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Mr. Tim Green Dean of Students Conrady Junior High School 7825 West 103rd Street Palos Hills, IL 60465 Dear Dean Green: I have been retained as counsel by the Abu Hayyeh family to
assist them in the matter of their son Ismail Abu Hayyeh. Ismail is a student
at your school. As you are well aware you have suspended Ismail on five different
occasions for incidents involving altercations with other students. I have
interviewed Ismail to understand the facts. I have also discussed the matter
with Ismail’s parents. According to Ismail and his parents –who were briefed
by you- all the altercations except one, were initiated by other kids who
initially made racist or hateful comments to Ismail because he is an Arab and
Muslim. On one occasion a fight ensued after a boy pulled Ismail’s pants down
in a locker room. That incident did not involve racist on hateful comments.
Nonetheless, on all occasions you decided to suspend Ismail from the school. I
recognize that you must be busy and that you have a school to run. It is unconscionable,
however, that in 2010 we continue to allow racist as well as ethnically and
religiously hateful comments to go unpunished in our schools. What is more
troubling is that you endorse the racist speech by failing to punish it based
on a specious policy that suspends the victim if the response to the hateful
speech is physical. A policy that suspends a child who becomes angry at being
called a “terrorist” and who defends himself when another boy assaults him by
pulling down his pants is no policy at all. It ignores the aggressor and
punishes the victim. When one person, without consent or a valid reason, attempts
–by force- to remove the pants of another, it is an assault and battery and
perhaps even an attempted sexual assault. By suspending Ismail, the victim,
you endorsed the conduct. Instead of protecting the victim and punching the
aggressor, you punished the victim for defending himself. What would your
decision have been if the victim were a girl at your school? Ismail is no less
a victim because he is a boy than if he were a girl. Likewise, if the racially offensive language directed at
Ismail were racially offensive language directed at an African-American child,
I am certain that you would not have suspended the African-American child for
responding, even if that response were physical. Yet, in Ismail’s case, you
chose to suspend him because he behaved like a child who had been gravely hurt
by hateful speech. Perhaps Ismail becomes enraged at the hate he must suffer
at your school because of your inaction or, more specifically, your dubious
policy that protects the racist speech while victimizing the victim by
suspending him from the school. The Abu Hayyeh family corresponded with you a few months ago
regarding this matter. Their correspondence went unanswered. I hope you will
give this email its due attention. On behalf of the family I request the
following: 1. A meeting with you and members of your District 117 Board of
Education to address this matter. 2. A review of your policy that suspends victims of aggressive or racist
behavior who exercise their right to self defense. 3. A review of Ismail Abu Hayyeh’s record and a reconsideration of
your suspension decisions to expunge the record of any suspensions that
resulted from Ismail’s response to hateful speech or through the exercise of his
right to self defense. I will follow up this email with a letter to your office,
the members of the District 117 Board of Education as well as courtesy copies
to the Department of Education, Office of Civil Rights, the American Civil
Liberties Union and the American-Arab Anti Discrimination Committee. It is not
my intent to enter into litigation. That would not serve Ismail’s interests
nor the interests of the children at your school. It is my intent, however, to
persuade you to change your policies that coddle racism and hateful speech. Such
a policy change would be in the best interests of all the children at your
school, including Ismail. To that end, I am prepared to undertake all means
available to protect Ismail and other children at Conrady Junior High School
from suffering racist actions and speech. Sincerely, Haytham Faraj, Esq. PUCKETT & FARAJ, PC WASHINGTON DC׀ SAN DIEGO ׀ DEARBORN 888.970.0005 Toll Free 760-521-7934 Direct Line 202.280.1039 Fax The information
contained in this electronic message is confidential, and is intended for the
use of the individual or entity named above. If you are not the intended
recipient of this message, you are hereby notified that any use, distribution,
copying of disclosure of this communication is strictly prohibited. If you
received this communication in error, please notify Puckett & Faraj, P.C.
at 888-970-0005 or via a return the e-mail to sender. You are
required to purge this E-mail immediately without reading or making any copy or
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