Portland Public Schools recognizes the diversity and worth of all individuals and groups and their roles in society. All individuals and groups shall be treated with fairness in all activities, programs and operations, without regard to age, color, creed, disability, marital status, national origin, race, religion, sex or sexual orientation.¹

Guide To Policies, Rules and Procedures On
Student Responsibilities, Rights and Discipline

Harassment, Sexual Harassment, Intimidation, Hazing and Bullying

Harassment or discrimination against persons on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex or sexual orientation is prohibited and is subject to school discipline. Students shall avoid any conduct or action that could be characterized as harassment, intimidation, or bullying.

Bullying/Harassment (student to student) includes intimidating, coercing, threatening, or any other act that is repeated or severe and substantially interferes with a student’s educational opportunities, or performance.

Bullying/Harassment Includes But Is Not Limited To:

• Threatening, insulting, demeaning, or systematically excluding any student or group of students in such a way as to disrupt or interfere with the District’s mission or the education of any student.
• Inciting or creating a hostile educational environment.
• Placing a student in reasonable fear of physical or social/emotional harm or damage to the student’s property.
• Physically harming a student or damaging a student’s property.²
• Bullying and harassment can include any form of harassment using electronic means.

Hazing

Hazing is any activity that recklessly or intentionally endangers the mental health, physical health, or safety of a student for the purpose of initiation or membership in or affiliation with any student group, organization, or class. “Endanger the physical health” shall include, but not be limited to, any brutality of a physical nature or other forced physical activity that could adversely affect the physical health or safety of the individual. “Endanger the mental health” shall include any activity that would subject an individual to extreme mental stress such as forced conduct that could result in extreme embarrassment or any other forced activity that could adversely affect the mental health or dignity of the individual.³

Any hazing activity, whether by an individual or a group, shall be presumed to be a forced activity even if a student willingly participates.

Reporting Harassment, Sexual Harassment, Intimidation, Hazing and Bullying

Each school will have a prompt and confidential system for receiving, investigating, and resolving reports of harassment, sexual harassment, intimidation, hazing, and bullying. Students, who believe they have been harassed, sexually harassed, intimidated, hazed, or bullied are encouraged to immediately inform a teacher, counselor, administrator, or other school staff.

Retaliation against students or staff members who report sexual harassment or participate in an investigation of sexual harassment is prohibited. All incidents of retaliation should be immediately reported to the building principal or area director.

Dress Code

Appropriate dress contributes to a positive learning environment. The responsibility for the dress and grooming of a student rests primarily with the student and his or her parents/guardians.

Students may be directed to change dress or grooming if it:

• interferes with the learning process or school climate,
• is unclean, or threatens the health or safety of the student or others,
• is sexually suggestive (examples include bare midriffs, visible under-garments, plunging necklines, see-through materials, or sagging pants),
• is alcohol, tobacco, or other drug related (including advertising or advocating the use of such products),
• is vulgar, lewd, obscene or plainly offensive,
• is insulting, and/or demeaning to a particular person or group,
• is indicative of gang activity or membership.

Schools may impose additional dress code or uniform requirements.⁴ Families will be notified of such requirements by the school.

1. See definition of "sexual orientation" in the Oregon Non-Discrimination Law above.
2. See Oregon Non-Discrimination Law regarding "Hate Crime" protections.
3. "Forced conduct" may include requiring a student to dress in a manner that does not reflect their gender identity/expression or requiring them to use a restroom facility that does not correspond to their gender identity. All students should continue to be allowed to use the restroom that corresponds with their gender identity.
4. In practical and historical application, school dress and uniform codes are based on a student's gender identity/expression and not on a student's physical anatomy. This should continue to be the defining variable in implementation and enforcement of school dress and/or uniform codes.

The district shall not discriminate on the basis of an individual's race, color, religion, gender, sexual orientation, national origin, disability, marital status, age or other categories protected by law or because of the race, color, religion, gender, sexual orientation, national origin, disability, marital status or age of any other persons with whom the individual associates.

The district will maintain a school climate which is free from discrimination, ethically wholesome, safe and healthy.

