LEGAL DEPARTMENT

ACLU of Kansas & Western Missouri 3601 Main Street

Kansas City, MO 64L11

Tel. (816) 756,3113

Fax (816) 756,0136

AMERICAN CIVI~ LIBERTIES UNION Df KANSAS & WESTERN MISSOURI

March 9, 2010

Dr. Jeff Kyle, Superintendent Raymore-Peculiar School District 21005 S. School Rd.

P.O. Box 789

Peculiar, MO 64078

Re: Racial Harassment (February 3,2010 Noose Incident) Our File No.: 10-0002870

Dear Dr. Kyle:

As I am sure you are aware, Title VI of the Civil Rights Act of 1964 prohibits discrimination based on a student's race in schools receiving federal funds. I am writing you about the racial harassment incident that took place at Raymore-Peculiar High School on February 3,2010. Specifically, I am referring to the incident in which two white students approached an AfricanAmerican student, Devin Washington, and offered Devin a noose.

The interview you gave to KCTV 5 suggests to me that you do not understand the profound symbolic significance of the noose, especially when it is directed to an African-American student by white students. Specifically, when asked about the noose the students handed to Devin, you minimized the significance of this incident by saying "Yes, I guess you can call it a noose. I have visions of the long, large rope that they would hang them in the old west with. To me, that's a noose, but this was a smaller piece of string that you would have a hard time hurting anybody with." This indicates to me that you do not appreciate the serious nature of this incident. The size, color, and shape of the noose used in this incident are immaterial. Any noose carries with it the legacy of lynchings that have been used to terrorize blacks in America for over 150 years.

The Anti-Defamation League's website states that "[t]he noose has been used [by white supremacists] as a threatening symbol in a variety of contexts." The ADL's website also offers an excellent summary ofthe symbolic significance of the noose in American culture:

The hangman's noose has come to be one of the most powerful visual symbols directed against African-Americans, comparable in the emotions that it evokes to that of the swastika for Jews. Its origins are connected to the history of lynching in America, particularly in the South after the Civil War, when violence or threat of violence replaced slavery as one ofthe main forms of social control that whites used on African-Americans. The noose quickly became associated with the first Ku Klux Klan. In the early twentieth century, when the rise of the second Ku Klux Klan coincided with the height of lynching incidents (most of the victims of

Superintendent Jeff Kyle March 9, 2010

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which were African-American), the noose became cemented as a key hate symbol targeting African-Americans. The noose may appear as a drawing or rendering, but also quite common is the use of actual nooses to intimidate or harass AfricanAmericans- for example, by leaving one at someone's home or at their workplace.

http://www.adl.org/hate symbols/racist noose.asp.

As you may know, noose incidents in schools and elsewhere have been on the rise in recent years. In September 2007, National Public Radio aired a series of excellent stories about such noose incidents. On September 20,2007, NPR aired a story entitled "The Cultural Symbolism of the Noose." I particularly recommend that story to you.

The ACLU urges the Raymore-Peculiar School District to address this outrageous incident of racial harassment directly and immediately. Specifically, we strongly suggest that the RaymorePeculiar School District provide onsite training regarding racial harassment and its prevention to all of its students and staff including administrators. Such training should specifically address the noose incident directed at Devin Washington and should include information about the historic and symbolic significance of the noose for African-Americans. I have enclosed information regarding possible sources for this training, including information from Teaching Tolerance (www.tolerance.org) and from the website ofthe United States Department of Education's Office of Civil Rights. You could also get additional information from the Southern

Poverty Law Center. .

I would specifically request that you advise me of the timing and content of any sensitivity training the District has done or will do to address this serious problem. Thank you for your time and cooperation. Let me know if you have any questions about this letter or if you would like the ACLU of Kansas and Western Missouri to be involved in the training on this issue.

cc: Sarah Washington

u.s. Dept. of Education, Office of Civil Rights

Enclosures

The History Of Other Hate Symbols

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Published on Teaching Tolerance (http://www.tolerance.org)

Home> The History Of Other Hate Symbols

The History Of Other Hate Symbols

A recent wave of noose incidents - particularly those on school campuses - has raised alarm among adults and questions from young people.

Historical and modern day images often contain hidden messages about us, about others, and about our world. These subtle lessons lie just beneath the surface. In order to see them, we must replace passive consumption of images with critical analysis .... We must dig deeper. We must ask questions about why we perceive things the way we do.

Background for Teachers:

The Rhetoric of Hate: Racist Propaganda on the Internet

A high school English class turns detective, unmasking racist imagery and propaganda on the Internet.

A Research Project for Middle and Upper Grades:

I. Ask students to evaluate the symbols and graphics from the websites listed above. Then ask students the following questions about particular images:

1. What does this image represent?

2. What message does this image communicate? What are its intended goals?

3. Is this a negative or positive symbol? Is its present-day meaning similar or different than its historical meaning? (I.e., the inverted pink triangle was used in Nazi concentration camps to label gay male prisoners; today, the pink triangle has been reclaimed as a symbol of pride in the gay rights movement.) .

