Note: CUSD Against Racism is a student-led organization that advocates for change within Capistrano Unified School District (CUSD). We are not affiliated with CUSD.

It has come to our attention that there is video evidence of Kristine Hostetter, a CUSD fourth grade teacher at Vista Del Mar Elementary School, marching to the Capitol to participate in the insurrection at the US Capitol on January 6th, 2021, which was a violent attack on our democracy. One clip from her husband Alan Hostetter’s Instagram account (@americanphoenixproject) shows Mrs. Hostetter participating in the march to the Capitol. Their intentions to breach Capitol security were clear as they walked towards the Ellipse, her husband referencing the 1776 Revolution and stating: “We will get as close as we can.” This video, titled “On a march… to freedom!” was followed by another video in which Mrs. Hostetter’s husband is on the balcony of the Capitol building. This video has since been deleted from @americanphoenixproject’s Instagram account. Another video posted by a twitter user shows Mrs. Hostetter marching alongside Russ Taylor, who admits their plan to storm the Capitol and is excited to hear it may already be breached. All of the aforementioned videos can be found on our Instagram page (@CUSDAgainstRacism).

At this point in time, we are unable to determine if Mrs. Hostetter was also on the balcony. However, there is video evidence that she was marching alongside her husband, the director of the extremist group American Phoenix Project, as they approached the Ellipse. If CUSD finds that Mrs. Hostetter did indeed invade the U.S. Capitol with her husband or otherwise engage in seditious conspiracy against the United States, then CUSD must take action to enforce its conduct and ethical standards in order to ensure the safety and wellbeing of Vista Del Mar students. If confirmed, these activities are not only illegal and unethical in nature, but also violate CUSD’s values and Board Policies, as cited at the end of this petition.  

Call to Action

CUSD Against Racism typically does not engage publicly in direct action against individuals. However, given that this incident concerns potential involvement by a CUSD educator in an attack against our democracy, CUSD Against Racism believes it is necessary for the greater community to be aware of this situation and take action by signing this petition.

We call for:

• The District to continue their investigation into this case and ensure Mrs. Hostetter is not permitted to teach students throughout this investigation.

• Following the investigation, if criminal activity is confirmed, Mrs. Hostetter should be removed from the classroom.

• ADDITIONALLY, we call on CUSD to release a public statement condemning the U.S. Capitol breach and any CUSD employee involvement. It must be asserted that what happened on January 6th was not acceptable, nor was it aligned with the values we teach in our classrooms . Capistrano Unified School District must stand visibly and decidedly against this violent attack on our democracy. To do anything less would be a disservice to all CUSD students and families.

The videos show that Mrs. Hostetter was attending this event while—like thousands of other attendants—failing to wear a mask or following social distancing safety measures. To protect the health of other teachers, students, and school staff, the District must enforce COVID-19 public health guidelines and ensure that Mrs. Hostetter does not return to the classroom without a full quarantine.

Pending the results of the investigation, we also call on the Capistrano Unified Education Association (CUEA) not to file a grievance for Mrs. Hostetter’s termination if the decision made by HR is to terminate her. In this case, the teacher’s behavior would demonstrate that she should not be working with students and is egregiously outside the bounds of acceptable practices for an educator.  

Sources and Justification

On January 6th, the mob violated federal criminal law in the following ways:

• Hundreds of individuals forcibly intruded the Capitol

• Violence was committed against Capitol security, members of the Senate and Congress, and congressional staff

• Rioters stole and vandalized government property

• Read more here. Below, we have also included various laws that legal experts say have the potential to be levied against the domestic terrorists who breached the Capitol on January 6th, 2021.

U.S. Law: Although the first amendment protects one’s freedom of speech -- it does not protect against seditious criminal activity.

18 U.S. Code § 2384 - Seditious conspiracy

18 U.S. Code § 1752 - Restricted building or grounds

18 U.S. Code § 1361 - Government property or contracts

18 U.S. Code § 232 - Definitions

18 U.S.C. § 2101 -Riots

18 U.S.C. § 1505 -Obstruction of proceedings before departments, agencies and committees

18 U.S. Code § 2383 - Rebellion or insurrection

Board Policies:

• B.P. 4119.21 — “The Governing Board expects District employees to maintain the highest ethical standards, to follow District policies and regulations, and to abide by state and national laws.”

• B.P. 4119.25 — “Employees shall refrain from prohibited activities that are not permitted by law.”

• B.P. 4212.5 -- “The District is prohibited from hiring any individual if the check reveals that he/she has been convicted of a violent or serious felony, unless the individual has obtained a certificate of rehabilitation and pardon.”

Teacher Oath:

• According to Education Code §44334, to receive and maintain teacher credentialing in California, teachers must take “the following oath or affirmation: ‘I solemnly swear (or affirm) that I will support the Constitution of the United States of America, the Constitution of the State of California, and the laws of the United States and the State of California.’...Upon the violation of any of the terms of the oath or affirmation, the commission shall suspend or revoke the credential which has been issued.””

CA COVID Guidelines:

• According to the California Department of Public Health, “all persons arriving in or returning to California from other states or countries, should self-quarantine for 10 days after arrival, except as necessary to meet urgent critical healthcare staffing needs or to otherwise engage in emergency response”

Because of the severity of Mrs. Hostetter's actions, both alleged and on video, we insist that CUSD continues the investigation with the demands that we have called for. If it is found that Mrs. Hostetter participated in the insurrection on the United States Capitol or engaged in seditious conspiracy against the United States, she must be held accountable to the fullest extent possible by Capistrano Unified School District. Violent attacks against our democracy should not be taken lightly, and the students and families of CUSD deserve to know their school district does not stand for this type of behavior on a local or national level.