One arrested, two police officers injured, PSHS students fight at the mall.

Seven PSHS students arrested at Sunrise Park, police break up fight between Hispanics and African-Americans.

Fourteen students arrested. Police intervene; mace sprayed and guns drawn.

Palm Springs Human Rights Commission holds meetings to discuss racial tension in the community

Complaint filed alleging discrimination by the Palms Springs Unified School district.

District’s Final Written Decision, Case #93-94-01

Four students arrested in fight at PSHS.

Palm Springs Unified School District issues progress report on how to resolve campus disturbances. The report outlined different curriculum and training programs established at different schools to help reduce racial conflicts.

OCR initiated a compliance review of the Palm Springs Unified School District (PSUSD)

PSUSD answers and agrees that African-American and Hispanic students enrolled in the district are experiencing a rate of suspension and expulsion disproportionate to their percentage representation in the total student population.

Three students arrested after racial insults provoke a fight.

Eight students arrested after fight at PSHS. Police call it "racial gang violence". Fifteen officer's respond.

Four students arrested in verbal confrontation between African-Americans and Hispanic students.

Palm Springs Human Rights Commission issues report on conflicts at the high school. The report only addressed the feelings and the responses to the incidents by the community.

California Department of Education puts District on notice that such disparities constitute unlawful discrimination.

California DOE stated:

"Our office has analyzed data received from your office pertaining to expulsions and suspensions by ethnicity for Palm Springs Unified School District between January 1992 and January 1993. The data indicates, and you have concurred, that African-American and Hispanic students enrolled in your district are experiencing a rate of suspension and expulsion disproportionate to their percentage representation in the total student population.

Pursuant to Government Code section 1134 and 22 CCR section 98101 (c) such disparities constitute unlawful discrimination. Section 98101 (c) states:

"It is a discriminatory practice for a recipient, in carrying out any program or activity directly or through contractual licensing or another arrangements, on the basis of ethnic group identification, religion, age, sex, color, or a physical or mental disability…to provide a person with an aid, benefit or service that is not as effective in affording an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others. In some situations, identical treatment may be discriminatory."

The California DOE in that same letter wrote:

"We have interpreted this regulation to mean that school behavioral and/or disciplinary policies that are facially neutral in practice are considered discriminatory when they have a disproportionate negative impact on minority students."

The District was offered free technical assistance for the reduction of disproportionate minority discipline and or Affirmative action issues.

The District declined the offer of technical assistance from DOE.

OCR found by a preponderance of the evidence that harassment creating a racially hostile environment exists at the District. Specifically OCR found:

District apologizes to the United States Department of Education; Office of Civil Rights (OCR) for being late with a six Point Voluntary Resolution Plan. The District issues to the OCR a list of voluntary actions it will take to comply with an agreement which resulted from the filing of a complaint by Palm Springs resident Edward Joseph charging unlawful discrimination. In that complaint Edward Joseph questioned the district's suspensions and expulsions of minority students.

An African American and a Hispanic student get involved in a fistfight. Several other fights erupted as a result. Eighteen PSHS students were arrested. District official's call it gang related. Others see it as racial initiated and motivated incident.

Agua Caliente Elementary School principal calls police, on ten and eleven year old Hispanic students to teach them a lesson. Students were shown photographs of deceased youth that had been stabbed to death. Parents protest.

The District then approves the formation of a diverse base of community leaders to study the causes of the racially motivated incidents. They were charged with issuing a report and recommendations that would improve relations among the students and the community.

District acknowledges racial discrimination at Raymond Cree Middle School.

Intergroup Relations Committee meets 22 times led by well-known national facilitator Dr. Alex Norman. Meetings were held at various locations in the Palm Springs area to obtain comment from local residents.

DOJ analyzed data collected by Intergroup Relations Committee and offered the District free technical assistance.

The Community Relations service believes that to most people a perception often reflects a high level of reality. The top ten issues were as follows:

CRS offered to work with the School District to conduct study circles to engage diverse community members is discussions on race relations, schools, and violence.

