Dear NUSD Staff and Community,

As you may be aware, last fall, we initiated an investigation of complaints regarding racial name calling by some students in the San Marin High School (SMHS) athletic program. As a district and our thirteen school sites, we do not condone such unacceptable behavior. We believe that there were 3 to 4 students involved. The complaints were filed by the San Rafael City Schools, (SRCS), the Tamalpais High School District (Tam), and the San Mateo Union High School District (SMUHSD). The investigation was recently completed.  The investigation sustained the common allegations and found that there is credible evidence that 3 to 4 SMHS students used racial epithets towards opposing team members. None of the SMHS players commonly identified by the three high schools admitted to wrongdoing and/or they declined to be interviewed.

I would like to share with you some background about the incidents, and the interventions we have undertaken, and upcoming changes in policies, regulations, and practices, as we move forward toward resolution of the issues raised by these incidents.

Over the course of the football season and leading into basketball season, three high schools, two in Marin, and one in San Mateo County, filed formal complaints about racial name calling that occurred during two football games and one boys’ basketball game. Beginning on September 25, 2021 and continuing through the length of the investigation which concluded on March 1, 2022, NUSD implemented a variety of interventions, which are listed below. Positive Coaching Alliance, a national non-profit organization that provides on-line and in person workshops to assist youth in developing a positive, inclusive culture and moral character through athletics, provided trainings for SMHS student athletes, coaches, and administrators in the fall. Additionally, we began a review of board policies, regulations and practices including: Student Behavior, Bullying, and most recently, the Athletic Handbook and student athlete and coach agreements, with the guidance of our legal counsel, Dora Dome of Dora Dome Law Offices, who specializes in student services.

The following is a brief overview of actions that have taken place since the first complaint was filed on September 25, 2021, the day after the football game with San Rafael High School (SRHS).

  1. I met with the SRCS Superintendent, the SRHS Principal and SMHS Principal. We had an in- depth conversation, reviewed game film, reviewed statements from SRHS players and parents obtained by the SRHS Principal, and an investigation of the incident was conducted by the SMHS administration and staff.
  2. NUSD hired Positive Coaching Alliance to provide training for the SMHS football team and coaches. The focus of the training, which occurred, was on character, legacy, and sportsmanship-like conduct, both personally and athletically. In addition to the football coaches and team, the SMHS administration and I participated in the training. This was meant to be the first of several interventions to address the racial name calling incident as described by the SRHS administration, staff, students, and parents.

The next formal complaint occurred after the football game that was held on October 30, 2021 at Tamalpais High School.

  1. On October 31, 2021, I contacted Positive Coaching Alliance for another more explicit training, and contacted legal counsel, Dannis, Woliver, and Kelley (DWK) to begin an investigation of the allegations that Tam submitted on October 30, 2021. A second training was provided to the SMHS Football team and coaches.
  2. In consultation with DWK, NUSD brought engaged an outside investigator to conduct the formal investigation.
  3. On November 1, 2021, I met with the Superintendents of SRCS and Tam to discuss the incidents and next steps. Additionally, we met with our Positive Coaching Alliance Consultant to plan another training to include other Marin county high school principals and athletic directors. A training was held for this group and the three Superintendents also attended the training.
  4. On November 1, 2021, Tam reported NUSD to North Coast Section/California Interscholastic Federation (CIF) for racial name calling.
  5. On November 11, 2021, the Tam Superintendent, and administrators and coaches from SMHS and Redwood High School, and I met with the referees scheduled for the upcoming SMHS/Redwood High School game to be played at SMHS to ensure that any racial name calling would be addressed and responded to immediately during the game. There were no incidents at the game.

A third formal complaint came from a boys’ basketball tournament sponsored by Marin Catholic on December 29, 2021.

  1. The tournament gathered players from high schools in neighboring counties, including the SMUHSD. During the game, a parent and students from the SMUHSD reported to an official from Marin Catholic that SMHS basketball players had engaged in racial name calling. SMUHSD submitted a formal complaint that outlined what occurred during the game.
  2. The investigation was expanded to include the basketball accusations.
  3. It was after the basketball tournament at Marin Catholic that the Marin Independent Journal published an article regarding the racial name calling complaints. The Marin IJ article generated further witnesses coming forward recounting racial name calling. The investigation continued.

These three incidents have shown us that there are a small number of student athletes at SMHS for whom our training and other interventions have not been successful.  It is our intent to access every available tool to effect change and put an end to this issue.

Attorney Dora Dome is continuing her work in reviewing the following policies, regulations, and practices in order to develop a system to discourage racial name calling and develop effective consequences for such behavior.

  1. BP/AR 5144 Student Discipline
  2. BP/AR/5131.2 Bullying
  3. BP/AR/5144.1 Suspension/Expulsion
    BP/AR/5144.2   Suspension/Expulsion
  4. NUSD Coaches Procedural Handbook which includes Code of Ethical Conduct

My sincere hope is that racial name calling is eliminated as we address this issue through policy, regulation, practices, the Athletic Handbook, agreements, and mandatory equity training for student athletes and coaches in order to reach the desired outcome. Trustee approved policies and practices are intended to address and establish effective consequences so that racial name calling is extinguished.

I remain grateful to everyone who has and will come together to ensure a safe, respectful and inclusive environment that is free of racial name calling.

Respectfully,

Jan La Torre-Derby, Ed.D.

Superintendent