Such intentional discrimination in the administration of student discipline can take many forms.
The typical example is when similarly situated students of different races are disciplined
differently for the same offense. Students are similarly situated when they are comparable, even
if not identical, in relevant respects. For example, assume a group of Asian-American and
Native-American students, none of whom had ever engaged in or previously been disciplined for
misconduct, got into a fight, and the school conducted an investigation. If the school could not
determine how the fight began and had no information demonstrating that students behaved
differently during the fight,
e.g., one group used weapons, then the school’s decision to discipline the Asian-American students more harshly than the Native-American students would raise an inference of intentional discrimination.
Selective enforcement of a facially neutral policy against students of one race is also prohibited
intentional discrimination. This can occur, for example, when a school official elects to overlook
a violation of a policy committed by a student who is a member of one racial group, while
strictly enforcing the policy against a student who is a member of another racial group. It can
occur at the classroom level as well. The Departments often receive complaints from parents
that a teacher only refers students of a particular race outside of the classroom for discipline,
even though students of other races in that classroom commit the same infractions. Where this is true, there has been selective enforcement, even if an administrator issues the same consequence for all students referred for discipline.