“We work hard. We show respect. We make good choices. We are Lowell Leopards.”

5010 View Drive Everett WA 98203

Phone: (425)385-5300

Cindy Foster Principal 425-385-5390

Andre Samuels Assistant Principal 425- 385-5300

Mission Statement

Our mission at Lowell Elementary School, in cooperation with parents and community, is to ensure that each student develops skills, knowledge, attitudes to achieve high standards and become a responsible citizen.

Accident: If an accident occurs involving staff, this should be reported immediately to administration.

Staff Meetings: These meetings are for certificated staff, are held on Wednesday afternoons and begin at 3:00 pm in the library. By contract, attendance is required for all certificated staff; other staff members are encouraged to attend. Certificated staff who cannot attend a staff meeting are expected to discuss the need to be absent with an administrator prior to the meeting. A make-up meeting or discussion will then be scheduled.

Grading Periods

The academic year at Lowell is divided into two semesters: First semester starts September 4th, and second semester starts February 3rd.

School District Calendar

Below is a copy of the school district calendar for 2019- 2020. This calendar can also be found in Google Drive, staff folder, schedules folder, all school schedules.

Learning Improvement Fridays (LIF)

LIF days occur on designated Fridays at the end of the school day. The purpose of this student early release time is to provide a resource for school improvement work that consequently protects both instructional time for teachers and students, and the individual and collaborative preparation activities that have a direct impact on student learning.

Administrator-facilitated Fridays

Administrators will engage with collegial teams on matters related to the continuous improvement of instruction, school programs, professional growth, student learning opportunities and best instructional practices. Partial FTE staff will work with their principal to develop a plan regarding their use of this time.

Employee-facilitated Fridays

Employees will engage in the implementation of programs and classroom instruction, which may include but not be limited to, planning lessons and units, scoring and analyzing students’ work, using the data to plan next steps, and/or collaborating with their colleagues in this process.

Staff Call Backs

To be determined by the principal- they will be communicated out at least two weeks prior to the call back event.

Copies and Printing

Copies cost money. Please be judicious in the use of printers and numbers of copies. This is especially important with color copies. See Wayne or Renee for the color copy code.

The color printer is to be used only if it is something to keep. The color printers are located in the conference room and library. No black and white copies should be sent to the color printers.

It is always cheaper for you to print to the main copy machines. The office manager can assist you with adding the copiers as a printer option if you don’t already know how to do this.

District Policies

In the same Google Drive folder of this document are the District’s policies and procedures that you are responsible for each year. There are quite a few changes, so please be sure to read through these pages carefully. The district policies are also at the bottom of this document.

Early Dismissal/Late Start Procedures for Emergency/Weather Situations

In the case of an early dismissal from school for weather or other emergencies, staff are required by contract to remain on campus until all students have been safely dismissed. Staff are expected to make all safe efforts to arrive at work at the usual time in the case of a late start.

When inclement weather or other emergency conditions delay the start of the school day or cause a school cancellation, you need to listen to the major area radio and TV stations. Most radio and television stations will announce any school schedule change or cancellation every 15 to 30 minutes. Lowell does not implement a phone tree, so you need to rely on the radio and TV to know if school is running late or is cancelled.

Communications

Email: Email is considered a central form of communication in the Everett Public Schools. “All messages on the Everett Public Schools email system are considered to be Public Records. “ No privacy is guaranteed for any message sent on this system. Never send a message that you would not want to see appear in the newspaper, court records, etc. All staff are to check their email each day. During an emergency lockdown, please check your email.

Parent Newsletter: The Lowell Times is published once a month and will be printed and placed in your staff box. Staff members are responsible to give the students this newsletter and have them place it in their folder and/or backpack.

Principal Paws

Principal Paws is the main form of communication used by the principal. It is available every Monday morning and can be located in your email, on the Smores website and in Google Drive, Lowell Staff folder, Principal Paws folder. It is imperative that staff read Principal Paws.

Mailboxes in staff lounge: Teachers are requested to check their mailbox before and after school. Only emergency messages will be delivered to the classroom. Teachers should not send students to the office to retrieve mail. All other staff members are also requested to check their mailboxes daily.

Public Relations: As staff members of Lowell Elementary School and an employee of the Everett Public School, we all share the responsibility to promote a positive image of our school. Studies show that our community members put more faith in the comments of staff members than in our printed information or comments by students. Please use discretion when discussing issues and concerns with others in the community. When approached by reporters regarding sensitive or tragic incidents, refer the reporter to the administration.

Staff – Student Communication

Contact between staff members and students should always be professional and, in order to ensure your own and the students’ safety and welfare, should also be in public and reasonably related to the student’s progress in school. If at any time, you feel that a student is communicating with you in a manner that puts your professionalism at risk, contact an administrator immediately.

Telephone: Students may use a school phone only in an emergency and only with the permission of a teacher or staff member. Students asking to use a phone should be directed to use the phone during lunch or during other non-instructional time. Students are not to be excused from class because they need to use the phone. Arrangements for visiting friends after school, or similar personal issues, are not considered important and should be made at home. Classroom phones – If students will be answering your classroom phone, please train them how to answer your phone appropriately, for example, “Ms. Smith’s classroom, student speaking”.

Voicemail: To facilitate communication with parents, teachers are requested to update their voice mail regularly and to check their voicemail on a daily basis. Remember to answer voicemail within 24 hours of receipt.

Instruction: The ESD has established policy regarding curriculum that states: “The Board recognizes that the delivery of instruction will vary among schools and staff and will be further differentiated by the learning needs of students. Nonetheless, instruction throughout the district will be derived from a common curriculum. An integrated, multi-disciplinary curriculum will provide teachers, students, and parents with the District’s expectations of what students should know and be able to do. Teachers are expected to follow the curriculum. Principals will provide appropriate instructional supervision to ensure implementation.” [2121]

Discipline Process

Lowell is a PBIS school and we will utilize this program when deciding on and implementing corrective actions for a student. Refer to the PBIS manual for specifics of the program.

Goals of Discipline

Discipline is not limited to, classroom instruction, helping students with academics after school in your classroom or other campus location, and meeting with students in a school-sanctioned club or activity. Expressing care and concern for a student when they indicate that they are having personal or academic difficulty is also appropriate. Staff members other than trained counselors should take care, however, to avoid counseling students and should refer them to the school counselor as needed.

In all your interactions, it should be clear that your role as a staff member is separate from your role as a private citizen. Examples of interactions with students where this separation of roles becomes unclear include, but are not limited to, inviting students to your home for social gatherings, engaging in telephone, email, text messaging, or other communications with students that are purely social in nature and not related to school.

The overall goal of all discipline at Lowell is to instruct students in the skills necessary for effective self-discipline and to encourage students to become self-managers. According to ESD Policy 3000, “In order to preserve an orderly and safe learning environment, students must abide by the reasonable rules and instructions of staff. Corrective action shall be fairly and moderately handed out primarily to modify behavior rather than to punish students.”

Teacher Rights and Responsibilities: Teachers have both rights and responsibilities in regard to student discipline in accordance with ESD Policy 3325. In addition, the Collective Bargaining Agreement (CBA) outlines the rights and responsibilities of teachers regarding student discipline. Teacher rights are enumerated in CBA Section 5.07. Teacher responsibilities are stated in CBA Section 10.03 V.

Several pertinent ESD policies include:

“The teacher shall have the right and it shall be his/her responsibility to maintain good order and discipline in the classroom at all times.”

“A teacher may use such appropriate action as is necessary to protect a student, himself / herself, or others from physical abuse or injury.”

The teacher has the right to temporarily remove a student from a classroom in accordance with Policy 3300.

If considering removing a student temporarily from a classroom, the teacher has several options: (1) provide a time-out area for a removed student by placing him/her within sight or hearing; (2) place the student with another teacher; (3) notify the office and send the student there. Please remember to send a step form to the office. Except in emergencies, teachers must take one or more corrective actions before temporarily excluding a student. [3300](CBA 5.07, D-4)

Discipline Policy/Procedures: The principal, assistant principal and support staff are available to assist staff members with counseling and/or behavior needs of students. Emergency situations should be brought to the attention of the principal immediately. If downloaded on your phone, RAVE 911 should be used for an active shooter, fire, life threatening medical emergency, or gas leak, as this is the fastest way to get emergency services here and will notify the entire staff at once. Please refer to your August LID training documents regarding RAVE 911.

Student Behavior at School: All teachers are required to go over the District’s Rights and Responsibility Handbook, including the policy on Sexual Harassment and Bullying and Harassment, with students in a developmentally appropriate way. Teachers need to collect their signed Handbook sheets from EACH parent. These will be returned to the main office and stored for one year.

Teachers should discuss with their students the rules governing student behavior at school and they should continue to remind them about safety on the way to and from school.

PBIS procedures should be reviewed and explicitly taught each year. Routines and procedures should be taught during the first two weeks of school and should be reviewed consistently throughout the year.

See Lowell Student Handbook and District Student’s Rights and Responsibilities for further details about student behavior and expectations.

Assembly Conduct: Assemblies are held for the education and enjoyment of students and faculty. Give every courtesy to the speaker and to the program. It is the responsibility of each student to maintain high standards of conduct. Staff must be seated in student areas (assigned seats if provided or with class) to maintain a positive atmosphere. The universal signal at Lowell to quiet the crowd is, voice level zero, with hand raised in a fist. Then the presenter waits until students adhere to this expectation.

Field Trips: Approval for any field trips must go through Cindy Foster, principal. Field trip forms are available in the office from Wayne Hagin. It is important to plan field trips way in advance so that there is adequate planning time. Refer to the staff calendar for open dates and times for field trips.(2320P)

Chaperones: The number of adult supervisors should be based upon the age of students, duration of the trip, safety considerations, and nature of activities planned. Students should be under the direct supervision of a staff member or adult supervisor. Renee Moore maintains a list of those adult chaperones who are already approved. She can help you determine if your volunteer chaperones are cleared to assist. Be sure to discuss any questions about adequate supervision with Cindy Foster. A district staff member shall accompany students on field trips.

Keys

If you do not have a key and/or employee badge to get into the building, please see the Office Manager and keys will be issued to you with the approval of the Principal. Please follow these guidelines for school keys carefully:

1. Always keep your building keys and badge with you. Keys and staff badge are never to be given to students. 2. Sign a record for each key/badge issued to you. 3. In the event of a lost key or badge, the principal should be notified immediately. The principal is responsible for notifying the maintenance department immediately upon the report of a lost key or badge. 4. Do not duplicate keys. This is a serious violation of district policy. 5. Return all keys/badge when you no longer have assigned school responsibilities for the areas of the campus for which you were issued keys/badge.

Lamination

There is one lamination machine at Lowell and it is located in the kiln room. Due to the high cost of laminating materials and maintenance cost, all lamination is completed by two people designated by the Principal (Colleen Rader and Frances Fritze). If you need something laminated, you will please follow these procedure:

1. Place the papers in the laminating request box in the workroom. 2. Lamination will take place as time allows and finished products will be placed in your box or delivered to your room if too large.

Room Clean-Up: All staff is responsible for keeping classrooms, instructional and office spaces neat and orderly. A special effort needs to be made for total student participation in room clean-up before dismissal time. Students should understand this is their classroom and community and contribute to the care of their space: a) Chairs should be on desks or tables for vacuuming. b) Paper, pencils, books, crayons, etc. off the floor. c) Counters and storage areas should be neat. d) Our students receive breakfast and lunch provided each day. Snacks or food in the classrooms should be kept to a minimum and cleaned up thoroughly at the end of each day. Sticky/syrupy/gooey snacks are not permitted in classrooms. In addition, please focus on healthy, non-sugary snacks when you feel you must feed snacks.

Room and Hallway Decorations: Hallways should be kept clear of trash and other clutter. Please do not put items for surplus out into the hallway. Items for surplus should be left in the room and an email to Shawn Bishop, custodian, be generated asking him to submit an order for the item to be surplused. Also, cc the principal so she is aware of the item needing surplus.

