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FW: Policy ignoring racism and hateful speech directed at Ismail Abu Hayyeh (an 11 year old child)



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

www.puckettfaraj.com

888.970.0005 Toll Free

760-521-7934 Direct Line

202.280.1039 Fax

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