PORTLAND
Suit hits Civil Rights Division
OBSERVER
Volum« 7 Ne. 49
Thuraday, December 1, 1977
School kindergarten «tudenl. learn about
culture through building their own teepee, learning
dance, and bearing stories about Indian children. The
10c ;mr eo,»y
taught by Mr». Bill Mack, will study other cultures
celebrate the holidays of several ethnic groups.
School Board votes spanking ban
The Portland Public Schools Board of
Education decided Monday night to elimi
nate corporal punishment from its disci
plinary options, but was unable to lake a
final vote in the question due to Gladys
McCoy's early departure.
A fter a
lengthy discussion the Board reached its
decision with Frank McNamara, Phyllis
Wiener. Wally Priestley and Gladys
McCoy voting against corporal punish
ment and Jonathan Newman and Beverly
York voting for its retention. Chairman
Bob Ridgiey announced that were he
allowed to vote, he would favur retaining
the option.
School District attorney Don Jeffries
said the elimination of corporal punish
ment would not interfere with the right
of staff to remove or restrain children
who are in danger of harming themselves
or others or damaging property.
The Board was unable to pass McNa
mara's motion that references to corporal
punishment be stricken from board policy
in the business portion of the meeting due
to Mrs. McCoy's absence. Mrs. McCoy
had earlier proposed an amendment that
would go a step beyond McNamara's
amendment to eliminate corporal punish
ment, by forbidding it and by defining
instances when physical force could be
used ue. to protect students, staff and
property.
Superintendent Blanchard, the Ele
mentary Principals Association, the Port
land Association of Teachers, and the
Area I I I Citizens Advisory Committee
recommended that corporal punishment
be retained.
Current policy allows corporal punish
ment “in extreme cases when other
means fail to obtain obedience" by the
principal in the presence of professional
staff or by the teacher in the presence of
the principal, and is to be reported to the
Superintendent within 24 hours.
Jonathan Newman, who stated that he
opposes corporal punishment but does
not believe he should force his opinion on
the district, moved that the present
policy permitting corporal punishment
(spanking or paddling) be retained but
that the following be added: 1.) principal
to check to determine whether the parent
has requested no physical punishment;
2.) punishment be administered with no
other students present and be moderate
and prudent and be determined by the
individual situation; 3.) the principal
report to the parent promptly; 4.) a
written report be submitted to the
Superintendent within 24 hours. Before
the punishment, the student should be
informed of the reason and if he denied
the charges be allowed to give his side of
the story and be given the evidence
against him.
McNamara, who called spanking “doing
violence” to the child, and expressing the
opinion that “violence begetts violence,”
opposed corporal punishment under any
circumstances.
Mrs. McCoy said she
strongly opposes corporal punishment in
the schools because there is no evidence
that it is effective - “you cannot reconcile
(corporal punishment) with good human
relations.” By the time you go through
the procedures the need to strike the
child has passed. Teachers should not
use force on children but it should be
reserved to the parent. Mrs. McCoy
expressed the concern that spanking is
used more often in majority Black
schools.
Mrs. York said she had a difficult time
reaching a decision but felt that the
options should be available. She remind
ed the Board of public criticism on lack of
discipline.
Ridgiey said he did not think this is a
proper time to make a policy change since
the incidence of corporal punishment is
low and there has been no public outcry
against it.
During the 1976-1977 school year,
there were 88 cases of corporal punish
ment. Area I had eleven, ten male and
one female.
They took place in six
schools - Bridlemile, Clarendon, Hay-
hurst, Holbrook, James John, and Terwil-
iger. In 1975-1976, Area I had 99 cases of
spanking, 69 of these at Portsmouth
School.
Area I I had 61 cases of corporal
punishment in 1976-77 at ten schools, 31
of these at King Elementary School. The
other schools were: Glenhaven, Gregory
Heights, Faubin, Rice, Rigler, Rose City,
Whitman and Woodlawn. In 1975-1976,
there were 34 spankings, with Columbia
leading with 14.
Area II has adopted a policy of not
spanking a child without prior approval of
the parent or guardian.
A class action suit was filed Monday
against Labor Commissioner Bill Steven
son, Attorney General Jim Redden and
Assistant Attorney General Victor Levy,
by Carol Bryant and Carollyn Smith.
Legal aid is acting as legal council for the
complainants.
The suit was brought on behalf of
senior citizens, handicapped persons, wo
men, racial minorities and other victims
of discrimination who are dependent on
the Civil Rights Division.