Staff Leaving Building During Work Day: Staff leaving the building during their scheduled lunch or prep period should sign out and inform the office prior to leaving and upon their return. The same is true if a staff member is leaving early from the building.

Staff Absences: Staff are responsible for informing the district of any absence by calling the Automated Sub System or by logging in to the system from the district website. See the office manager if you need training on reporting an absence. Staff must log in or call in to the system personally; the office cannot call a substitute for you. If you feel sick and are unsure of your absence the next day, PLEASE REPORT THE ABSENCE ANYWAY. It is easier to cancel a sub than to find one in the morning.

Staff Substance Abuse and Reporting Process

If you suspect a staff person is at work under the influence of alcohol, a controlled substance or other intoxicants you are to:

1. Immediately have a witness present with the individual. It is preferable to have a witness who has substance abuse training, e.g. a substance abuse counselor.

2. Notify the school administrator and he/she will then notify the Assistant Superintendent or a Human Resources Director immediately whether it is a verified or a second-hand report. You will be then guided through the next steps. It is of little value to report the suspected usage the next day, week or weeks afterwards. Do not take a wait and see approach.

3. Do not send the person home!

4. For certificated staff, keep in mind the Code of Professional Conduct, WAC 180-87-055, Alcohol or Controlled Substance Abuse:

Unprofessional conduct includes:

Being under the influence of alcohol or of a controlled substance, as defined in chapter 69.50 RCW, on school premises or at a school-sponsored activity involving students, following:

Notification of the education practitioner by his or her employer of concern regarding alcohol or substance abuse affecting job performance.

A recommendation by the employer that the education practitioner seek counseling or other appropriate and available assistance; and

The education practitioner has had a reasonable opportunity to obtain such assistance.

The possession, use or consumption on school premises or at school-sponsored activity of a Schedule 1 controlled substance, as defined by the state board of pharmacy, or a Schedule 2 controlled substance, as defined by the state board of pharmacy, without a prescription authorizing such use.

The consumption of an alcoholic beverage on school premises or at a school-sponsored activity involving students if such consumption is contrary to written policy of the school district or school building.

Selling Items at School: The conducting of private business or selling unauthorized items is prohibited.

Child Study Team (CST)

The CST team meets once a week. The purpose of the team is to make decisions and recommendations about the students who are struggling with academics, discipline, attendance, or social-emotional health. If teacher intervention produces unsuccessful results, students are referred by the teacher to the counselor. Also, teachers are expected to complete the CST document prior to referral to the counselor. The CST referral form is in the CST folder in Google Drive.

Student Property

See Student Handbook for Procedure

Privacy Rights of Parents/Guardians of Students

The Everett School District, in compliance with Federal Laws 93-308 and 93-568, presents these facts for the information of parent(s)/guardian(s) and students.

As in the past, a student’s records are open for inspection and review with interpretation to the parent(s)/guardian(s) of the student, legal guardian(s), or the student himself/herself if eighteen years of age or older. Appointments may be made at the principal’s office for viewing cumulative records of grades, achievement test scores, health records, or psychological records. (Psychological are administered only with prior parent(s)/guardian(s) approval.) Parent(s)/guardian(s) or students eighteen years of age or older may view their records, attach written comments, or request a hearing to remove a part of the records.

Student record information will not be released to most persons or agencies without the written consent of the parent(s)/guardian(s). However, the Everett School District will forward elementary and secondary student’s educational records on request to the school in which the student seeks or intends to enroll without further parent(s)/guardian(s) notification. Parent(s)/guardian(s) may receive a copy of the records at their expense if requested. Similarly, transcripts or other information requested by students will be forwarded to colleges and educational institutions to which students are applying.

School Conduct Rules

Refer to the Student Rights and Responsibilities Handbook

Student Recognition: All staff should plan for the recognition of personal and academic achievement of students. “The Board encourages staff to recognize students for significant growth and/or improvement in academic achievement and/or distinguished performance in any school or classroom activity.” [2440]

Substitute/Guest Teachers: Guest Teachers are a critical part of the smooth operation of the education program at Lowell Elementary School. Staff are expected to carefully prepare for any absence, whether pre-arranged or sudden. You should speak frequently with your students concerning your expectations for behavior and activity at any time when the class is being taught by a guest teacher.

1. Each teacher will complete a substitute binder which will be kept in the conference room. See our Google Drive, Staff folder, Staff handbook folder, Guest Teacher handbook folder for all necessary forms. Complete these forms each year and add them to your substitute binder located in the conference room. It is expected you will do this in a timely manner at the beginning of the school year. 2. All staff shall maintain up-to-date seating charts for each class and keep them in a place where a guest teacher can locate them easily. 3. Teachers shall make adequate plans to assist guest teachers in conducting learning experiences appropriate to their subject and the instructional goals. 4. Preferred guest teachers can be requested through the district’s automated substitute calling program. Staff with questions about this system should ask for help from the office manager.

Teaching Supplies: Materials and supplies are available in the workroom/copy room for your use. If you cannot find needed items, please check with the office staff. Students will not be allowed in the copy room at any time. Our budget is tight, so please take only what you need. Student supplies, such as requests for pencils, papers, etc. should be referred to the counselor.

Visitors: All visitors must sign in and out through the front office. Please advise the front office staff if you are expecting a visitor to your classroom. For complete information, refer to the district’s policies on visitors. Certain visitors are prohibited from visiting students. Please see Policy 4314P for specific information.

Work Day: At Lowell Elementary School, the normal work day for certificated staff is from 8:00 to 3:30 pm, except for those days with modified work schedules or when a work day extension has been scheduled.

Attendance: Attendance will be done by the teachers on the computer every day at 9:00. Excused absence notes are expected from parents or guardians and are to be turned into the office daily. Students who are tardy must report to the office for a tardy pass before entering class. Due to the new attendance policy, teachers cannot accept verbal or phone called absences or tardy excuses from parents. Every excuse must be referred to the office. All absence excuses must be in writing and cannot be verbal. Emails are accepted, and excuses can be sent to LOEattendance@everettsd.org .

Bicycles: Children in grades 3, 4 and 5 may ride bicycles to school. They are to be walked across all patrol crossings and while on the school grounds. Students who ride their bikes to school will be required to register their bikes in the school office and must wear a helmet and have a bike lock. Students need to get the bike riding permission form from the office and complete it before starting to ride their bike to school.

Common Area Supervision: Administrators, paraeducators, teachers and support staff are all responsible for all student behavior in common areas. These are all our students. It is important to be sure each child knows what is expected of him in regard to behavior and rules and regulations. Teachers will assist in teaching behavioral expectations for the cafeteria, playground, and hallways. It is crucial that all students understand that all staff have the same authority as teachers in common areas.

Conferences: Regular parent/teacher conferences are scheduled in November and March for grades P through 5. However, teachers are encouraged to maintain close contact with parents through parent-teacher conferences, telephone contact, classroom visits, online/email, parent newsletters, etc. Parent communication is crucial and is part of the TPEP process under Criterion 7. Please see that rubric for performance standards.

Dismissal: Parents shall either wait outside, at the blacktop area to pick up their child, or by car in the drop off/pick up lane. Parents are not to park across the street, then walk to the school. Upon dismissal, the students are to leave the school grounds and go directly home. Exceptions will be made for patrols, students assigned to special tasks, activities or projects.

*All early dismissals must be cleared through the office; and all students must be picked up by parent/guardian from the office. Parents that appear at your door, without a visitor’s pass, must be sent to the office.

Forgotten Items at Home: Parents/Guardians should deliver forgotten lunches, coats, etc. to the office rather than disturbing a class in session.

Ill Students and those needing First Aid: Students who are ill or are in need of first aid should be sent to the health room with a hall pass. All cases where students are injured or become seriously ill should be reported immediately to the health room or school office. It is the responsibility of the assigned duty person to fill out an accident report form for any injury. Teachers are encouraged to use their best judgment in referring students to the health room. Please only send students who are sick or injured.

Instructional Materials Policy: Our district has selected core instructional programs for ELA, math and science. When choosing supplemental materials, please adhere to the district policy 2311.

Money: No money should be left at school overnight. Also, it should not be left in student desks during the day. Students should only bring enough money for lunch to school. Money for field trips or special activities must be collected in the morning and turned in to the office daily.

School Activities: All school activities, assemblies, clubs, guest speakers or related activities held in the school, other than the authorized curriculum, must be approved by the principal prior to its being carried through.

Student Supervision: Classes are to be supervised by a teacher at all times. Teachers must also supervise their classes when moving from one area to another, in and out of the building. Teachers will be responsible for prompt drop off and pick up of their students from specialists, lunch and/or recess. Please remember, if you are late or early, you are affecting someone else’s ability to carry out their duties on time as well.

Birthdays/Celebrations: In order to preserve the instructional integrity of the classroom, celebrations in the classroom will be limited to the end of the school day. Please consult teachers so they can set aside the necessary time. Treats must be store bought, not homemade. Please no drinks or frozen treats. Sweets should be limited—healthy options are preferred. Avoid bringing any treat with peanuts or peanut butter due to allergies.

Pledge of Allegiance: The Pledge of Allegiance at Lowell is recited in each classroom each morning. According to ESD Policy 2333, “Flag exercises shall be conducted in each classroom at the beginning of the school day and the opening of all school assemblies. Students not reciting the Pledge of Allegiance shall maintain a respectful silence.”

District Policies and Procedures

District policies are adopted by the Everett Public Schools Board of Directors, based on laws and regulations. Procedures are developed by administrative staff to implement Board adopted policies.

Consistent with the requirements of Title IX, Everett Public Schools is committed to provide opportunities in interscholastic athletics for female and male students in the district, which equally and effectively accommodate the athletic interests and abilities of members of both sexes. The district will develop procedures to determine if it is meeting the requirements of Title IX and how the addition of an interscholastic sport may be requested and processed.

Any person having an inquiry concerning Everett Public Schools’ implementation of the state and federal statutes and regulations should contact the district’s Title IX Officer or the district administrator in charge of student athletics.

The superintendent is authorized to develop administrative procedures to implement this policy.

 

Procedure 2152P Nondiscrimination on the Basis of Sex in Education Programs and Activities and Title IX

Title IX Program/Activity Evaluation

To provide equal educational opportunity in its programs, including athletic programs, the Title IX officer, in cooperation with the district’s administrator for athletics, shall be responsible for providing ongoing monitoring to assure that the district’s athletic program effectively accommodates the athletic interests and abilities of both sexes. The Title IX officer shall annually report to the superintendent regarding participation opportunities for students and will recommend any changes needed for program compliance.

Determination of Effective Accommodation

The district will provide participation opportunities in interscholastic athletics for female and male students, which equally and effectively accommodate the athletic interests and abilities of members of both sexes. In determining the district’s compliance with the requirements of Title IX, the following three-prong test will be utilized in determining accommodation:

1.   Provide interscholastic participation opportunities for male and female students in numbers substantially proportionate to their respective enrollments; or

2.   Show a history and continuing practice of program expansion, which is demonstrably responsive to the developing interests, and abilities of both sexes; or

3.   Demonstrate that the program has fully and effectively accommodated the interests and abilities of both sexes.

Student Interest Survey

The district will conduct a formal written survey of every student in all grades that offer interscholastic activities regarding their interests and abilities. The student interest survey will be conducted every three years and will include:

1.   At a minimum, all interscholastic sports currently offered by the district and those sponsored by the Washington Interscholastic Activities Association (WIAA) by sport season; and

2.   A space for the student to indicate interest in additional sports not currently offered by the district and/or not currently sponsored by the WIAA by sport season.

The results of the survey and information from other sources will help determine if program additions, modifications or changes are needed to the existing program to assist the district in program compliance.

Student Requests for Modifications of Existing Programs or Additional Sports

Students may make a formal request for modifying an existing program or adding a new sport. Request forms are available at the district athletic office and will be turned in to the district’s administrator for athletics for processing. The administrator will work with the appropriate building principal to determine if the request can be approved. The athletic administrator will respond back in writing to the requesting party within 20 days of receipt. If the request is not approved, the submitting party may request that it be forwarded to the district’s Title IX officer for consideration during the Title IX officer’s annual report to the superintendent. The Title IX officer will review each request and respond back to the submitting party in writing within 20 days of receipt. If the request is subject to further review, the district’s response shall provide a date of final response.

