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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 distribution. |