Dear Mannie

This guidance is most helpful.
We have included the MacPherson definition of racist incident in our
developing Race Equality Policy, and will need to develop appropriate
procedures around this - further advice on such matters would be
appreciated.

However, I feel that adopting the MacPherson definition of instiutional
racism may be problematic, as I understand that some groups find the
inclusion of the term 'unwitting' in the latter part of the
definition as applied to prejudice, ignorance, thoughtlessness and
racist stereotyping,  controversial. Do you have any comments on this
point?

Clearly this is not about letting semantics get in the way of changing
the instiutional cultures; I would like to feel that the definition of
institutional racism used in our policies is one that people,
particularly those from under-represented groups, can identify as
useful and meaningful.

I would welcome your thoughts on this.

Regards,

Virginia

On Thu, 9 May 2002 15:41:27 +0100 Emmanuell Kusemamuriwo
<[log in to unmask]> wrote:

> Dear Nick,
>
> In response to your question:
>
> Everyone within the UK comes under the statutory expectations of the
> Race
> Relations Act 1976 and all institutions are responsible and liable, for
> what
> happens to all people within that institution. The institution is
> therefore
> fully liable under the Act, directly or indirectly, by commission or by
> omission, for any racism that occurs within it.
>
> Under the RRAA General Duty's three elements, named public institutions,
> (schools and HEIs included) have certain statutory expectations, through
> their Specific Duties, to ensure that they are functioning within the
> requirements of the RRAA. The first of the three General Duty elements,
> to
> which all the named public bodies need to have due regard, is "
> eliminate
> unlawful racial discrimination "
>
> Without quoting the other two, I would say that if the racist incident
> that
> you allege, is investigated, as it should, and is found, then it
> transgresses all three elements of the General Duty and appropriate
> action
> needs to be taken under the Race equality Policy and anti-racist
> procedure
> that the institution should have, under the Act.
>
> This also illustrates very obviously, why institutions, as part of their
> commitment to turning their worthy policy words into meaningful action,
> need
> to:
>
> Adopt the McPherson definition of both Institutional Racism and a Racist
> Incident and make sure that they have in their Action/Implementation
> Plans,
> procedures, processes and mechanisms that take account of what must be
> done,
> when and by whom, when the McPherson definitions are applied to the
> relevant
> functions of the institution.
>
> Institutional roles and responsibilities must be clearly spelt out and
> defined, in the institutions' anti-racist procedures, in order to enable
> those who are responsible to deal effectively with reported racist
> incidents
> while encouraging those who might feel there is an incident to report,
> to
> feel confident enough to come forward, knowing that issues will be dealt
> with in an appropriate manner. This was the main reason why the Act was
> amended in the first place and institutions will need to do at least
> this
> bare minimum, in order to begin to formulate the employment and service
> provision practices that the RRAA template will enable us to implement.
>
> Schools, like HEIs have now got a positive duty that the RRAA places on
> them
> to deal with all forms of unlawful racial discrimination that anyone
> within
> the institution might suffer. It is also their legal responsibility to
> make
> sure that everything possible is being done to ensure that the
> institution
> is discharging of its responsibilities under the act. Definition,
> communication, consultation, monitoring, assessment and review based on
> these statutory responsibilities are also part of the liability that is
> on
> all institutions.
>
> I might also add that the RRAA also places a responsibility on all
> institutions to ensure that in all their procured partnership functions,
> they are liable to ensure that any partner institution is functioning as
> appropriately as it should, under the Act's statutory requirements.
> Failure
> on the part of the partner institution will bring liability to bear on
> the
> procuring institution.
>
> In the case you are referring to Nick, if your colleague is from Exeter
> university, then it is your institution's statutory responsibility to
> ensure
> that the school in question does the right thing by adequately
> investigating
> this particular incident and come up with relatively appropriate
> findings
> that can then be satisfactorily actioned to adequately support the
> victim
> (both present and potential) while effectively dealing with the
> perpetrator,
> if the incident occurred. In this way, both institutions will be seen to
> implement their commitment to the General Duty requirements, in working
> towards best practice for all.
>
> I hope this answers your query but more importantly links to both the
> letter
> and the spirit of the RRAA, in order to ensure that institutions are
> doing
> what the aim of the Inquiry into the murder of Stephen Lawrence was all
> about, i.e. to make sure that all our institutions are doing their best
> for
> all those who they employ and serve, regardless of their backgrounds.
>
> Any comments, suggestions, queries and any other issues arising, are
> most
> welcome.
>
> Regards
> Mannie
>
>
>
>
>
>
>
>
>
>
>
>
>
> Mannie Kusemamuriwo
> Policy Adviser: Ethnicity & Cultural Diversity
> Equality Challenge Unit
> 3rd Floor, 4 Tavistock Place
> London  WC1H 9RA
>
> Tel 020 7520 7060
> Fax 020 7520 7069
> [log in to unmask]
>
>
>
> -----Original Message-----
> From: Nick Givens [mailto:[log in to unmask]]
> Sent: 09 May 2002 10:41
> To: [log in to unmask]
> Subject: reporting racial incidents
>
>
> Hi,
> A colleague has been subjected to verbal racial abuse whle visiting a
> local
> school.
>
> I know that schools are obliged (or at least strongly advised) to report
> racial incidents in which the target is a pupil. I think this grew out
> of a
> Stephen Lawrence Inquiry recommendation, but I am not sure about the
> legal
> basis. As an example, Devon LEA has an on-line form for this reporting
> (http://www.devon.gov.uk/dcs/a/anti-racism/     in case you are
> interested).
>
> Staff from University schools of Education do a great deal of
> partnership
> work on school premises. Do any of you know whether schools are obliged
> to
> report racial incidents that were directed at ADULTS (e.g as pertinent
> to
> us, adults visiting a school in a professional capacity)?
>
> Nick Givens
> Lecturer in Education,
> School of Education,
> University of Exeter,
> Heavitree Road,
> Exeter,
> EX1 2LU,
> England.
> tel     (44) 1392 264869
> fax     (44) 1392 264792

----------------------
Virginia M Wainwright
Equal Opportunities Officer
King's College London
James Clerk Maxwell Building
57 Waterloo Road
London SE1 8WA
020 7848 3399
[log in to unmask]