The suit accuses the defendants
Stevenson, Redden and I^ v y - with
combination of intentional neglect, in
tentionally inadequate allocation of re
sources and administrative inefficiency.
Defendants have brought processing civil
rights complaints to a virtual standstill.
For instance:
(a) it takes the Bureau of Labor from
two to five years to investigate and
attempt to conciliate a civil rights com
plaint;
(b) after the Justice Department re
ceives a case from the Bureau of Labor,
the investigation is totally completed;
nevertheless, it takes the Justice Depart
ment more than a year to schedule the
case for a hearing.
(c) the Commissioner of Labor has
signed no final orders in civil rights
cases in more than a year, and has let
decisions of referees, which found that
unlawful discrimination had occurred, sit
on his desk for six months or more
without signature;
(d) the Attorney General's office has
refused even to accept telephone calls
from citizens whose cases have been
referred to him for prosecution, despite
his role which is tantamount to the
complainant's attorney; and,
(e) hundreds of complainants are giving
up in despair, or settling clear discrimina
tion cases for much less than they are
entitled to, because of the delays.”
The suit charges that the defendants
have intentionally adopted a policy of
insufficient allocation of resources so that
civil rights violators are not diligently or
effectively prosecuted.
The complaint charges that the Justice
Department has not filed formal charges
or held a hearing on any of the approxi
mately 89 cases it received from the
Bureau of Labor this summer. Prior to
this, the complaint states, the Justice
Department took about four months to
prepare the complaint in each case and
more than a year to prepare a case for a
hearing.
Program, told the Observer that the day
care providers had supported the idea of
working with CSD to go before the
Emergency Board and ask for additional
funding.
The suspension, which will stop induc
tion of new children into day care, will
severely hurt those day care centers that
are working in marginal financing. “If a
child leaves he cannot be replaced," Mrs.
Walker explained. “The loss of one or
two children could make the difference of
whether a center could afford to remain
open.
"Day care homes will be badly hurt. If a
day care provider has one child, and that
child leaves for some reason, that home
will not get another child for at least four
months." Mrs. W alker fears that some
The Metropolitan Human Relations
Commission unanimously voted to recom
mend to the City Council and the Multno
mah County Board of Commissioners the
adoption of a resolution discouraging the
purpose of the Krugerrand.
Stating that the South African system
7.
The request for 1977 1979 funding was
based on an estimated 1816 cases for the
period ending June 30, 1977, which was
actually 2032 cases.
The 2034 cases
projected for the year ending June 30,
1978 is now increased to 2150. A t the
time the 1977-1979 budget was present
ed, Stevenson agreed on the suggestion
of the Executive Department, to wait and
report actual figures to the Emergency
Board and to ask for supplemental funds
at that time. Stevenson is now present
ing his request for those funds.
Plan A would allow ten days for
processing the complaint; 95 days for
investigation; 20 days for Administrative
Determination; 30 days for conciliation;
and 25 days for drawing charges - a total
of 180 days. This plan would require an
additional permanent and 76 temporary
staff members, at a cost of $993,613 for
the 18 months to June 30, 1978.
Redden to add staff.
The Department of Justice will request
a budget increase of $181,146 for five
(Please turn to Page 3 Column 3)
of apartheid has been condemned by the
world community, M HRC expressed its
opposition to the purchase of the Kruger
rand by Americans.
The resolution expresses the Commis
sion's opposition to the inhumane and
racist policies of the government of South
Africa and its hope that respect for
human rights will ultimately prevail in
that nation. It opposes American finan
cial support of the current regime in
South Africa whether through American
bank loans or industrial investment or
through the purchase of the Krugerrand
by individuals.
Principal explains Boise’s spanking record
Area I I I had 16 spankings in 1976-1977,
ten at Boise, four at Sunnyside, and one
each at Sabin and Woodstock.
In
1975-1976, there were 40, with 28 of these
at Boise. Other Area I I I schools using
corporal punishment that year were
Alameda, Atkinson, Creston, Glenco and
Sabin.
providers will be lost to the agency
because women will have to go to work to
replace the income.
“4-C has yielded the intake process to
CSD. The state has taken over complete
control of the billing. I don't see why the
state can't make better estimates of the
funds needed, and not go over the budget
in less than six months.
"The State seems very irresponsible
when every time you look up they are
overspent. It begins to look like a game
to do what they want to do."
According to Mrs. Walker, Nick Peet
had attempted earlier to impose an
administrative rule to give him authority
to close intake permanently, but after
public hearings the rule was not ap
proved.