A subsequent complaint was filed with the DOE.

OCR determined the District complied with the requirements of the Voluntary Resolution Plan.

California Department of Education determined that the disproportionate representation is not statistically significant to establish a finding of unlawful discrimination.

The DOE offers technical assistance to the District and offers to facilitate discussions between the District and Edward M. Joseph, complainant.

District officials focus attention on everyday conflicts (Desert Sun)

The District has never acknowledged that they were ever out of compliance.

District rejected the offers of free technical assistance from both the U.S. Department of Justice and the California Department of Education. Both agencies volunteered to assist the District. And to engage diverse community members in discussions on race relations but to no avail.

Zero Tolerance rule misapplied, PSUSD erred by punishing student not guilty of offense. (Desert Sun)

Eight students suspended after racial tensions spark incident at PSHS.

Sixteen seniors suspended after racial vandalism at PSHS. Incident classified by police as a "hate incident" rather than "hate crime."

District continues to demonstrate lack of understanding and experience regarding African-American and other minority cultures.

This past June we had had a very nasty and offensive incident within the Palm Springs Unified School District involving 18 high school seniors. Although illegal and insulting it has provided us with a close-up view of not only the students behavior but that of parents, police, staff, administrators and the public at large. For over eight years we have alleged discrimination within the District as well as a racially hostile environment within the District. It showed the It was called "The Senior Prank 2000". A prank is defined as a playful or mischievous act. Lets take a look at what was done.

The word nigger was written on the principle’s office window.

Swastikas were painted on the schools buildings.

They threw animal feces & ketchup on the buildings.

They hung a dead cat from the school bell tower.

The behavior of these seniors certainly does not fit the definition of a prank.

How did they gain access gain access to the inside of the school building.? Someone made a 911 call between 3:00 and 4:00 a.m. Police arrived and detained and questioned the students. It was reported by the Desert Sun that one student confessed to Palm Springs Police Officer William Hutchinson that he hung the dead cat from the bell tower.. They all were let go. We don’t know what else the police learned that night but we would hope they at least took the names and addresses of these of everyone present.

We are certain that had those students been African-American, Hispanic or any other minority group we would have had a much different result. Someone would have been detained, arrested and delt with accordingly. But now let us look at statements from the police department as initially reported by local news sources and others:

Sgt. Pat Williams "police can’t prove any of the kids were at the scene" and "police must determine who were participants and who were bystanders". "There is no doubt in our mind that the 18 students identified have firsthand knowledge of what occurred or are witnesses". "The main issue in this case is to determine if a hate crime was committed.

Consistently it has always been our experience in the minority communities that the police arrest suspects and let the courts determine who were participants and who were bystanders. Remember one student already confessed. Also the school security officers discovered the vandalism after they detained one student running from the school grounds at about 3:25 a.m. And what about the curfew law ? How did they get into the building? Was it vandalism of burglary?

Commander Mike McCabe "its going to take time. People are going to have be willing not to be judgmental based on not having all the facts".

We know that we do not have all of the facts. And that raises another question. Which hat is he wearing? Is police policy being mixed with school board policy? Is there a possible conflict of interest? That is yet to be determined. However, there should not even be an appearance of conflict of interest or bias.

Detective Dan Clary "the racial slur has been classified as a "hate incident" rather than a "hate crime". We can’t find out who is responsible and who were witnesses and who took part in the prank".

Deputy District Attorney Rick Erwood "We’re declining to file charges because of insufficient evidence. Based on the evidence prosecutors were unable to ascertain who was present when the vandalism occurred or who was responsible for it". Earwood said police and prosecutors were hindered in their efforts to interview students and gather information. "School officials said that they did not want charges filed. Later, school officials asked for a full investigation. By that time, students met with an attorney who advised them not to talk to police. Palm Springs Unified School District officials said they’re comfortable with the district attorney’s decision.