Procedure 2152P Nondiscrimination on the Basis of Sex in Education Programs and Activities and Title IX (cont.)

Each building will participate in an annual building program review and submit it to the Title IX officer for processing. The content and format of this review will be established by the district’s Title IX officer. The results will be used in the Title IX officer’s annual report to the superintendent.

 

Record Retention

All information gathered and requested by the Title IX officer and presented in the yearly report to the superintendent will be retained for five years. This would include student interest surveys, building program reviews and requests for modification of existing programs or adding of additional sports.

 

Information and Inquiry

Information about Policy 2152 and Procedure 2152P will be published initially and as needed in the Student Rights and Responsibilities Handbook .

 

Any person having an inquiry concerning Everett Public Schools implementation of the state and federal statues and regulations should contact the district’s Title IX Officer or the district administrator in charge of student athletics.

 

Policy 3204 Prohibition of Harassment, Intimidation and Bullying

It shall be a violation of this policy and the district's sexual harassment policy for any student of the district to harass, intimidate or bully another student through electronic, written, verbal, nonverbal, or physical conduct while in or on school property (or in reasonable proximity thereto), school transportation, or at school-sponsored activities off school property.

 

Behaviors/Expressions

HIB can take many forms, including but not limited to, slurs, name calling, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, gestures, hazing, physical attacks, threats or other written, oral, or physical acts or electronically transmitted messages or images.

This policy is not intended to prohibit expression of religious, philosophical, or political views, provided that the expression does not substantially disrupt the educational environment. Many behaviors that do not rise to the level of HIB may still be prohibited by other district policies or building, classroom or program rules.

 

Training

This policy is a component of the district’s responsibility to create and maintain a safe, civil, respectful and inclusive learning community and will be implemented in conjunction with comprehensive training of staff and volunteers.

 

Prevention

The district will provide students with strategies designed to prevent HIB. In its efforts to educate students, the district will seek partnerships with families, law enforcement and other community agencies.

 

Interventions

Interventions will be designed to address the impact that HIB has on victims and upon others impacted by the violation. Interventions will also be designed to change the behavior of the aggressor, and to restore a positive school climate.

The district will consider the frequency of incidents, developmental age of the student, and severity of the conduct to determine intervention strategies. Interventions may include counseling, correcting behavior and discipline, to law enforcement referrals.



 

Procedure 3204P Prohibition of Harassment, Intimidation and Bullying

If allegations are made that a student with an Individual Education Plan (IEP) or Section 504 Plan has been the target of HIB, the school will convene the student’s IEP or Section 504 team to determine whether the incident had an impact on the student’s ability to receive a free, appropriate public education (FAPE). The meeting will occur regardless of whether the HIB incident was based on the student’s disability. During the meeting, the team will evaluate issues such as the student’s academic performance, behavior issues, attendance, and participation in extracurricular activities. If a determination is made that the student is not receiving a FAPE, as a result of the HIB incident, the district will provide all necessary additional services and supports, such as counseling, monitoring and/or reevaluation or revision of the student’s IEP or Section 504 plan, to ensure the student receives a FAPE.

 

Retaliation

Retaliation is prohibited and will result in appropriate discipline. It is a violation of this policy to threaten or harm someone for reporting HIB.

 

False Allegations

Knowingly reporting false allegations of HIB is prohibited. Students or employees will not be disciplined for making a report in good faith. However, persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.

 

Compliance Officer

The superintendent will appoint a compliance officer as the primary district contact to receive copies of all HIB Incident Report Forms and to ensure policy implementation. The name and contact information for the compliance officer will be communicated throughout the district.

 

The superintendent is authorized to direct the development and implementation of procedures to carry out this policy.

A.   Introduction

Everett Public Schools strives to provide students with optimal conditions for learning by maintaining a school environment where everyone is treated with respect and no one is physically or emotionally harmed.

In order to ensure respect and prevent harm, it is a violation of district policy for a student to be harassed, intimidated, or bullied by others in the school community, at school sponsored events, or when such actions create a substantial disruption to the educational process. The school community includes all students, school employees, school board members, contractors, unpaid volunteers, families, patrons, and other visitors. Student(s) will not be harassed because of their race, color, religion, ancestry, national origin, gender, sexual orientation, including gender expression or identity, mental or physical disability, or other distinguishing characteristics.

Any school staff who observes, overhears, or otherwise witnesses harassment, intimidation or bullying or to whom such actions have been reported must take prompt and appropriate action to stop the harassment and to prevent its reoccurrence.

 

B.   Definitions

“Aggressor” means a student, staff member, volunteer, or other member of the school community who engages in the harassment, intimidation or bullying of a student.

“ Harassment,   intimidation   or   bullying ” (HIB) means any intentional electronic, written, verbal, or physical act that:

1.   Physically harms a student or damages the student’s property;

2.   Has the effect of substantially interfering with a student’s education;

3.   Is so severe, persistent, or pervasive that it creates an intimidating, embarrassing or threatening educational environment; or

4.   Has the effect of substantially disrupting the orderly operation of the school.

Conduct that is “substantially interfering with a student’s education” will be determined by considering a targeted student’s grades, attendance, demeanor, interaction with peers, participation in activities, and other indicators.

Procedure 3204P Prohibition of Harassment, Intimidation and Bullying (cont.)

“ Other distinguishing characteristics ” may include, but are not limited to: physical appearance, clothing or other apparel, socio-economic status and weight.

“ Intentional ” refers to the individual’s choice to engage in the act rather than the ultimate impact of the action(s).

“ Retaliation ”   occurs when an aggressor takes adverse action or reprisal against a student because the student has reported incidents of HIB, or because the student has participated in an investigation of HIB.

“ School community ” includes students, staff members, school board members, contractors, volunteers, parents and guardians, families, patrons, and other visitors.

“ Staff member ”   includes, but is not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, classified staff, substitute and temporary teachers, volunteers, or paraprofessionals (both employees and contractors).

“ Targeted student ”   is a student against whom HIB has allegedly been perpetrated.

 

C.   Relationship to Other Laws

The school community should be aware of other laws and procedures that address related issues such as sexual harassment or discrimination, including:

1.   RCW 28A.300.285 – Harassment, Intimidation and Bullying

2.   RCW 28A.640.020 – Sexual Harassment

3.   RCW 28A.642 –Discrimination Prohibition

4.   RCW 49.60.010 – The “law against discrimination”

 

The district will ensure its compliance with all state laws regarding HIB. Nothing in this procedure prevents a student, parent/guardian, school or district from taking action to remediate harassment or discrimination based on a person’s gender or membership in a legally protected class under local, state, or federal law.

D.  Prevention

1.  Dissemination

In each school and on the district’s website the district will prominently post information on reporting HIB; the name and contact information for making a report to a school administrator; and the name and contact information for the district compliance officer.

Annually, the superintendent will ensure that a statement summarizing the policy and procedure is provided in student, staff, volunteer and parent handbooks, is available in school and district offices and/or hallways or is posted on the district’s website.

2.  Education

Annually students will receive age-appropriate information on the recognition and prevention of HIB at student orientation sessions and on other appropriate occasions. The information will include a process to report HIB via the internet, email, text message and phone.

3.  Training

Staff will receive annual training on the district’s policy and procedure, including staff roles and responsibilities, how to monitor common areas and the use of the district’s reporting website.

4.  Prevention Strategies

The district will implement a range of strategies including individual, classroom, school, and district-level approaches to prevent HIB.

Whenever possible, the district will implement evidence-based prevention programs that are designed to increase social competency, improve school climate, and eliminate HIB in schools.

All staff members who observe, overhear, or otherwise witness HIB or to whom such actions have been reported must take prompt and appropriate action to stop the harassment and to prevent its reoccurrence. Minor incidents that staff are able to resolve immediately, or incidents that do not meet the definition of HIB, may require no further action under this procedure.

F.   Compliance Officer

The district compliance officer will:

1.   Serve as the district’s primary contact for HIB. If the allegations in a written report of HIB indicate a potential violation of Policy 3204 , the district staff member who receives the report must promptly notify the district compliance officer. During the course of an investigation of harassment, intimidation or bullying, if the district becomes aware of a potential violation of Policy 3204 , the district investigator must promptly notify the compliance officer. In response, the compliance officer must notify the complainant that their complaint will proceed under the discrimination complaint procedure in WAC 392-190-065 through WAC 392-190-075 .

2.  Provide support and assistance to the principal or designee in resolving complaints.

3.  Receive copies of all HIB reports, discipline referral forms relating to HIB, and letters to parents providing the outcomes of investigations. If a written report of HIB indicates a potential violation of the district’s nondiscrimination policy ( Policy 3210 ), the compliance officer must promptly notify the district’s civil rights compliance coordinator.

4.  Be familiar with the use of the student information system. The compliance officer may use this information to identify patterns of behavior and areas of concern.

5.  Ensure the implementation of the policy and procedure by overseeing the investigative processes, including ensuring that investigations are prompt, impartial, and thorough.

6.  Assess the training needs of staff and students to ensure successful implementation throughout the district, and ensure staff receive annual fall training.

7.  Provide the OSPI School Safety Center with notification of policy or procedure updates or changes on an annual basis.

8.  In cases where, despite school efforts, a targeted student experiences HIB that threatens the student’s health and safety, the compliance officer will facilitate a meeting between district staff and the child’s parents/guardians to develop a safety plan to protect the student.

G.  Incident Reporting

If the HIB incident report allegations indicate discriminatory harassment under Procedure 3210P (such as race, sex, or disability-based harassment) or if such allegations arise during the course of the district’s investigation, the principal or designee will promptly notify the district’s Title IX/Civil Rights Compliance Officer and the complaint will be investigated under Procedure 3210P , as well as the HIB complaint procedure. The Title IX/Civil Rights Compliance Officer will notify the complainant that the complaint will also proceed under Procedure 3210P in a language that the complainant understands.

Step 1: Filing an Incident Report

An individual’s identity need not be revealed when reporting HIB. The report may be filed anonymously, confidentially, or the individual may choose to disclose their identity (non-confidential). Staff members should report incidents of HIB via the reporting website or phone number.

Status of Reporter

a.  Non-Confidential

Individuals may agree to file a report non-confidentially. Complainants agreeing to make their complaint non-confidential will be informed that due process requirements may require that the district release all of the information that it has regarding the complaint to any individuals involved in the incident, but that even then, information will still be restricted to those with a need to know, both during and after the investigation.

The district will, however, fully implement the anti-retaliation provision in Policy 3204 and this procedure to protect complainants and witnesses.

Procedure 3204P Prohibition of Harassment, Intimidation and Bullying (cont.)

Individuals may file a report asking that their identities be kept secret from the accused and other students. Like anonymous reports, no disciplinary action will be taken against an alleged aggressor based solely on a confidential report. (Example: A student tells a playground supervisor about a classmate being bullied near the basketball court but asks that nobody know who reported the incident. The supervisor says, “I can start monitoring the basketball court more closely and keep an eye out for your classmate and any problems that might crop up, but I can’t take any disciplinary action against the bully(ies) unless you or someone else who saw it is willing to let me use their names.

c.   Anonymous

Individuals may file a report without revealing their identity. No disciplinary action will be taken against an alleged aggressor based solely on an anonymous report. Schools may use complaint boxes or develop other methods for receiving anonymous, unsigned reports. Possible responses to an anonymous report include enhanced monitoring of specific locations at certain times of day or increased monitoring of specific students or staff. (Example: An unsigned Incident Report Form dropped on a teacher’s desk led to the increased monitoring of the boys’ locker room in 5th period.)

Step 2: Receiving an Incident Report

All staff members are responsible for receiving oral and written reports. Whenever possible, staff members who initially receive an oral or written report of HIB shall attempt to resolve the incident immediately. If the incident is resolved to the satisfaction of the parties involved, or if the incident does not meet the definition of HIB, no further action may be necessary under this procedure.