Stevenson states that the CRD has
accomplished much in the past three
years in clearing out a huge backlog he
inherited when he took office, and that
the situation in the devision has greatlv
improved.
He blames the continuing
delays on an increase in complaints filed
on an inadequate staff.
Stevenson will present the Emergency
Board five alternative definitions of
prompt resolution" together with plans
to implement those definitions. Steven
son believes the determination of the
standard for timely action rests with the
legislature and that once it has reached a
definition the legislature must supply the
funds to that goal.'
Stevenson presented his long-range
objectives in his 1977 1979 budget to the
Executive Department in 1976. These
include:
2. Notification: To notify all respondents
of a discrimination complaint lodged
against them; within five working
days of filing.
3. Investigations:
a. To achieve immediate commence
ment of investigation of all complaints
of unlawful discrimination by January
1, 1978.
Immediate is defined as
within ten days of filing.
5.
6.
Stevenson requests more funds.
1. (o n rilain t Filings: To accept and
process for investigation any com
plaint of unlawful discrimination
where the complainant alleges a cir
cumstance reasonably within the sta
tutory grounds, which is accessible to
possible finding of facts supportive of
the complaint.
4.
b. To regularly complete investiga
tion of 70% of all complaints within
90 days of the commencement of in
vestigation by January 1, 1978.
c. To regularly complete investiga
tion of 50% of all investigations within
60 days of the commencement of
investigation by July 1, 1978.
Pre-Determination Settlement: To
promptly resolve complaints of unlaw
ful discrimination prior to investiga
tion and determination where respon
dents elect to make acceptable settle
ment offers to the complainant.
Administrative Determination: To
make and issue administrative deter
mination on all investigated com
plaints within 30 days of the comple
tion of investigation.
Conciliation: To promptly negotiate
and enact conciliation agreements on
all complaints, where the facts show
substantial evidence of unlawful dis
crimination, where the parties are in
agreement on resolution, providing
for appropriate compliance and re
porting requirements as mandated by
statute.
Hearing Recommendation: To provide
recommendation for public hearing to
the office of the Commissioner of
Labor in all complaints of substan
tial evidence of discrimination, where
conciliation fails, within 30 calendar
days of such failure of conciliation.
MHRC asks end to Krugerrand purchasing
State suspends new day care applications
The Childrens Services Division has
filed a temporary rule with the Secretary
of State's Office closing intake for state
supported day care on December 1st. The
action was taken because the division is
overspending its 1977 1978 budget and
serving over 50 percent more children in
the first three months of the biennium
than had been projected.
Nick Peet, CSD Administrator, said
the course of action is necessary to
prevent running out of funds long before
the end of the biennium.
Day care providers met with represen
tatives of the Children's Service Division
Wednesday to explore ways of avoiding
the suspension.
Lillie Walker, director of the Albina
Ministerial Alliance Family Day Care
Carollyn Smith filed a complaint with
CRD on July 23, 1975, charging racial
discrimination, and on April 5, 1977, the
Bureau issued its letter of substantial
evidence of discrimination.
Carol Bryan* filed a complaint with the
Bureau on July 22, 1975, charging discri
mination because of race and sex. The
Bureau issued its finding of substantial
evidence of discrimination on about July
23, 1976. Concilliation was rejected by
the defendant and the case was referred
to the Attorney General this summer.
The suit asks that the court require the
defendants to establish a timetable and
allocate adequate resources to eliminate
the backlog of cases and ensure that all
complainants receive prompt resolution
of their complaints.
D A V ID McCREA
Boise Elementary School is one of
those named by the School District as
having a high number of instances of
corporal punishment.
Last year ten
spankings occured, and during the pre
vious year there were twenty eight.
Principal David McCrea endorses cor
poral punishment under certain extreme
circumstances, saying that spanking is
one option that should be available when
all else fails. "Spanking is valid because it
is effective. Sometimes when everything
else fails, a smack on the bottom wakes a
child up and informs him that he must
perform."
A t Boise, spanking is used as a last
resort and only with the permission of the
parents and the advance knowledge of
the child. The school has four rules that
can lead to being sent home. A student is
not allowed to hit another child, swear at
an adult, destroy property, or refuse to
obey. All children understand that these
offenses will be punished.
Most children respond to a reprimand
or a few minutes in the “time out room”.
Others, where offenses are reported, are
sent home. Then the parents come to
school and the principal, teacher, parents
and child discuss the situation.