What school officials? The policy making Governing Board or the Superintendent’s office. Why did they change their mind and and request a full investigation after it was publicly stated an attorney would be representing the students involved?

Donald Aikens, Board Member "the incident amounted to more than an innocent prank. The students were out past curfew and were part of a group whose actions were serious and obviously planned ahead of time. This went way over the line".

Palm Springs High School Security Officers Several references in the desert Sun articles mention that a youth running away from the scene was detained.

Sue Krenwunkel, Senior Counselor at Palm Springs High She attest to the character of the students. Claimed they are being convicted in the court of public opinion by those that don’t know the real facts of the incident . "I believe that at the ages 17 and 18 the wisdom of forethought is not always a part of the moment decision". "the reality is that wisdom usually comes much later in life". "My question is how much punishment does it take to learn a lesson".

We have asked that very question for the past years. African-American and Hispanic students enrolled in the district are experiencing a rate of suspension and expulsion disproportionate to their percentage representation in the total student population. Such disparities constitute unlawful discrimination. Did the District forget that wisdom of forethought is not always a part of the moment decision? That wisdom comes later on in life. Or were these standards reserved for non-minorities? How many other administrators, staff, and board members share the views of Sue Krenwinkle? Certainly Don Aikens doesn't share her view.

In the past has she attest to the character of minority students who were about to be punished? Will she come forward and help the police in their investigation? Since the district called for a full investigation, did they interviewed Mrs. Krenwinkle to help police identify the seniors involved?

Perhaps some of our community leaders may come forward to help with the investigation. A father of one of the seniors involved, offered on radio that he had conducted an investigation, interviewed the witnesses and concluded that only two of the eighteen students involved were responsible…"and they did not even attend Palm Springs High School". He even gave an ethnic, religious and financial breakdown of the students and their families. I suspect in hopes he could dispel rumors that the seniors involved all came from wealthy families with influence. Later he apologize on behalf of his son and offered restitution. This parent’s apology is unacceptable. First because he can not apologize for the acts of others. And if there was no wrong then why apologize. To whom was he offering restitution? The District, Mr. Wright or all of us who were hurt, disappointed, and offended. How did he intend on paying? Cash? Community service? Or was this just another insincere apology with an empty offer of restitution?

"Investigate. The bad guys should be subject to the maximum possible penalty," said Mike Brill, the father of one of the accused students. The parent said he would not release the names of the students involved to the police department. Why not? What kind of message does this send to our youth in particular and our community in general. Aren’t we suppose to cooperate with the police?

A talk show host on 1010 radio has said several times he also has a list of the names of the students involved in the "senior prank"…but would not release them to the authorities. This is very curious because he is a champion of police. Any police. Yet he refuses to cooperate and come forward with the names. Again we see double standards being applied . This is the same host that slams undocumented workers "because it is illegal". Is this an obstruction of justice or a talk show host who is protecting his sources and friends?

The Superintendent of schools announced that the principal of Palm Springs High School would be in charge of punishing the students. Principal Ricky Wright should be commended for the compassion shown to those eighteen misguided seniors. He decided their only punishment would be they would not be able to walk across the stage with the rest of the students at the graduation. Yet this infuriated some of the parents who then mounted a vigilante type campaign which included threats of a law suit against the principal and the district. Much to his credit Ricky Wright stood fast to his word and those students did not march. The parents still mounted a silent protest and wore some symbol of their unity. The principal got a very cool reception form the audience during the graduation ceremonies.

The governing body. The policy makers of district. Never made one public statement denouncing the actions taken by the students and their parents. They hid behind their attorney. Afraid to offend some of their friends and social acquaintances. The fact is that this board abdicated its responsibility and failed to reassure the community that they are committed to eradicating the racially hostile environment that existed in the District for over a decade.

We would like to see an independent review of the Palm Springs Police Department’s policies and procedures as they relate to this incident. Does the police department take instructions from District staff and administrators. What role did Commander McCabe play?