racial slurs, comments, insults, or taunts on manner of speaking, and negative references to racial customs when:

(i) submission to that conduct is made either explicitly or implicitly a term or condition of employment; or

(ii) submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting that individual; or

(iii) the conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.