4. What group{s) of people might feel threatened, endangered or upset by seeing this image displayed?

5. What assumptions do hate groups make about their intended audience by including this image on their websites or in their literature?

6. What assumptions do people make - about their environment, their safety, the people around them, or the rules that govern their environment - by wearing this image on their clothing or displaying it on their vehicles or belongings?

7. Should people be allowed to wear or display this image in public? Should rules governing the display of hate symbols be more strict than rules for non-offensive symbols? How can we - as a school, as a nation - balance one person's right to freedom of expression with another person's right to be free from offensive, violent imagery?

II. Next, divide the students into triads and assign each group one symbol. Ask each triad to research the following questions:

1. What does this symbol represent? What message(s) does it communicate?

http://www.tolerance.org/print/activity/history-other-hate-symbols

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The History Of Other Hate Symbols

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2. How and when did this symbol start? Has its meaning or message changed over time?

3. What group(s) of people typically display(ed) and/or identify(ied) with this symbol?

4. What group(s) does this symbol tarqet? How does this symbol make them feel? Why?

5. Name three groups and/or individuals who fought against the message communicated by this symbol. What did they accomplish? What risks did they face? How do their action affect us today?

III. Each triad then should make poster displays of the people and/or groups identified in research question #4. Display these posters in the classroom and/or in the hallway, as a public celebration of people who worked to rep/ace hatred with respect and equality.

Related activities:

• The Rhetoric ot Hate 11]

• petting the StagSl' for Controversial TORics 12]

• Holocaust Education: Pink Triangles [3]

• Anti-Racism Activity: The Sneetches 14]

• No Laughing Matter [5]

• The Business of Controversial TORics [6]

• It Hap{)ened Here [7]

• "Who's Jim Crow?" [8]

• Emmett Till: A Classroom Sonnet [9]

Grades 6to 8 Gr?des 9 to 12 Social Studies About Us I Contact Us Priva_gy Information

Source U RL: http://www.toleranee. 0 rg/1'l.ctivity/h isto ry -oth e r ~hate-sy m bo Is

Links:

[1] http://www.tolerance.org/magazine/number-20-fall-2001/rhet~ric-hate [2] http://www.toleran ceo orq/activity /settin g-stage-controvers i a I-to pies

[3] http://www.tolerance.org/aetivity/holoeaust-education-pink-triangles [4] http://www.tolerance.org/activity/anti-racism-activity-sneetches

[5] http://www.tolerance.org/magazine/number-12-fall-1997/no-laughing-matter [6] http://www.tolerance.org/activity/business-controversial-topics

[7] http://www.tolerance. org/magazine/n umber -24- fall-2003!it -happened-here [8] hUp:IJwww.tolerance.org/magazinefnumber-16-fall-1999fwhos-jim-crow [9] http://www.toleranee.org/aetivity/emmett-till-classroom-sonnet

http://www.tolerance.org/print/activity/history-other-hate-symbols

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Training and Advisory Services - Equity Assistance Centers -- Printable

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ED PROGRAMS

Program Office: Office of School Support and Technology Programs

Search or print all Department programs.

CFDA Number: 84.0040

Program Type: Discretionary/Competitive Grants Also Known As: Equity Assistance Centers program

PROGRAM DESCRIPTION

Equity Assistance Centers are funded by the Department to provide technical assistance and training, upon request, in the areas of race, sex, and national origin to public school districts and other responsible governmental agencies to promote equitable education opportunities. The centers work in the areas of civil rights, equity, and school reform. This assistance helps schools and communities ensure that equitable education opportunities are available and accessible for all children.

TYPES OF PROJECTS

Typical activities include: (1) technical assistance in the identification and selection of appropriate education programs to meet the needs of limited English proficient (LEP) students; and (2) training designed to develop educators' skills in specific areas, such as the dissemination of information on successful education practices and the legal requirements related to nondiscrimination on the basis of race, sex, and national origin in education programs. Projects include technical assistance and training for education issues occasioned by school desegregation. The centers work with schools in the areas of harassment, bullying, and prejudice reduction. Centers also develop materials, strategies, and professional development activities to assist schools and communities in preventing and countering harassment based on ethnlclty or gender.

ADDITIONAL INFORMATION

The purpose of this program is to award grants (cooperative agreements) to operate ten regional equity assistance centers to provide technical assistance and training, at the request of school boards and other responsible governmental agencies, on issues related to equity in education to ensure that all children, regardless of race, gender, or national origin, have equal access to quality education and the opportunity to develop high academic standards in reading, math and other core subject areas.

The Equity Assistance Centers (EACs) are a resource for the Office for Civil Rights in working with school districts that have achieved unitary status. The EACs offer technical assistance to school districts, State education agencies, and others who seek to resolve civil rights conflicts and promote social justice and equity. More recently, they provide resources and training in the areas of hate crimes, racial prejudice, and bullying.