Every student of the district will be given equal educational opportunities regardless of age, race, religion, color, disability, marital status, sexual orientation or national origin.

Further, no student will, on the basis of sex, be excluded from participating in, denied the benefits of, or subjected to discrimination under any educational program or activity conducted by the district. The district will treat its students without discrimination on the basis of sex as this pertains to course offerings, counseling, employment assistance and co-curricular/extra-curricular activities.

Student Records:

The district annually notifies parents of all students, including adult students, currently in attendance that they have the right to:

• Inspect and review the student’s records.
• Request the amendment of the student’s educational records to ensure that they are not inaccurate, misleading or otherwise in violation of the student’s privacy or other rights.¹
• Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that the student educational record rules authorize disclosure without consent. (See Board policy JOB – Personally Identifiable Information).
• File with the U.S. Department of Education a complaint concerning alleged failures by the district to comply with the requirements of the Family Educational Rights and Privacy Act; and
• Obtain a copy of the District's education records policy.

1. Student records should reflect (at the request of the student and their parent), the student’s right to express their gender identity as they experience it. This includes not only their gender designation but the use of names and pronouns that correspond to their gender identity and expression.

It’s the latest battleground in the culture wars. In the wake of several high-profile cases holding school districts liable for failing to protect gay, lesbian, bisexual, and transgender (GLBT) students from peer harassment, many schools have adopted training programs intended to reduce harassment and promote acceptance of GLBT students.

Some parents find these programs objectionable because they conflict with their deeply held religious belief that homosexuality¹ is sinful, and they don’t want the schools to undermine their parental authority by teaching a contrary lesson.

A Federal court in Kentucky recently struggled to resolve this conflict.

In the Kentucky case, a federal district court ruled that parents don’t have the right to have their children opt out of mandatory "student diversity training" designed to stop the harassment of GLBT students. The program adopted by the Board of Education of Boyd County, Kentucky, consists of a one-hour video, followed by comments from an instructor and questions from students.  Students who refuse to attend receive an unexcused absence.

The parents had claimed that the training violated their right to practice their religion because the diversity training "promoted values contrary to their religious beliefs" and "attempted to change [their children’s] religious and ideological views regarding homosexuality."

The court disagreed. Merely exposing students to "views [that are] contrary to their religious beliefs" does not infringe on their religious freedom, the court said. Plus, there was no evidence that any student "was compelled to disavow his or her religious beliefs" or to "endorse homosexuality."

The court also ruled that the program did not violate the plaintiffs’ "parental rights" to direct the upbringing and religious training of their children. Parents, the court held, have no "fundamental right to dictate curriculum," even where they may have "genuine moral disagreements with the school’s choice of subject matter."

These lessons of tolerance can and should be taught without assailing religion.

TransActive Tip:
One way school districts can fulfill their obligation to provide a safe learning environment for gender non-conforming students is to mandate anti-harassment training.

Faith Resources

The Community of Welcoming Congregations (CWC) is an Oregon and SW Washington interfaith ministry and advocacy organization working toward full inclusion and equality for transgender, lesbian, bisexual, gay and questioning persons.

Our work brings together people of faith who believe in the inherent dignity and worth of every person.

Contact info:
Tel: 503-665-8741
Email: office@welcomingcongregations.org

Portland-area faiths and denominations that have shown acceptance and support for transgender and gender non-conforming children/youth include:

Specific member congregations can be found here.

The Oregon Safe Schools and Communities Coalition (OSSCC) seeks to create safe schools and communities where every family can belong, every educator can teach, and every child can learn regardless of actual or perceived sexual orientation or gender identity. The OSSCC believes that all youth deserve to feel safe and welcome in our schools and communities.

Tel: 503-232-4556
http://www.oregonsafeschools.org

Additional Resources

Pacific Northwest:
Basic Rights Oregon

Legal:
Gay, Lesbian and Straight Education Network (GLSEN)

American Civil Liberties Union (ACLU)

Tips for Educators:
Gay, Lesbian and Straight Education Network (GLSEN)

Southern Poverty Law Center – Teaching Tolerance

Gender Public Advocacy Coalition

Respect & Safe Zone Posters