All reports of unresolved, severe, or persistent HIB will be recorded on the district reporting website and submitted to the principal or designee, unless the principal or designee is the subject of the complaint.

Step 3: Investigations of Unresolved, Severe, or Persistent HIB

All reports of unresolved, severe, or persistent HIB will be investigated with reasonable promptness. To aid in the investigation in the case of alleged cyberbullying, a request may be made to the reporter to allow access to the social media or internet site(s) on which the cyberbullying is occurring. Any student may have a trusted adult (e.g., parent/guardian, relative, mentor, staff member) with them throughout the report and investigation process.

a.   Upon receipt of the incident report that alleges unresolved, severe, or persistent HIB, the school or district designee will begin an investigation. If there is potential for clear and immediate physical harm to the complainant, the district will immediately contact law enforcement and inform the parent/guardian.

b.   During the course of the investigation, the district will take reasonable measures to ensure that no further incidents of HIB occur between the complainant and the alleged aggressor. If necessary, the district will implement a safety plan for the student(s) involved. The plan may include changing seating arrangements for the complainant and/or the alleged aggressor in the classroom, at lunch, or on the bus; identifying a staff member who will act as a safe person for the complainant; altering the alleged aggressor’s schedule and access to the complainant, and other measures.

If, during the course of an investigation, the district employee conducting the investigation becomes aware of a potential violation of the Policy 3210 , Nondiscrimination, the investigator will promptly notify the district’s civil rights compliance officer. Upon receipt of this information, the civil rights compliance officer must notify the complainant that their complaint will proceed under the discrimination complaint procedure in WAC 392-190-065 through WAC 392-190-075 , as well as the HIB complaint procedure. The notice must be provided in a language that the complainant can understand.

The investigation and response timeline for the discrimination complaint procedure will follow that set forth in WAC 392-190-065 and begins when the district knows or should have known that a written report of HIB involves allegations of a violation of the district’s nondiscrimination policy.

c.  Within two (2) school days after receiving the incident report, the school designee will notify the families of the students involved that a complaint was received and direct the families to the district’s policy and procedure on HIB.

e.  The investigation shall include, at a minimum:

·   An interview with the complainant;

·   An interview with the alleged aggressor;

·   A review of any previous complaints involving either the complainant or the alleged aggressor; and

·   Interviews with other students or staff members who may have knowledge of the alleged incident.

f.  The principal or designee may determine that other steps must be taken before the investigation is complete.

g.  The investigation will be completed as soon as practicable but generally no later than five (5) school days from the initial complaint or report. If more time is needed to complete an investigation, the district will provide the parent/guardian and/or the student with weekly updates.

h.  No later than two (2) school days after the investigation has been completed and submitted to the compliance officer, the principal or designee shall respond in writing or verbally to the parent/guardian of the complainant and the alleged aggressor stating:

·   The results of the investigation;

·   Whether the allegations were found to be factual;

·   Whether there was a violation of policy; and

·   The process for the complainant to file an appeal if the complainant disagrees with results.

 

Because of the laws regarding the confidentiality of student records (FERPA), the principal or designee may not be able to report specific information to the targeted student’s parent/guardian about any disciplinary action taken unless it involves a directive that the targeted student must be aware of in order to report violations.

If the district chooses to contact the parent/guardian by letter, the letter will be mailed to the parent/guardian of the complainant and alleged aggressor by United States Postal Service with return receipt requested unless it is determined, after consultation with the student and appropriate staff (psychologist, counselor, social worker) that it could endanger the complainant or the alleged aggressor to involve their family.

If professional school personnel have reasonable cause to believe that a student is subject to child abuse or neglect, as mandatory reporters they must follow district policy for reporting such cases to Child Protective Services or law enforcement.

If the incident cannot be resolved at the school level, the principal or designee shall request assistance from the district compliance officer.

Step 4: Corrective Measures for the Aggressor

a.  After completion of the investigation, the school or district designee will institute appropriate corrective measures.

b.  Corrective measures will be instituted as soon as possible, but in no event more than five (5) school days after contact has been made with the families or guardians regarding the outcome of the investigation.

c.  Corrective measures that involve student discipline will be implemented according to district Policy 3300 – Student Discipline. If the accused aggressor is appealing the imposition of discipline, the district may be prevented by law and policy from imposing the discipline until the appeal process is concluded.

d.  If a principal or principal’s designee finds that a student, staff member, or other member of the school community knowingly made a false allegation of HIB, that individual may be subject to corrective measures, including discipline.

a.   If the complainant or parent/guardian is dissatisfied with the results of the investigation, they may appeal to the superintendent or designee by filing a written notice of appeal within five (5) school days of receiving the decision. The superintendent or designee will review the investigative report and issue a written decision on the merits of the appeal within five (5) school days of receiving the notice of appeal.

b.   If the targeted student remains dissatisfied after the initial appeal to the superintendent, the student or parent/guardian may appeal to the school board by filing a written notice of appeal with the superintendent within five (5) school days of receiving the superintendent’s written decision.

c.   An appeal to the school board or disciplinary appeal council must be heard within ten (10) school days of receipt of the written notice of appeal to the school board. The school board or disciplinary appeal council will review the record and render a written decision on the merits of the appeal within five (5) school days following the termination of the hearing, and shall provide a copy of the decision to all parties involved. The board or council’s decision will be the final district decision.

Step 6: Discipline

The district will take prompt and equitable corrective measures within its authority on findings of HIB. Depending on the severity of the conduct, corrective measures may include counseling, education, discipline, and/or referral to law enforcement.

Corrective measures for the student who commits an act of HIB will be varied and graded according to the nature of the behavior, the developmental age of the student, or the student’s history of problem behaviors and performance. Corrective measures that involve student discipline will be implemented according to district Policy 3300 – Student Discipline.

If the HIB was of a public nature or involved groups of students or bystanders, the school may consider schoolwide training or other activities to address the incident.

If a staff member has been found to be in violation of Policy 3204 and this procedure, the district may impose disciplinary action, up to and including termination of employment. If a certificated employee is found to have committed a violation of Chapter 181-87 WAC , commonly called the Code of Conduct for Professional Educators, OSPI’s Office of Professional Practices may impose disciplinary action on a certificate, up to and including revocation. Contractor violations of Policy 3204 may result in the loss of contracts.

Step 7: Support for the Targeted Student

Students found to have been subjected to HIB will be provided information regarding resources available to them, and the adverse impact of the harassment on the student shall be addressed. In addition, the safety plan, if any, will be reviewed and modified as appropriate.

F.  Immunity/Retaliation

A staff member, student, or other member of the school community who promptly reports an incident of HIB to an appropriate school official, and who makes this report in compliance with the district’s policy and procedure relating to HIB is immune from a cause of action for damages from arising from any failure to remedy the reported incident.

No staff member, student, volunteer, or other member of the school community may engage in reprisal or retaliation against a student, witness, or other person who brings forward information about an alleged act of HIB. Retaliation is prohibited and will result in appropriate discipline.

G.  Other Resources

Students and families should use the district’s complaint and appeal procedures as a first response to allegations of HIB.

Nothing in this procedure prevents a student, parent/guardian, school, or district from taking action to remediate discrimination or harassment based on a student’s membership in a legally protected class under local, state or federal law. A HIB complaint based on a student’s legally protected status may also be reported to the following state or federal agencies:

360.725.6162

Email: equity@k12.wa.us

www.k12.wa.us/Equity/default.aspx

·   Washington State Human Rights Commission

·   Office for Civil Rights, U.S. Department of Education, Region IX

·   Department of Justice Community Relations Service

·   Office of the Education Ombudsman

·   OSPI Safety Center

H.  Other District Policies and Procedures

Nothing in this procedure is intended to prohibit discipline or remedial action for inappropriate behaviors that do not rise to the level of HIB as defined herein, but which are prohibited by other district or school rules.

For the purposes of this policy, “ sexual harassment ” means unwelcome conduct or communication of a sexual nature. Sexual harassment can occur adult to student, student to adult, student to student or can be carried out by a group of students or adults and will be investigated by the district even if the alleged harasser is not a part of the school staff or student body. The district prohibits sexual harassment of students by other students, employees, or third parties involved in district activities.

Under federal and state law, the term sexual harassment may include:

·   acts of sexual violence;

·   unwelcome sexual or gender-directed conduct or communication that interferes with an individual’s educational performance or creates an intimidating, hostile, or offensive environment;

·   unwelcome sexual advances;

·   unwelcome requests for sexual favors;

·   sexual demands when submission is a stated or implied condition of obtaining an educational benefit;

·   sexual demands where submission or rejection is a factor in an academic, or other school-related decision affecting an individual.

If the district knows, or reasonably should know, that sexual harassment has created a hostile environment, it will promptly investigate to determine what occurred and take appropriate steps to resolve the situation. If an investigation reveals that sexual harassment has created a hostile environment, the district will take prompt and effective steps reasonably calculated to end the sexual harassment, eliminate the hostile environment, prevent its recurrence and as appropriate, remedy its effects. The district will take prompt, equitable and remedial action within its authority on reports, complaints and grievances alleging sexual harassment that come to the attention of the district, either formally or informally. The district will take these steps every time a complaint, alleging sexual harassment comes to the attention of the district, either formally or informally.

 

Allegations of criminal misconduct will be reported to law enforcement and suspected child abuse will be reported to law enforcement or Child Protective Services. Regardless of whether the misconduct is reported to law enforcement, school staff will promptly investigate to determine what occurred and take appropriate steps to resolve the situation, to the extent that such investigation does not interfere with an ongoing criminal investigation. A criminal investigation does not relieve the district of its independent obligation to investigate and resolve sexual harassment.

 

Engaging in sexual harassment will result in appropriate discipline or other appropriate sanctions against offending students, staff or other third parties involved in district activities. Anyone else who engages in sexual harassment on school property or at school activities will have their access to school property and activities restricted, as appropriate.

 

Retaliation and False Allegations

Retaliation against any person who makes or is a witness in a sexual harassment complaint is prohibited and will result in appropriate discipline. The district will take appropriate actions to protect involved persons from retaliation.

Knowingly reporting false allegations of sexual harassment is prohibited. Students or employees will not be disciplined for making a report in good faith. However, persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.

Staff Responsibilities

The superintendent or designee will develop and implement formal and informal procedures for receiving, investigating and resolving complaints or reports of sexual harassment. The procedures will include reasonable and prompt time lines and delineate staff responsibilities under this policy.

Any school employee who witnesses sexual harassment or receives a report, informal complaint, or written complaint about sexual harassment is responsible for informing the district Title IX/Civil Rights Compliance Coordinator. All staff are also responsible for directing complainants to the formal complaint process.

Reports of discrimination and discriminatory harassment will be referred to the district’s Title IX/Civil Rights Compliance Coordinator. Reports of disability discrimination or harassment will be referred to the district’s Section 504 Coordinator.

District/school staff, including employees, contractors, and agents shall not provide a recommendation of employment for an employee, contractor, or agent that the district/school, or the individual acting on behalf of the district/school, knows or has probable cause to believe, has engaged in sexual misconduct with a student or minor in violation of the law.

 

Notice and Training

The superintendent or designee will develop procedures to provide age-appropriate information and education to district staff, students, parents and volunteers regarding this policy and the recognition and prevention of sexual harassment. At a minimum sexual harassment recognition and prevention and the elements of this policy will be included in staff, student, and regular volunteer orientation. This policy and Procedure 3205P , which includes the complaint process, will be posted in each district building in a place available to staff, students, parents, volunteers, and visitors. Information about the policy and procedure will be clearly stated and conspicuously posted throughout each school building, provided to each employee and reproduced in each student, staff, volunteer, and parent handbook. Such notices will identify the district’s Title IX coordinator and provide contact information, including the coordinator’s email address.

Policy 3205 Sexual Harassment of Students (cont.)

The superintendent or designee will make an annual report to the board reviewing the use and efficacy of this policy and Procedure 3205P . Recommendations for changes to this policy, if applicable, will be included in the report. The superintendent or designee is encouraged to involve staff, students, volunteers, and parents in the review process.

