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State Board Removes "Sexual Orientation" From Bullying Policy

Family Policy Facts - July 2, 2004
The North Carolina State Board of Education approved, on Thursday, July 1, a new policy to cut down on harassment, bullying and discrimination in public schools, but only after eliminating 16 specific characteristics in the proposal including “sexual orientation” and “gender identity/expression.” Thank you to all of those who contacted State Board members Tuesday and Wednesday in response to the North Carolina Family Policy Council’s Special Alert! Several members commented that they had received numerous calls from citizens expressing their concern over the inclusion of this language in the proposed bullying policy.

The first version of the policy listed 16 specific characteristics, including “sexual orientation” and “gender identity/expression,” that would have been given special protected status. In a letter to Board members, Jere Royall, NCFPC’s counsel, explained that the Council “wholeheartedly supports the policy’s stated purpose of maintaining a safe, orderly and caring learning environment,” but is concerned with the inclusion of the terms “sexual orientation” and “gender identity/expression.” Because these terms exist nowhere in state law and are not defined by law they could be interpreted to include many forms of sexual activity and expression. “By virtue of adopting this proposed policy in its current form, the State Board of Education will give tacit approval to all of these harmful sexual behaviors and could potentially punish anyone who opposes them,” Royall said.

Several board members expressed concern about the focus on specific classifications and the potential to miss other groups that were not included in the list. Board Chairman, Howard Lee, expressed concern that listing specific classifications could create a victim mentality in students with those characteristics. He stressed that a more general policy would encourage accountability for the acts of harassment, bullying and discrimination instead of focusing on the reasons for the behavior. Proponents of the original version stressed the need to send a message of support to groups more likely to experience harassment, bullying and discrimination by clearly including them in the policy. State Superintendent Mike Ward stated that the specific list included groups that research has shown are most likely to suffer. After defeating an initial vote on the first version of the policy, the Board voted unanimously to approve the amended policy without the specific classifications. The crux of the approved policy requires that, “Each local board of education shall develop and maintain policies and procedures to prevent, intervene, investigate, document, and report all acts of harassment, bullying or discrimination no later than January 2005.”