New school discipline guidelines aim to improve school climates

After transgender student Jewlyes Gutierrez complained to an administrator about being bullied and harassed at Hercules High last fall, the alleged bully returned to class the next day, where the harassment continued and escalated until a fight eventually broke out. Gutierrez and her tormentors were suspended.

Like many school districts across the country, the West Contra Costa district is struggling to create discipline policies that are fair to all students, while also attempting to cut down on suspensions and expulsions, especially for students of color. Guidelines released jointly on Wednesday by the U.S. departments of Education and Justice could help districts such as West Contra Costa find a reasonable balance between coming down hard on misbehavior and letting students get away with transgressions with few repercussions.

“Effective teaching and learning cannot take place unless students feel safe at school,” said U.S. Secretary of Education Arne Duncan in a news release. “Positive discipline policies can help create safer learning environments without relying heavily on suspensions and expulsions.”

The federal guidelines include a letter that outlines how schools can administer student discipline without discrimination, a “guiding principles” document that delves into research and best practices, a directory of school climate and discipline resources and a compendium of school discipline laws and regulations.

“A routine school disciplinary infraction should land a student in the principal’s office, not in a police precinct,” said Attorney General Eric Holder, in a news release. “This guidance will promote fair and effective disciplinary practices that will make schools safe, supportive and inclusive for all students.”

The treatment of Gutierrez could be an example of what the new federal guidelines are trying to address.

Contra Costa County deputy public defender Kaylie Simon, who is representing Gutierrez, said her client is being further victimized by being prosecuted for misdemeanor battery by the district attorney’s office. She said the school is in a better position to understand and accommodate the needs of all its students without getting the courts involved.

“Just because the district attorney’s office can prosecute something, doesn’t mean they should, or that it’s in the best interest of a child and society to pursue,” Simon said. “If we take a step back and look at what are our community’s needs and society’s needs, it would be something much different from becoming a delinquent in the court system. That can cause more harm than (good). I also wonder what message does it send to people who bully when someone who is a victim is prosecuted?”

Gutierrez’ case came on the heels of a report from the federal Office of Civil Rights in September that found rampant sexual harassment in the West Contra Costa school district where Hercules High is located. In 2009, the district gained national notoriety when one of its students was gang-raped outside a dance at Richmond High.

West Contra Costa school trustees plan to unveil new discipline policy revisions later this month and say they are also committed to fostering school climates where students feel safe and respected.

Charles Ramsey, President of the West Contra Costa school board, said the district had already drafted new policy revisions to be unveiled Jan. 29. He welcomed the recommendations and said he would ask staff to review it, as the district prepares to hire a new Title IX Educational Equity Director.

“We’re excited about the revisions and to be able to really show the community and families how we’re responding to issues that need to be addressed,” he said. “We’re being very forward-thinking and looking ahead to how we can ensure that school climate improves.”