 

Procedure 3205P Sexual Harassment of Students

This procedure applies to sexual harassment (including sexual violence) targeted at students carried out by other students, employees or third parties involved in district activities. Because students can experience the continuing effects of off-campus harassment in the educational setting, the district will consider the effects of off-campus conduct when evaluating whether there is a hostile environment on campus. The district has jurisdiction over these complaints pursuant to Title IX of the Education Amendments of 1972, Chapter 28A.640, RCW and Chapter 392-190 WAC .

 

Notice

Reasonable efforts shall be made to inform all students and their parents of the district’s sexual harassment policy and procedure. Information about the district’s sexual harassment policy and procedure will be reproduced in the Student Rights and Responsibilities Policies Handbook , in each schools’ student/parent handbook, staff handbook, and volunteer handbook, posting the policy and procedure in each school building, and discussion of the policy and procedure at each school.

The name and telephone numbers of the building Title IX Officer, as well as the district Title IX/Civil Rights Compliance Officer, and assistant superintendent of human resources shall be posted in such locations in buildings as to be commonly and easily viewed by students and staff.

 

Staff Responsibilities

In the event of an alleged sexual assault, the school principal will immediately inform: 1) the Title IX/Civil Rights Compliance Coordinator so that the district can appropriately respond to the incident consistent with its own grievance procedures; and 2) law enforcement.

The principal will notify the targeted student(s) and their parents/guardians of their right to file a criminal complaint and a sexual harassment complaint simultaneously.

 

Confidentiality

If a complainant requests their name not be revealed to the alleged aggressor or asks that the district not investigate or seek action against the alleged aggressor, the request will be forwarded to the district Title IX Officer for evaluation.

The district Title IX Officer should inform the complainant that honoring the request may limit its ability to respond fully to the incident, including pursuing disciplinary action against the alleged aggressor.

If the complainant still requests their name not be disclosed to the alleged aggressor or that the district not investigate or seek action against the alleged aggressor, the district will need to determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students, staff and other third parties engaging in district activities, including the person who reported the sexual harassment. Although a complainant’s request to have their name withheld may limit the district’s ability to respond fully to an individual allegation of sexual harassment, the district will use other appropriate means available to address the sexual harassment.

 

Retaliation

Title IX prohibits retaliation against any individual who files a complaint under these laws or participates in a complaint investigation. When an informal or formal complaint of sexual harassment is made, the district will take steps to stop further harassment and prevent any retaliation against the person who made the complaint, was the subject of the harassment, or against those who provided information as a witness. The district will investigate all allegations of retaliation and take actions against those found to have retaliated.



 

Procedure 3205P Sexual Harassment of Students (cont.)

Anyone may use informal procedures to report and resolve complaints of sexual harassment. Informal complaints of sexual harassment of students shall be reported to the building principal or designee. The building principal or designee will be responsible for investigation and resolution of informal complaints. The building principal or designee may seek assistance or guidance from the district's Title IX/Civil Rights Compliance Officer. The building principal or designee must notify the complainant of the right to file a formal complaint. The notice shall be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.

 

During the course of the informal complaint process, the district will take prompt and effective steps reasonably calculated to end any harassment and to correct any discriminatory effects on the complainant. If an investigation is needed to determine what occurred, the district will take interim measures to protect the complainant before the final outcome of the district’s investigation (e.g., allowing the complainant to change academic or extracurricular activities or break times to avoid contact with the alleged aggressor). Informal remedies may include:

·   An opportunity for the complainant to explain to the alleged harasser that the conduct is unwelcome, offensive or inappropriate, either in writing or face-to-face;

·   A statement from a staff member to the alleged harasser that the alleged conduct is not appropriate and could lead to discipline if proven or repeated;

·   A general public statement from an administrator in a building reviewing the district sexual harassment policy without identifying the complainant;

·   Developing a safety plan;

·   Separating students; or

·   Providing staff and/or student training.

A.   The district’s Title IX/Civil Rights Compliance Officer, assistant superintendent of human resources or designee shall be responsible for monitoring and coordinating the district’s compliance with WAC 392-190 and related procedures and ensuring that all complaints communicated to the district are promptly investigated and resolved.

 

The Title IX/Civil Rights Compliance Officer (“Compliance Officer”) is:

Mary O’Brien

Everett School District No. 2

3900 Broadway

P.O. Box 2098

Everett, WA 98201

mobrien@everettsd.org

Phone: (425) 385-4106

 

The Executive Director of Human Resources is:

Debra Kovacs

Everett School District No. 2

3900 Broadway

P.O. Box 2098

Everett, WA 98201

dkovacs@everettsd.org

Phone: (425) 385-4100

Procedure 3205P Sexual Harassment of Students (cont.)

B.   The allegations of sexual harassment shall:

1.   be written;

2.   be signed by the complainant;

3.   describe the specific acts, conditions, or circumstances alleged to violate the district’s policies or obligations with regard to discrimination; and

4.   be filed with the compliance officer or assistant superintendent of human resources within one (1) year after the occurrence that is the subject of the complaint, unless the delay is due to specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint or the district withheld information that was required to be provided under WAC 392-190 or related guidelines.

C.  Upon receipt of the complaint, the district’s compliance officer, the assistant superintendent of human resources, or designee will provide the complainant a copy of Procedure 3210P in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI. The district will promptly and thoroughly investigate the complaint. Following completion of the investigation, the compliance officer or the assistant superintendent of human resources shall provide the superintendent or designee with a full written report of the complaint and the results of the investigation, unless the matter is resolved to the satisfaction of the complainant without an investigation or prior to the submission of a written report.

D.  The superintendent or designee shall respond in writing to the complainant within thirty (30) calendar days after the district received the written complaint by the district, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. If an extension is needed, the district will notify the complainant in writing of the reasons for the extension and the anticipated response date in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI. At the time the district responds to the complainant, the district will send a copy of the response to the Office of the Superintendent of Public Instruction.

E.  The response by the superintendent or designee will include:

1.  A summary of the results of the investigation;

2.  Whether the district failed to comply with WAC 392-190 or related guidelines;

3.  If the district failed to comply with WAC 392-190 or related guidelines, the corrective measures deemed necessary to correct the noncompliance; and

4.  Notice of the complainant’s right to appeal under WAC 392-190-005 , including where and with whom the appeal should be filed.

The district’s response to the complaint will be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency in accordance with Title VI.

F.  Corrective measures necessary to correct any noncompliance shall be instituted as expeditiously as possible, but no later than thirty (30) calendar days after the district’s written response to the complainant, unless otherwise agreed to by the complainant.

G.  A complainant may appeal the superintendent or designee’s decision to a hearing officer designated by the district to hear the appeal by filing a written notice of appeal with the superintendent on or before the tenth (10th) calendar day from the date the complainant received the superintendent or designee’s response. The hearing officer shall not have been involved in the initial complaint or investigation.

H.  Upon receipt of an appeal, the hearing officer shall provide a written appeal decision to the complainant in a timely manner, not to exceed thirty (30) calendar days from the date the district received the appeal, unless otherwise agreed to by the complainant. The appeal decision will include notice of the complainant’s right to file a complaint with the superintendent of public instruction under WAC 392-190-075 . The decision of the hearing officer will be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency in accordance with Title VI. The decision of the hearing officer will include notice of the complainant’s right to file a complaint with the Office of the Superintendent of Public Instruction. The district will send a copy of the appeal decision to the Office of the Superintendent of Public Instruction.

Procedure 3205P Sexual Harassment of Students (cont.)

Mediation of Complaints

A.  The district may offer mediation, at its expense, to resolve a complaint at any time during the complaint procedure. Mediation:

1.  Must be voluntary;

2.  Requires the agreement of the district and the complainant;

3.  May be terminated by either party during the mediation process;

4.  Cannot be used to deny or delay a complainant’s right to utilize the complaint procedure; and

5.  Be conducted by a qualified and impartial mediator, who is not an employee of the district or providing services to a student who is the subject of the mediation.

B.  If the parties resolve the complaint through mediation, the parties may execute a legally binding agreement that:

1.  Sets forth the resolution;

2.  States that all discussions that occurred during the mediation process will remain confidential and not be used as evidence in any future complaint, due process hearing, or civil proceeding; and

3.  Is signed by both the complainant and a district representative.

C.  The complainant and district may agree to extend the complaint timelines to pursue mediation.

Disciplinary Action

The district will take such disciplinary action as it deems necessary and appropriate to end harassment and to prevent its reoccurrence. Such disciplinary action will be consistent with state and federal law. When deemed appropriate by the district, the district shall provide support and/or assistance for individuals who have been subjected to harassment in the district’s educational environment.

Training and Orientation

A fixed component of all district orientation sessions for staff, students and regular volunteers will introduce the elements of the sexual harassment policy. Staff will be provided information on recognizing and preventing sexual harassment. Staff will be fully informed of the formal and informal complaint processes and their roles and responsibilities under the policy and procedure.

Certificated staff will be reminded of their legal responsibility to report suspected child abuse, and how that responsibility may be implicated by some allegations of sexual harassment. Regular volunteers will get the portions of this component of orientation relevant to their rights and responsibilities.

Students will be provided with age-appropriate information on the recognition and prevention of sexual harassment and their rights and responsibilities under this and other district policies and rules at student orientation sessions and on other appropriate occasions, which may include parents.

As part of the information on the recognition and prevention of sexual harassment staff, volunteers, students and parents will be informed that sexual harassment may include, but is not limited to:

·   Demands for sexual favors in exchange for preferential treatment or something of value;

·   Stating or implying that a person will lose something if the person does not submit to a sexual request;

·   Penalizing a person for refusing to submit to a sexual advance, or providing a benefit to someone who does;

·   Making unwelcome, offensive or inappropriate sexually suggestive remarks comments, gestures, or jokes; or remarks of a sexual nature about a person's appearance, gender or conduct;

·   Using derogatory sexual terms for a person;

·   Standing too close, inappropriately touching, cornering or stalking a person; or

·   Displaying offensive or inappropriate sexual illustrations on school property.

Procedure 3205P Sexual Harassment of Students (cont.)

Annually, in conjunction with the report to the board of directors on the district’s Affirmative Action Plan, the Title IX/Civil Rights Compliance Officer will review the use and efficacy of the sexual harassment policy and procedures.

Policy and Procedure Review

Annually, the superintendent or designee will convene an ad hoc committee composed of representatives of certificated and classified staff, volunteers, students and parents to review the use and efficacy of this policy and procedure. The compliance officer will be included in the committee. Based on the review of the committee, the superintendent or designee will prepare a report to the board including, if necessary, any recommended policy changes. The superintendent will consider adopting changes to this procedure if recommended by the committee.

 

Policy 3210 Nondiscrimination

District students shall be free from harassment based on legally protected attributes or characteristics.

Conduct against any student that is based on one of the categories listed above that is sufficiently severe, persistent or pervasive as to limit or deny the student’s ability to participate in or benefit from the district’s course offerings, educational programming or any activity will not be tolerated. When a district employee knows, or reasonably should know, that such discriminatory harassment is occurring or has occurred, the district will take prompt and effective steps reasonably calculated to end the harassment, prevent its recurrence and remedy its effects.

The district’s nondiscrimination statement will be included in all written announcements, notices, recruitment materials, employment applications, and other publications made available to all students, parents, or employees. The statement will include:

1.   Notice that the district will not discriminate in any programs or activities on the basis of any of the above-listed categories;

2.   The name and contact information of the district’s compliance officer designated to ensure compliance with this policy; and

3.   The names and contact information of the district’s Section 504 and Title IX compliance officers.

The district will annually publish notice reasonably calculated to inform students, students’ parents/guardians (in a language that they can understand, which may require language assistance), and employees of the district’s discrimination complaint procedure.

The superintendent will designate a staff member to serve as the affirmative action/Title IX compliance officer for this policy. The compliance officer will be responsible for investigating any discrimination complaints communicated to the district.

The district will offer or provide training to administrators and certificated and classroom personnel on their responsibility to raise awareness of and to eliminate bias based on the categories identified in this policy.