After being sent home several times,
suspensions, and numerous parent con
ferences, the decision might be made to
try a spanking. If this is the decision, the
child is informed that the next time there
will be a spanking giving him the option
to avoid this.
Most children spanked are under the
sixth grade and nearly all are boys.
“W hat can you do with a child who
absolutely refuses to do what he is told?”
McCrea asked. “If a child repeatedly
refuses to go to his room, or repeatedly
questions the teacher's ancestory, the
only other option is to eventually expell
him. Is it better to give a third grader a
swat and hope it will turn him around or
is it better to put him out and have him on
the street? What good does it do to have
him home watching T V when he should
be here learning to read?"
McCrea has expelled only one student
since he has been at Boise. Asked how
many of the children spanked last year
would have been expelled if they could
not have been spanked, he replied, “All of
them.
If there had been any other
alternative, they would not have been
spanked."
Spanking at Boise means one slap on
the bottom
or, rarely, two slaps - by
the principal or a staff member. Accord
ing to present school district policy, a
(Please turn to Page 7 Column 1)
Court upholds Labor Department’s EEO policies in landmark case
W A S H IN G T O N - In a landmark deci
sion. a federal district court in lx>uiaiana
has held that equal employment oppor
tunity requirements as preconditions for
government contracts are valid and en
forceable, and that regulations imple
menting the requirements are in aecor
dance with the due process clause of the
Constitution.
The court also held that standards
required for seniority systems under
federal contract work are consistent with
executive authority over procurement
practices and not in conflict with Con
gressional policy.
“This case is significant because it
confirms the authority of the government
to set the terms and conditions of its
contracts, including EEO requirements,
without a hearing," Assistant Secretary
of I<abor for Employment Standards
Donald Elisburg said. "It also confirms
the fact that we can require changes in
seniority systems where women or mi
norities are underrepresented in better
paying, high opportunity jobs."
In its ruling, the U.S. District Court for
the Eastern District of Ixiuisiana denied a
motion by Crown Zellerbach Corp, for a
preliminary injunction seeking to bar the
government from denying future con
tracts with Crown Zellerbach because the
company refused to adopt as a part of
those contracts a seniority system meet
ing EEO contract requirements.
A Nevada based corporation, Crown
Zellerbach produces both paper and
lumber products. As a federal contrac
tor, it is subject to the requirements of
Executive Order 11246.
The order prohibits federal contractors
and subcontractors from employment
discrimination based on race, color, sex,
religion, or national origin. It is admini
stored by the Department's Employment
Standards Administration, Office of Fed
eral Contract Compliance Programs
(OFCCP).
In deciding the case, Judge Alvin B.
Rubin considered “...whether the govern
ment, without a hearing, may refuse to
contract with firms that do not adopt a
seniority system that is intended to
provide affirmative action relief to fe
males."
Discriminatory employment practices
by Crown Zellerbach at its Bogalusa.
Ixiuisiana, facility were first detected in
August 1976 by the General Services
Administration (GSA), which has con
tract compliance responsibility for the
company. GSA identified an affected
class of approximately 400 women suffer
ing from the effects of past diacrimina
tory practices.
To remedy that discrimination, GSA
determined that the company should
provide back pay and other relief, includ
ing seniority benefits for 117 female
employees and 260 rejected female job
applicants. G SA’a attempts to reach a
conciliation agreement with the company
were unsuccessful, however.
In June 1977, OFCCP Director Weldon
J. Rougeau granted the company's re
quest for a hearing on the issues of
whether it discriminated in employment
in the past, and if so, the amount of back
pay and other relief due to affected class
members on an individual basis. How
ever, the director denied the company's
request for a hearing regarding nondis
crimination, goals and timetables for
hiring and promotion, and other prosper
live contract requirements.
Crown Zellerbach'» motion for a preli
minary injunction raised the questions of
whether the government, under the
Constitution of T itle V II of the 1964 Civil
Rights Act, could require without a
hearing modification of seniority systems
as a contract condition.
The court ruled in favor the Labor
Department, holding that the “...govern
ment is free to set the terms and
conditions of its contracts" and that
companies do not have to contract with
the government if they do not agree to its
terms.
In addition, the court held that Title
V II and the recent Supreme Court
derision regarding seniority systems un
der that law do not prohibit the govern
ment from requiring seniority changes in
appropriate circumstances.
"As a result of the court's ruling,
Crown Zellerbach Corp, must comply
with the terms of Executive Order 11246
to remain eligible for government con
tract work," explained Rougeau.
r