Code: ACB
Adopted: 4/27/2021
Medford Campus:
EVERY STUDENT BELONGS
Every student is entitled to a high-quality educational experience, free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability or national origin.
Every employee is entitled to work in an environment that is free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability or national origin.
Every visitor is entitled to participate in an environment that is free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability or national origin.
“Bias incident” means a person’s hostile expression of animus toward another person, relating to the other person’s perceived race, color, religion, gender identity, sexual orientation, disability or national origin, of which criminal investigation or prosecution is impossible or inappropriate. Bias incidents may include derogatory language or behavior directed at or about any of the preceding demographic groups.
Kids Unlimited Academy strictly always prohibits bias incidents on KUA grounds or in any KUA- or school-sponsored program, service, school or activity.
“Symbol of hate” means a symbol, image, or object that expresses animus on the basis of race, color, religion, gender identity, sexual orientation, disability or national origin including, but not limited to, the noose, swastika, Ku Klux Klan symbology and emblems or confederate flag*, and whose display:
- Is reasonably likely to cause a disruption of or otherwise interfere with school activities; or
- Is reasonably likely to interfere with the rights of students by denying them full access to the services, activities, and opportunities offered by a school; or
- Is reasonably likely to cause mental or psychological harm.
Kids Unlimited Academy prohibits the use or display of any symbols of hate on KUA grounds or in any KUA- or school-sponsored program, service, school or activity that is funded in whole or in part by monies appropriated by the Oregon Legislative Assembly, except where used in teaching curriculum that is aligned to the Oregon State Standards. This includes, but is not limited to, the use of personal communication devices, electronic communication systems and KUA property as referenced in Policies JFCF, GBNA, JFCM, and IIBGA.
In responding to the use of any symbols of hate, KUA will use non-disciplinary remedial action whenever appropriate.
Board Policy Development – BF
*While commonly referred to as the “confederate flag,” the official name of the prohibited flag is the Battle Flag of the Armies of Northern Virginia.
KUA prohibits retaliation against an individual because that person has filed a charge, testified, assisted or participated in an investigation, proceeding or hearing; and further prohibits anyone from coercing, intimidating, threatening or interfering with an individual for exercising any rights guaranteed under state and federal law.
Nothing in this policy is intended to interfere with the lawful use of district facilities pursuant to a lease or license.
Kids Unlimited Academy will use administrative regulation ACB-AR – Bias Incident Complaint Procedure to process reports or complaints of bias incidents. END OF POLICY
Legal Reference(s): ORS 659.850 ORS 659.852 OAR 581-002-0005 OAR 581-022-2312 OAR 581-022-2370
Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969). Dariano v. Morgan Hill Unified Sch. Dist., 767 F.3d 764 (9th Cir. 2014). State v. Robertson, 293 Or. 402 (1982).
Cross Reference(s):
AC – Nondiscrimination
GBEA – Workplace Harassment
GBNA -Hazing/Harassment/Intimidation/Bullying/Menacing/Cyberbullying – Staff
GBN/JBA – Sexual Harassment
JBA/GBN – Sexual Harassment
JFCF – Hazing/Harassment/Intimidation/Menacing/Bullying/Cyberbullying/Teen Dating Violence/Domestic Violence – Student
JFCF -Hazing/Harassment/Intimidation/Menacing/Bullying/Cyberbullying/Teen Dating Violence/Domestic Violence – Student