The superintendent or designee shall provide for the annual evaluation, periodic surveys, annual notice and complaint procedures as required by law to ensure that there is in fact equal opportunity and treatment for all students in the district.

Procedure 3210P Nondiscrimination

·   Grievance means a complaint which has been filed by a complainant relating to the alleged violations of any state or federal anti-discrimination laws.

·   Complaint means a written, signed charge alleging specific acts, conditions or circumstances, which are in violation of the anti-discrimination laws. Complaints may be submitted by mail, fax, email or hand-delivery to any district or school administrator, or to any employee designated under WAC 392-190-060 , or to the district compliance officer responsible for investigating discrimination complaints. Any district employee who receives a complaint that meets these criteria will promptly notify the compliance officer.

The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint. To this end, specific steps will be taken. The district is prohibited by law from intimidating, threatening, coercing or discriminating against any individual for the purpose of interfering with their right to file a grievance under this policy and procedure and from retaliating against an individual for filing such a grievance.

Informal Complaints

At the student and parent/guardian’s option, attempts will be made to resolve complaints of discrimination or discriminatory harassment informally, expeditiously and at the closest point of administrative responsibility to the alleged offense. Informal complaints of discrimination or discriminatory harassment of students shall be reported to the building principal/designee. The building principal/designee will be responsible for investigation and resolution of informal complaints. The building principal/designee may seek assistance or guidance from the district's Title IX/Civil Rights Compliance Officer. The building principal/designee must notify the complainant of his/her right to file a formal complaint under this policy. The notice shall be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.

 

Formal Complaints

 

Level One – Complaint to the District

A.  The district’s Title IX/Compliance officer, assistant superintendent of human resources or designee shall be responsible for monitoring and coordinating the district’s compliance with WAC 392-190 and related procedures and ensuring that all complaints communicated to the district are promptly investigated and resolved.

The Title IX/Compliance officer is:

Mary O’Brien

Everett School District No. 2

3900 Broadway

P.O. Box 2098

Everett, WA 98201

mobrien@everettsd.org

Phone: 425-385-4106

 

The Executive Director of Human Resources is:

Debra Kovacs

Everett School District No. 2

3900 Broadway

P.O. Box 2098

Everett, WA 98201

dkovacs@everettsd.org  

Phone: 425-385-4100

 

The Title IX/Compliance officer or designee will receive and investigate formal complaints that involve only students. The assistant superintendent of human resources or designee will receive and investigate formal complaints when allegations of discrimination are brought against employees or other adults. School or district administrators who receive a formal complaint of discrimination or discriminatory harassment will promptly notify the Title IX/Compliance officer or assistant superintendent of human resources and forward a copy of the complaint.

Procedure 3210P Nondiscrimination (cont.)

1.   be written;

2.   be signed by the complainant;

3.   describe the specific acts, conditions, or circumstances alleged to violate the district’s policies or obligations with regard to discrimination; and

4.   be filed with the Title IX/Compliance officer or assistant superintendent of human resources within one (1) year from the date of the occurrence that is the subject of the complaint, unless the delay is due to specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint or the district withheld information that was required to be provided under WAC 392-190 or related guidelines.

C.  Upon receipt of the complaint, the district’s Title IX/Compliance officer, the assistant superintendent of human resources, or designee will provide the complainant a copy of Procedure 3210P in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI. The district will promptly and thoroughly investigate the complaint. Following completion of the investigation, the Title IX Compliance officer or the assistant superintendent of human resources shall provide the superintendent/designee with a full written report of the complaint and the results of the investigation, unless the matter is resolved to the satisfaction of the complainant without an investigation or prior to the submission of a written report.

D.  The superintendent/designee shall respond in writing to the complainant within thirty (30) calendar days after the district received the written complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. If an extension is needed, the district will notify the complainant in writing of the reasons for the extension and the anticipated response date in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI. At the time the district responds to the complainant, the district will send a copy of the response to the office of the superintendent of public instruction.

E.  The response by the superintendent/designee will include:

1.  A summary of the results of the investigation;

2.  Whether the district failed to comply with WAC 392-190 or related guidelines;

3.  If the district failed to comply with WAC 392-190 or related guidelines, the corrective measures deemed necessary to correct the noncompliance; and

4.  Notice of the complainant’s right to appeal under WAC 392-190-005 , including where and with whom the appeal should be filed.

The district’s response to the complaint will be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency in accordance with Title VI.

F.  Corrective measures necessary to correct any noncompliance shall be instituted as expeditiously as possible, but no later than thirty (30) calendar days after the district’s written response to the complainant, unless otherwise agreed to by the complainant.

A.  A complainant may appeal the superintendent’s/designee’s decision to a hearing officer designated by the superintendent to hear the appeal by filing a written notice of appeal with the superintendent on or before the tenth (10th) calendar day from the date the complainant received the superintendent/designee’s response. The hearing officer shall not have been involved in the initial complaint or investigation.

B.  Upon receipt of an appeal, the hearing officer shall provide a written appeal decision to the complainant in a timely manner, not to exceed thirty (30) calendar days from the date the district received the appeal, unless otherwise agreed to by the complainant. The appeal decision will include notice of the complainant’s right to file a complaint with the superintendent of public instruction under WAC 392-190-075 . The decision of the hearing officer will be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency in accordance with Title VI.

A.   In the event a complainant disagrees with the appeal decision of the hearing officer or if the district fails to comply with the procedures in WAC 392-190-065 or WAC 392-190-070 , the complainant may file a complaint with the office of the superintendent of public instruction under WAC 392-190-075 . A complaint must be received by the office of the superintendent of public instruction within twenty (20) calendar days after the complainant received the hearing officer’s written appeal decision, unless the superintendent of public instruction grants an extension for good cause. Complaints may be submitted by mail, fax, email or hand delivery.

1.  A complaint must be in writing and include:

·   A description of the specific acts, conditions or circumstances alleged to violate applicable anti-discrimination laws;

·   The complainant’s name and contact information, including address;

·   The name and address of the district subject to the complaint;

·   A copy of the district’s complaint and appeal decision, if any; and

·   A proposed resolution of the complaint or relief requested.

2.  Upon receipt of a complaint, the office of the superintendent of public instruction may initiate an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board. Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or WAC 392-190 , and will issue a written decision to the complainant and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed.

All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension. If timely compliance is not achieved, OSPI may take action including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance.

A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint. OSPI may provide technical assistance and dispute resolution methods to resolve a complaint.

Level Four – Administrative Hearing

A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, RCW 34.05.

A.  The district may offer mediation, at its own expense, to resolve a complaint at any time during the complaint procedure. Mediation must be voluntary and requires the mutual agreement of the district and the complainant. It may be terminated by either party at any time during the mediation process. It cannot be used to deny or delay a complainant’s right to utilize the complaint procedure.

 

Mediation must be conducted by a qualified and impartial mediator who may not:

1.   Be an employee of any school district, public charter school, or other public or private agency that is providing education related services to a student who is the subject of the complaint being mediated; or

2.   Have a personal or professional conflict of interest. A mediator is not considered an employee of the district or charter school or other public or private agency solely because he or she serves as a mediator.

B.   If the parties resolve the complaint through mediation, the parties may execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during the mediation process will remain confidential and not be used as evidence in any future complaint, due process hearing, or civil proceeding. The agreement must be signed by both the complainant and a district representative who has authority to bind the district.

C.   The complainant and district may agree to extend the complaint timelines to pursue mediation.

The files containing copies of all correspondence relative to each complaint communicated to the district and the disposition, including any corrective measures instituted by the district, shall be retained in the office of the Title IX/Compliance officer for a period of six (6) years after resolution or closure of the complaint.

 

Policy 3213 Transgender Students

·   Develop understanding of that student's individual needs with respect to his or her gender expression or identity; and

·   Develop a shared understanding of the student's day-to-day routine within the school so as to foster a relationship and help alleviate any apprehensions the student may have with regard to his or her attendance at school.

The principal or designee may not require the student to attend a meeting as a condition of providing them with the protection to which they are entitled under Policy and Procedure 3213, and state and federal law regarding gender expression or identity.

Definitions/Terms

·   Gender Expression is how a person expresses his or her gender, often through behavior, emotional expression, mannerisms, dress, grooming, interests, and activities.

·   Gender Identity refers to one's deeply felt internal sense of being female, or male, or both, or neither, regardless of the gender assigned at birth.

·   Gender Nonconforming describes a person whose gender expression differs from stereotypical expectations about how the person should look or act based on the gender assigned at birth. This term includes people who identify outside traditional gender categories or identify as both genders, or as gender neutral.

·   Biological Sex/Sex refers to a person’s internal and external anatomy, chromosomes, and hormones.

·   Transgender is a general term often used to describe a person whose gender identity and/or expression is different from that traditionally associated with the person's gender assigned at birth.

·   Transitioning refers to the process in which a person goes from living and identifying as one gender to living and identifying as another.

Procedure 3213P Transgender Students (cont.)

The district is required to maintain a permanent student record which includes the student’s legal name and the student's gender. The district will change a student's official records to reflect a change in legal name or gender upon receipt of:

1.   Documentation that the student’s legal name or gender has been changed pursuant to a court order or through amendment of state or federally-issued identification; or

2.   A written, signed statement explaining that a student over the age of eighteen (18) has exercised a common-law name change and has changed his or her name for all intents and purposes and that the change has not been made for fraudulent reasons.

·   Document the transaction (request for the change, proof of identity, certificate, court papers, etc.);

·   Issue a new record; and

·   Retain (1) the original record; (2) the newly issued record; and (3) the documentation of the transaction.

Information about a student's gender status, legal name, or gender assigned at birth may constitute confidential medical or educational information. Disclosing this information to other students, their parents, or other third parties may violate privacy laws, such as the federal Family Education Rights and Privacy Act (FERPA) ( 20 U.S.C. §1232; 34 C.F.R. Part 99 ). Therefore, to ensure the safety and well-being of the student, school employees should not disclose a student's transgender or gender nonconforming status to others, including the student's parents and/or other school personnel, unless the school is (1) legally required to do so, or (2) the student has authorized such disclosure.

 

Communication and Use of Names and Pronouns

An appropriate school employee will privately ask known transgender or gender nonconforming students how they would like to be addressed in class, in correspondence to the home, and at conferences with the student’s parent/guardian. That information will be included in the electronic student record system along with the student’s legal name in order to inform teachers and staff of the name and pronoun by which to address the student. When appropriate or necessary, this information will be communicated directly with staff to facilitate the use of proper names and pronouns. A student is not required to change his or her official records or obtain a court-ordered name and/or gender change as a prerequisite to being addressed by the name and pronoun that corresponds to his or her gender identity.

 

When communicating with transgender or gender nonconforming students regarding particular issues such as conduct, discipline, grades, attendance or health, school employees will focus on the conduct or particular issues rather than making assumptions regarding the student’s actual or perceived gender identity. When communicating with parents/guardians of transgender or gender nonconforming students, school employees will refrain from the use of gender pronouns and refer to the student by name whenever practicable. The district will not condone the intentional and persistent refusal to respect a student’s gender identity, or inappropriate release of information regarding a student’s transgender status.

 

Restroom Accessibility

Students will be allowed to use the restroom that corresponds to the gender identity consistently asserted at school. No student will be required to use a restroom that conflicts with his or her gender identity.



 

Procedure 3213P Transgender Students (cont.)

Use of locker rooms by transgender or gender nonconforming students will be assessed on a case-by-case basis, with the goal of maximizing transgender or gender nonconforming student social integration, providing an equal opportunity to participate in physical education classes and athletic opportunities, ensuring the student’s safety and comfort, and minimizing stigmatization of the student. In most cases, the district should provide the student access to the locker room that corresponds to the gender identity consistently asserted at school. Any student who has a need or desire for increased privacy, regardless of the underlying reason, should be provided with a reasonable alternative changing area, such as:

·   Use of a private area (e.g., nearby restroom stall with a door, an area separated by a curtain, an office in the locker room, or a nearby health room office restroom); or

·   A separate changing schedule (i.e., utilizing the locker room before or after the other students).