Typical activities include disseminating information on successful education practices and legal requirements related to nondiscrimination on the basis of race, sex, and national origin in educational programs; training designed to develop educators' skills in specific a reas such as identification of race and sex bias in instructional materials; technical assistance in the identification and selection of appropriate educational programs to meet the needs of limited English proficient students; and instructing school officials on how to prevent sexual harassment and combat biases.

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FAQS Racial Harassment -- Office for Civil Rights -- Printable

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Frequ~ntly Asked QuestionsClbolJ~ RadalHcuas~mel'1t

Why is OCR concerned with racial harassment?

Harassment of students due to race, color, and national origin is a disturbing phenomenon in elementary and secondary education as well as at colleges and universities as shown by the growing number of complaints the Office for Civil Rights (OCR) receives on this issue. This trend is a major concern because of the profound educational, emotional and physical consequences for the targeted students.

Examples of racial harassment that OCR has dealt with include racially motivated physical attacks, racial epithets scrawled on school walls, and organized hate activity directed at students.

What is a racially hostile environment?

A racially hostile environment may be created by oral, written, graphic or physical conduct related to an individual's race, color, or national origin that is sufficiently severe, persistent or pervasive so as to interfere with or limit the ability of an individual to participate in or benefit from the recipient's programs or activities.

Federal civil rights laws are intended to protect students from discrimination, not to regulate the content of speech. OCR is sensitive to First Amendment concerns that may arise in the course of addressing racial harassment complaints and takes special care to avoid actions that would impair the First Amendment rights of an institution's students and employees.

What are the responsibilities of schools and colleges?

Prohibited discrimination occurs when a recipient condones, tolerates or allows a racially hostile environment that it knows about or when recipient's employees treat students differently because of their race.

How does OCR help eliminate racial harassment against students?

OCR enforces Title VI, which prohibits discrimination based on a student's race, color and national origin in schools and colleges receiving federal funds. OCR investigates and resolves complaints alleging that educational institutions that are recipients of federal funds have failed to protect students from ha rassment based on race, color or national origin. Complaints are often resolved by agreements requiring schools to adopt effective anti-harassment policies and procedures, train staff and students, address the incidents in question, and to take other steps to restore a nondiscriminatory environment.

In addition to resolving complaints by students and their parents, OCR takes steps to inform schools of their obligation to provide a nondiscriminatory environment. On March 10,1994, OCR published policy guidance (59 Federal Register 11448) which explained the legal principles requiring educational institutions that receive federal funds to take steps reasonably calculated to stop harassment when it occurs and prevent recurrence.

OCR's field offices also engage in a variety of technical assistance activities in collaboration with state and local education and law enforcement agencies to encourage educational institutions to improve their anti-harassment policies and procedures and to assist students and their parents to work with schools to enhance the schools' anti-harassment capability.

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Checklist -- Office for Civil Rights -- Printable

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Checklist for a Compreh~:msive !,-ppro('ich tel Addressing Harassment

• Board members, district administrators, and the superintendent recognize the urgency of the problem of unlawful harassment and hate crime, identify people and agencies that can help them develop effective prevention and response strategies, and compile a library of useful materials

• School officials select personnel to work on creating an effective anti-harassment program in consultation with parents, students, and community groups

• Compliance coordinators are appointed and trained

• School personnel assess the school climate to determine the prevalence and types of harassment that may exist and the potential for hate-motivated violence

• School district adopts a written anti-harassment policy or reviews and revises existing policies for accuracy, clarity and legal complia nee; the policy is clearly communicated to all members of the school community; and school personnel and students are held accountable for their actions

• School district develops a formal grievance procedure and takes steps to make sure it is working properly

• Instructional personnel use or supplement the district's curriculum and pedagogical strategies to foster respect and appreciation for diversity

• School sites institute, improve, or expand age appropriate student activities to prevent or reduce prejudice and conflict

• School district and individual school sites institute specific measures to respond immediately and effectively when harassment occurs to stop the harassment and prevent recurrence

• School officials flexibly apply response mechanisms to both the victim and the perpetrator, taking into account the parties' ages and the context of the behavior

• School personnel continually monitor the school climate and promptly address problems that could lead to harassment or violence or that indicate that harassment could be occurring

• Appropriate school officials become familiar with pertinent civil and criminal laws at the state, local, and federal levels, so that they are able to recognize possible civil rights violations, hate crimes and other criminal acts

• Schools develop quidellnes and procedures for collaboration with law enforcement offlcials, make appropriate referrals to outside agencies, and destqnate liaison personnel

• Crisis intervention plans are in place to minimize the possibility of violence or disruption of the educational process

• District-level personnel and individual school Sites form continuing partnerships with parents and the community to prevent hate crimes and harassing behaviors

• Staff training and professional development programs support the district's anti-harassment efforts

• All harassment incidents are carefully documented and incidents are reported to outside authorities as required

• District regularly assesses the effectiveness of its anti-harassment efforts

http://www2.ed.gov/printlaboutloffices/list/ocr/checklist.html

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Checklist -- Office for Civil Rights -- Printable

Source: Protecting Students from Harassment and Hate Crime, A Guide for Schools, January 1999

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