Salt Lake City PD and School District Agree to Revise Student Discipline Practices

The agreements stem from a lawsuit filed on behalf of students who the ACLU says were unlawfully detained and accused of participating in gang activity during a 2010 'gang sweep.'
Published: March 21, 2016

The Salt Lake City Police Department and the Salt Lake City School District will make broad changes in how they treat students of color and engage in school disciplinary issues under settlements announced last week by the American Civil Liberties Union (ACLU).

The agreements stem from a federal lawsuit filed by the ACLU on behalf of students at West High School in Salt Lake City who the ACLU says were unlawfully detained and accused of participating in gang activity during a 2010 “gang sweep.”

The students were of Latino, African-American or Pacific Island descent. The ACLU says they were rounded up, questioned, searched and forced to be photographed holding signs describing their alleged gang affiliation. The students’  information was then documented and entered into a police database, potentially subjecting them to future unwarranted police scrutiny.

Under the settlements:

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  • Salt Lake City police will not conduct any operations like the 2010 gang enforcement operation.
  • Officers will not photograph students holding whiteboards identifying alleged gang affiliation.
  • Police will not use race, color, ethnicity or national origin in exercising discretion to conduct a stop or search of a student.
  • Police will expunge records labeling plaintiffs as identified or suspected gang members or associates that were created during the “gang operation.”
  • School administrators will only request the involvement of police officers when there is a serious and immediate threat to physical safety or to address criminal conduct of a non-student.
  • Police will no longer arrest students for behavior like profanity or fighting; such instances will instead be handled administratively by school officials.
  • School resource officers will receive annual in-person training that covers implicit bias, how to engage with youth and more.
  • School district employees will receive training on the appropriate role of police, adolescent development, cultural competency, conflict resolution and de-escalation.
  • The school district will amend its policies regarding prohibited gang-related activity to provide clear notice to students and parents, and it will publicly post data on police arrests in school twice a year on its website.
  • The school district and the police will establish an oversight committee that will review school-based arrests and other police interventions at least twice a year, meet with community stakeholders and consider any concerns raised by community members.

The plaintiffs will also receive over $100,000 from the Salt Lake City Police Department, Salt Lake City School District and West Valley Police Department.

According to the ACLU, lead plaintiff Kaleb Winston was 14 years old when he found himself held in the school’s detention room and accused of being a gang member. As evidence, the officers pointed to his backpack with the sketchpad in it. The backpack was a gift from his parents for getting an “A” on a test, and it was emblazoned with graffiti-style writing, reflective of his interest in skateboarding. The sketches were homework assignments from art class.

Although Kaleb protested that he was not part of a gang, the officers alleged that his backpack and sketches proved otherwise. He was interrogated, and his repeated requests to call his mother were denied.

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