The district will provide all students, including transgender students, the opportunity to participate in physical education and athletic programs/opportunities in a manner that is consistent with his or her gender identity.

 

A student may seek review of his or her eligibility for participation in interscholastic athletics by the procedure set forth in the Washington Interscholastic Activities Association ( WIAA ) handbook.

Dress Codes

The district will allow students to dress according to the gender with which they consistently identify, within the constraints of the dress codes adopted at his or her school site and within the constraints of the district guidelines for dress as they relate to health and safety issues (e.g., prohibitions on wearing gang-related apparel).

 

Other School Activities

In any school activity involving separation by gender (i.e., class discussions, field trips), students will be permitted to participate in accordance with the gender identity they consistently assert at school. Teachers and other school employees will make every effort to separate students based on factors other than gender where practicable.

 

Training and Professional Development

When practical, the district will conduct staff training and ongoing professional development as needed in an effort to build the skills of all staff members to prevent, identify and respond to harassment and discrimination. The content of such professional development should include, but not be limited to:

·   Terms and concepts related to gender identity, gender expression, and gender diversity in children and adolescents;

·   Appropriate strategies for communicating with students and parents about issues related to gender identity and gender expression, while protecting student privacy;

·   Strategies for preventing and intervening in incidents of harassment and discrimination, including cyber-bullying; and

·   District and staff responsibilities under applicable laws and district policies regarding harassment, discrimination, and gender identity and expression issues.

Discrimination and harassment on the basis of sex, sexual orientation, or gender identity or expression are prohibited. It is the responsibility of each school, the district and all staff to ensure that all students, including transgender and gender nonconforming students, have a safe school environment. The scope of this responsibility includes ensuring that any incident of discrimination or harassment is given immediate attention and/or reported to the district’s Civil Rights Compliance Coordinator.



 

Procedure 3213P Transgender Students (cont.)

1.   If the problem is not satisfactorily resolved at the building level, a written complaint should be filed by the citizen to the associate superintendent, deputy superintendent, department manager, or the superintendent. The complaint should describe the problem and what solution seems appropriate. Copies should be sent to the building leader and staff member involved.

 

2.   The building leader and staff member shall respond to the complaint, in writing or in person, to the superintendent, associate superintendent, deputy superintendent, or department manager.

 

3.   The superintendent or designee shall then attempt to resolve the matter through conference with the citizen, staff member and building leader.

 

4.   If the matter is still not resolved, the superintendent shall present the issue to the board in an executive session in accordance with district personnel policies and procedures.

 

5.   This procedure shall govern complaints not covered more specifically by some other district policy or procedure or an applicable collective bargaining agreement. See, for example, Selection and Adoption of Instructional Materials, Policy 2311 ; Harassment, Policy 3205 ; Nondiscrimination, Policy 3210 ; Sexual Harassment, Policy 5160 ; and Affirmative Action and Nondiscrimination 5010P .

District employees shall be free from harassment based on legally protected attributes or characteristics. The district shall implement programs and practices that value diversity, ensure equity, and build understanding, awareness, and appreciation of the diverse array of human characteristics, needs and perspectives that influence the district environment.   

The district shall also make reasonable accommodation to the known sensory, mental or physical limitations of an otherwise qualified disabled applicant or employee unless an accommodation would impose an undue hardship on the operation of the district program.

Policy 5010 Affirmative Action and Nondiscrimination (cont.)

It shall be the responsibility of the superintendent or designee to develop an Affirmative Action Plan and procedures to be followed by management and supervisory personnel in all schools and departments of the district to carry out the provisions and intent of this policy.

 

Procedure 5010P Affirmative Action and Nondiscrimination

The board of directors of the Everett School District recognizes that an Affirmative Action Employment Plan is a sound employment practice, as well as a positive approach toward achieving lasting and equitable human resources policies and procedures.

 

In accordance with state and federal requirements, the district shall develop an Affirmative Action Plan. Such a plan shall include a work force analysis, a projection of possible work force vacancies, an analysis of activities designed to take appropriate affirmative action and a grievance procedure.

 

The superintendent or designee shall be responsible for the development, implementation and annual reporting of the Affirmative Action Plan. The overall responsibility for monitoring and auditing this plan shall be assigned to the human resources department.

 

Nondiscrimination

The district shall provide equal employment opportunity for all applicants and employees in recruitment, hiring, retention, assignment, transfer, promotion and training. The district shall also make reasonable accommodation to the known sensory, mental or physical limitations of an otherwise qualified disabled applicant or employee unless an accommodation would impose an undue hardship on the operation of the district program. District employees shall be free from harassment based on legally protected attributes or characteristics.

 

In cases where employees or applicants believe that they have been discriminated against on the basis of their legally protected status, that their disabilities have not been reasonably accommodated, or that they have been harassed on the basis of their legally protected status, the employee or applicant may file a complaint using the complaint process set forth in this procedure. To ensure fairness and consistency, these procedures are to be used to address complaints covered by state and federal equal employment laws, including the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), Titles VII and IX of the Civil Rights Act, the Washington Law Against Discrimination, and/or the district’s Affirmative Action Plan. No person shall be retaliated against because of the utilization of these procedures. The assistant superintendent of human resources or designee shall investigate all allegations of noncompliance or discrimination.

 

Informal Complaints

With regard to ADA matters, a distinction is to be made between a request for accommodation and a complaint. A request for accommodation should be submitted to the assistant superintendent of human resources. The parties should cooperate to resolve any issues of accommodation through an interactive process prior to the filing of a formal complaint. A complaint is to be filed only in the event there is a complaint of noncompliance after a request for accommodation has been made.

 

At the employee’s option, attempts will be made to resolve complaints of discrimination informally, expeditiously and at the closest point of administrative responsibility to the alleged offense. Informal complaints of discrimination of an employee may be reported to his/her supervisor, the affirmative action officer, or the assistant superintendent of human resources. The supervisor will be responsible for investigation and resolution of informal complaints. The supervisor may seek assistance or guidance from the district's affirmative action officer or assistant superintendent of human resources. The supervisor must notify the complainant of his/her right to file a formal complaint under this policy and procedure. The notice shall be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.  

 

Procedure 5010P Affirmative Action and Nondiscrimination (cont.)

A.   The district’s assistant superintendent of human resources or designee shall be responsible for monitoring and coordinating the district’s compliance with WAC 392-190 and related procedures and ensuring that all complaints communicated to the district are promptly investigated and resolved.

1.  Be written;

2.  Be signed by the complainant;

3.  Describe the specific acts, conditions, or circumstances alleged to violate the district’s policies or obligations with regard to sexual harassment; and

4.  Be filed with the assistant superintendent of human resources within one (1) year after the occurrence that is the subject of the complaint, unless the delay is due to specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint or the district withheld information that was required to be provided under WAC 392-190 or related guidelines.

C.  Upon receipt of the complaint, the district’s assistant superintendent of human resources or designee will provide the complainant a copy of Procedure 5010P in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI. The district will promptly and thoroughly investigate the complaint. Following completion of the investigation, the assistant superintendent of human resources shall provide the superintendent or designee with a full written report of the complaint and the results of the investigation, unless the matter is resolved to the satisfaction of the complainant without an investigation or prior to the submission of a written report.

D.  The superintendent or designee shall respond in writing to the complainant within thirty (30) calendar days after the district received the written complaint by the district, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. If an extension is needed, the district will notify the complainant in writing of the reasons for the extension and the anticipated response date in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI. At the time, the district responds to the complainant, the district will send a copy of the response to the Office of the Superintendent of Public Instruction.

E.  The response by the superintendent or designee will include:

1.  A summary of the results of the investigation;

2.  Whether the district failed to comply with WAC 392-190 or related guidelines;

3.  If the district failed to comply with WAC 392-190 or related guidelines, the corrective measures deemed necessary to correct the noncompliance; and

4.  Notice of the complainant’s right to appeal under WAC 392-190-070 , including where and with whom the appeal should be filed.

The district’s response to the complaint will be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency in accordance with Title VI.

Procedure 5010P Affirmative Action and Nondiscrimination (cont.)

G.   A complainant may appeal the superintendent or designee’s decision to a hearing officer designated by the district to hear the appeal by filing a written notice of appeal with the superintendent on or before the tenth (10th) calendar day from the date the complainant received the superintendent or designee’s response. The hearing officer shall not have been involved in the initial complaint or investigation.

H.   Upon receipt of an appeal, the hearing officer shall provide a written appeal decision to the complainant in a timely manner, not to exceed thirty (30) calendar days from the date the district received the appeal, unless otherwise agreed to by the complainant. The appeal decision will include notice of the complainant’s right to file a complaint with the superintendent of public instruction under WAC 392-190-075 . The appeal decision will be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency in accordance with Title VI. The decision of the hearing officer will include notice of the complainant’s right to file a complaint with the Office of the Superintendent of Public Instruction. The district will send a copy of the appeal decision to the Office of the Superintendent of Public Instruction.

I.  In the event a complainant disagrees with the appeal decision of the hearing officer or if the district fails to comply with the procedures in WAC 392-190-065 or WAC 392-190-070 , the complainant may file a complaint with the Office of the Superintendent of Public Instruction under WAC 392-190-075 . A complaint must be received by the Office Superintendent of Public Instruction within twenty (20) calendar days after the complainant received the hearing officer’s written appeal decision.

A.  The district may offer mediation, at its expense, to resolve a complaint at any time during the complaint procedure. Mediation:

6.  Must be voluntary;

7.  Requires the agreement of the district and the complainant;

8.  May be terminated by either party during the mediation process;

9.  Cannot be used to deny or delay a complainant’s right to utilize the complaint procedure; and

10.  Be conducted by a qualified and impartial mediator, who is not an employee of the district and who has no personal or professional conflict of interest.

B.  If the parties resolve the complaint through mediation, the parties may execute a legally binding agreement that:

4.  Sets forth the resolution;

5.  States that all discussions that occurred during the mediation process will remain confidential and not be used as evidence in any future complaint, due process hearing, or civil proceeding; and

6.  Is signed by both the complainant and a district representative.

C.  The complainant and district may agree to extend the complaint timelines to pursue mediation.

The files containing copies of all correspondence relative to each complaint communicated to the district and the disposition, including any corrective measures instituted by the district, shall be retained in the office of the Title IX/Compliance officer following the State of Washington’s School Districts Records Retention Schedule .

 

Policy 5160 Sexual Harassment

1.   Submission to such conduct is made either an explicit or implicit term or condition of an individual's employment, or

2.   Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that person, or

3.   Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

These procedures have been developed for the resolution of sexual harassment complaints of employees or volunteers of the district. No person shall be adversely affected in any way because of the utilization of these procedures.

 

Informal Complaints

At the employee/volunteer’s option, attempts will be made to resolve complaints of discriminatory harassment informally, expeditiously and at the closest point of administrative responsibility to the alleged offense. Informal complaints of discriminatory harassment of an employee/volunteer may be reported to his/her supervisor, the Affirmative Action officer, or the assistant superintendent of human resources. The supervisor will be responsible for investigation and resolution of informal complaints. The supervisor may seek assistance or guidance from the district's Affirmative Action Officer or assistant superintendent of human resources. The supervisor must notify the complainant of his/her right to file a formal complaint under this policy. The notice shall be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI of the Civil Rights Act of 1964.  



 

Procedure 5160P Sexual Harassment (cont.)

A.   The district’s assistant superintendent of human resources or designee shall be responsible for monitoring and coordinating the district’s compliance with WAC 392-190 and related procedures and ensuring that all complaints communicated to the district are promptly investigated and resolved.

B.  The allegations of discriminatory harassment shall:

1.  Be written;

2.  Be signed by the complainant;

3.  Describe the specific acts, conditions, or circumstances alleged to violate the district’s policies or obligations with regard to sexual harassment; and

4.  Be filed with the assistant superintendent of human resources or designee within one (1) year after the occurrence that is the subject of the complaint, unless the delay is due to specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint or the district withheld information that was required to be provided under WAC 392-190 or related guidelines.

