by Hans Bader
Should students be defined as bullies partly based on race? A confusingly-worded bill just introduced in Virginiaโs legislature seemingly classifies students as bullies partly based on racial differences between โthe aggressorโ and the victim, such as a โreal or perceived power imbalance between the aggressor or aggressors and victim, including on the basis of the actual or perceived race, color, national origin, sex, disability status, sexual orientation, gender identity, gender expression, ethnicity, religion, or other distinguishing characteristics of the victim.โ
That language is found in HB 536, a bill introduced by Delegate Joshua Cole (D-Fredericksburg). It would add the language in italics to Virginia Code ยง 22.1-276.01, so that it reads:
โBullyingโ means any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim, including on the basis of the actual or perceived race, color, national origin, sex, disability status, sexual orientation, gender identity, gender expression, ethnicity, religion, or other distinguishing characteristics of the victim; and is repeated over time or causes severe emotional trauma.
If Virginia adopted such legislation, it would create legal risks for school systems. If schools enforce a race-conscious definition of bullying, which applies (or not) based on the โraceโฆof the victim,โ that could be deemed by the courts to violate the rights of students defined as bullies based on racial considerations. School systems could end up being sued under the Constitutionโs equal protection clause, Title VI of the Civil Rights Act, and 42 U.S.C. 1981. Even rules designed to help historically-disadvantaged groups are subject to legal challenge when they classify students based on race or gender, as the Supreme Court made clear last year in striking down the race-conscious admissions policies of Harvard University and the University of North Carolina. (more…)









by Bill Tracy
by James A. Bacon