C.  Upon receipt of the complaint, the district’s assistant superintendent of human resources or designee will provide the complainant a copy of Procedure 5160P in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI. The district will promptly and thoroughly investigate the complaint. Following completion of the investigation, the assistant superintendent of human resources shall provide the superintendent or designee with a full written report of the complaint and the results of the investigation, unless the matter is resolved to the satisfaction of the complainant without an investigation or prior to the submission of a written report.

D.  The superintendent or designee shall respond in writing to the complainant within thirty (30) calendar days after the district received the written complaint by the district, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. If an extension is needed, the district will notify the complainant in writing of the reasons for the extension and the anticipated response date in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency, in accordance with Title VI. At the time the district responds to the complainant, the district will send a copy of the response to the office of the superintendent of public (OSPI) instruction.

E.  The response by the superintendent or designee will include:

1.  A summary of the results of the investigation;

2.  Whether the district failed to comply with WAC 392-190 or related guidelines;

3.  If the district failed to comply with WAC 392-190 or related guidelines, the corrective measures deemed necessary to correct the noncompliance; and

4.  Notice of the complainant’s right to appeal under WAC 392-190-005 , including where and with whom the appeal should be filed.

F.   Corrective measures necessary to correct any noncompliance shall be instituted as expeditiously as possible, but no later than thirty (30) calendar days after the district’s written response to the complainant, unless otherwise agreed to by the complainant.

G.   A complainant may appeal the superintendent or designee’s decision to a hearing officer designated by the district to hear the appeal by filing a written notice of appeal with the superintendent on or before the tenth (10th) calendar day from the date the complainant received the superintendent or designee’s response. The hearing officer shall not have been involved in the initial complaint or investigation.

H.   Upon receipt of an appeal, the hearing officer shall provide a written appeal decision to the complainant in a timely manner, not to exceed thirty (30) calendar days from the date the district received the appeal, unless otherwise agreed to by the complainant. The appeal decision will include notice of the complainant’s right to file a complaint with the superintendent of public instruction under WAC 392-190-075 . The appeal decision will be provided in a language the complainant can understand, which may require language assistance for complainants with limited-English proficiency in accordance with Title VI. The decision of the hearing officer will include notice of the complainant’s right to file a complaint with OSPI. The district will send a copy of the appeal decision to OSPI.

I.  In the event a complainant disagrees with the appeal decision of the hearing officer or if the district fails to comply with the procedures in WAC 392-190-065 or WAC 392-190-070 , the complainant may file a complaint with OSPI under WAC 392-190-075 . A complaint must be received by OSPI within twenty (20) calendar days after the complainant received the hearing officer’s written appeal decision.

A.  The district may offer mediation, at its expense, to resolve a complaint at any time during the complaint procedure. Mediation:

11.  Must be voluntary;

12.  Requires the agreement of the district and the complainant;

13.  May be terminated by either party during the mediation process;

14.  Cannot be used to deny or delay a complainant’s right to utilize the complaint procedure; and

15.  Be conducted by a qualified and impartial mediator, who is not an employee of the district and who has no personal or professional conflict of interest.

B.  If the parties resolve the complaint through mediation, the parties may execute a legally binding agreement that:

7.  Sets forth the resolution;

8.  States that all discussions that occurred during the mediation process will remain confidential and not be used as evidence in any future complaint, due process hearing, or civil proceeding; and

9.  Is signed by both the complainant and a district representative.

C.  The complainant and district may agree to extend the complaint timelines to pursue mediation.

This policy provides all staff, students, volunteers, and community members with information about their role in protecting children from inappropriate conduct by adults. This policy applies to all district staff and volunteers. For the purpose of this policy and its procedure, the terms “district staff,” “staff member(s),” and “staff” also include volunteers.



 

Policy 5253 Maintaining Professional Staff/Student Boundaries (cont.)

The board expects all district staff to maintain the highest professional standards when they interact with students. All district staff are required to maintain an atmosphere conducive to learning by consistently maintaining professional boundaries.

Professional staff/student boundaries are consistent with the legal and ethical duty of care that district staff have for students.

The interactions and relationships between district staff and students should be based upon mutual respect, trust, and commitment to the professional boundaries between staff and students in and outside of the educational setting, and consist with the educational mission of the district.

District staff will not intrude on a student’s physical and emotional boundaries unless the intrusion is necessary to serve a demonstrated educational purpose. An educational purpose is one that relates to the staff member’s duties in the district. Inappropriate boundary invasions can take various forms. Any type of sexual conduct with a student is an inappropriate boundary invasion.

Additionally, staff members are expected to be aware of the appearance of impropriety in their own conduct and the conduct of other staff when interacting with students. Staff members will notify and discuss issues with their building administrator or supervisor or human resources whenever they suspect or question whether their own or another staff member’s conduct is inappropriate or constitutes a violation of this policy.

A staff member who has knowledge or reasonable cause to believe that a student has been a victim of physical abuse or sexual misconduct by another staff member is required by law to report such abuse or misconduct to the appropriate school administrator. The school administrator shall cause a report to be made to the proper law enforcement agency if the administrator has reasonable cause to believe that misconduct or abuse has occurred. During the process of making a reasonable cause determination, the school administrator shall contact all parties involved in the complaint.

The board recognizes that staff may have familial and pre-existing social relationships with parents/guardians and students. Staff members should use appropriate professional judgment when they have a dual relationship to students to avoid violating this policy, the appearance of impropriety, and the appearance of favoritism. Staff members shall proactively discuss these circumstances with their building administrator or supervisor.

 

Use of Technology

The board supports the use of technology to communicate for educational purposes. However, when the communication is unrelated to school work or other legitimate school business, district staff are prohibited from communicating with students by phone, email, text, instant messenger, or other forms of electronic or written communication. District staff members are prohibited from engaging in any conduct on social networking websites that violate s the law, district policies or procedures, or other generally recognized professional standards. This prohibition includes prohibiting staff from “friending” and/or “following” students on social media.

 

Staff whose conduct violates this policy may face discipline and/or termination consistent with the district’s policies and procedures, acceptable use agreement, and collective bargaining agreements, as applicable.

 

The superintendent or designee will develop protocols for reporting and investigating allegations of a failure to maintain professional boundaries and develop procedures and training to accompany this policy.

 

Procedure 5253P Maintaining Professional Staff/Student Boundaries

All school staff members or volunteers must promptly notify the supervisor of a staff member or volunteer suspected of engaging in a boundary invasion toward a student.



 

Procedure 5253P Maintaining Professional Staff/Student Boundaries (cont.)

·   Not wait before reporting suspicious behavior or try to determine whether there is an innocent explanation;

·   Not confront or discuss the matter with the staff member at issue or with anyone else, but maintain confidentiality to protect privacy and avoid rumors; and

·   Document for their own records that they notified an administrator, including to whom and what they reported

A boundary invasion is an act or pattern of behavior by a staff member or volunteer that does not have a bona fide health, safety, or educational purpose for the student. Staff members and volunteers shall not engage in boundary invasions of students, which include, but are not limited to, the following:

A.   Any type of inappropriate physical or sexual conduct with a student or any other conduct that violates the board’s policies regarding student welfare, the educational environment, or conduct toward current or former students. Inappropriate physical conduct includes hugging, kissing, or being “overly touchy” with students without any legitimate educational or professional purpose;

B.   Showing intimate or unduly revealing photos to a student or asking a student to provide intimate or unduly revealing photos, taking inappropriate photographs of a student, or taking an inordinate number of photographs of a student;

C.   Any kind of flirtatious or sexual communications with a student;

D.   Singling out a particular student or students for personal attention and friendship beyond the professional staff/student relationship. This includes, but is not limited to, favoring one or more students with special privileges, allowing them to remain in the classroom during non-class times, unilaterally removing a student from another class or activity, or engaging in “peer like” behavior with one or more students;

E.   Providing alcohol, drugs, or tobacco to students or failing to report their use of these substances;

F.   For non-guidance/counseling staff, allowing or encouraging students to confide their personal or family problems and/or relationships. If a student initiates such discussions, staff members shall refer the student to appropriate guidance/counseling staff. In either case, staff involvement should be limited to a direct connection to the student’s school performance;

G.   Sending students on personal errands unrelated to any educational purpose;

H.   Banter, allusions, jokes, or innuendos of a sexual nature with students;

I.   Commenting on a student’s appearance in a flirtatious or sexual nature, or if the comments have no educational value;

J.   Disclosing personal, sexual, family, or employment concerns or other private matters to one or more students;

K.   Addressing students or permitting students to address staff members or volunteers with personalized terms of endearment, pet names, or otherwise in an overly familiar manner;

L.   Maintaining personal contact (including “friending” or “following”) a student on any social networking application or device;

M.   Sending phone, email, text, instant messenger, or other forms of written or electronic communication to students when the communication is unrelated to school work or other legitimate school business. If staff members have educational or legitimate school business to conduct, they shall include a parent/guardian and a school administrator on the communication. If staff members receive communication from a student, the staff member shall reply by including the student’s parent/guardian, unless doing so would jeopardize the safety, health or welfare of the student, and an administrator. Staff members should use school email addresses and phone numbers and the parents’/guardians’ phone numbers for communications with students, except in an emergency situation;

N.   Exchanging or providing personal gifts, cards, or letters with an individual student;

O.   Socializing or spending time with students (including but not limited to activities such as going out for beverages, meals or movies, shopping, traveling and recreational activities) outside of school-sponsored events, except as participants in organized community activities;

Procedure 5253P Maintaining Professional Staff/Student Boundaries (cont.)

Q.   Providing a student with information or views about other students or staff members without a legitimate professional purpose;

R.   Asking a student to keep a secret or not to disclose any inappropriate communications or conduct;

S.   Unnecessarily invading a student’s privacy, (e.g., walking in on the student in the bathroom or a hotel room on a field trip);

T.   Being alone with an individual student out of the view of others; and/or

U.   Any home visits unless other adults are present, the student(s) are invited for an activity related to school, and the student’s parent/guardian and an administrator are informed and have consented.

When an administrator receives information that a boundary invasion has occurred or might have occurred, the administrator must document, in writing, the concern and provide a copy of the documentation to the appropriate regional superintendent, the district Title IX coordinator, and general counsel. The Title IX coordinator will investigate and document the matter, and if a boundary invasion has occurred without a legitimate educational or safety purpose, ensure that appropriate action is taken and documented. The district will maintain a file documenting reports, letters of direction, and discipline relating to professional boundary investigations.

 

Reminder About Reporting Sexual Abuse

All school personnel who have reasonable cause to believe that a student has experienced sexual abuse by an adult or another student are required to make a report to Child Protective Services and/or law enforcement. Reporting suspected abuse to the building principal or supervisor does not relieve professional school personnel from their reporting responsibilities and timelines.

 

Disciplinary Action

Staff member or volunteer violations of this procedure may result in disciplinary action up to and including dismissal. Violations may occur by ignoring professional boundaries, as well as by failing to report another staff member or volunteer who is ignoring professional boundaries. In any disciplinary situation, the superintendent or designee should consider whether the conduct violates the code of professional conduct in Chapter 181-87 WAC and whether a report to the Office of Professional Practices is warranted.

 

Training

All new staff members and volunteers will receive training on appropriate staff/student boundaries within three (3) months of employment or beginning of service. Such initial training may be on-line training. Site administration and classified employee supervisors shall see to it that more detailed, live training covering this entire procedure shall occur every two (2) years for all schools and work sites. Site administration and classified employee supervisors will also address professional boundaries at staff meetings early in the year.

 

Dissemination of Policy and Reporting Protocols

Policy 5253 and this procedure will be included on the district website and in all employee, student, and volunteer handbooks. Annually, all administrators and staff will receive copies of the district’s reporting protocol.

 



 

SERIES 1000 – BOARD OF DIRECTORS
Policy/ Procedure	Title	Description	Situation to apply
1400S	Board Meeting Schedule	Yearly schedule of school board meetings	·   To attend a school board meeting or refer someone to a meeting.

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