The following pages provide district staff our nondiscrimination, harassment, and complaint policies and procedures, as well as some of the most frequently referenced policies and procedures. Included are examples of how the policy/procedure might apply in a specific situation. All district policies and procedures can be accessed online at https://docushare.everett.k12.wa.us/docushare/dsweb/View/Collection-189 .

Nondiscrimination Statement

Everett Public Schools does not discriminate in any programs or activities on the basis of sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity, disability, or the use of a trained dog guide or service animal and provides equal access to the Boy Scouts and other designated youth groups. The following employees have been designated to handle questions and complaints of alleged discrimination:

 

Executive Director Human Resources Chad Golden 3900 Broadway, Everett 98201 425-385-4103 cgolden@everettsd.org	Title IX/Civil Rights Compliance Officer Chad Golden 3900 Broadway, Everett 98201 425-385-4100 cgolden@everettsd.org	Section 504 Coordinator Dave Peters 3900 Broadway, Everett 98201 425-385-4063 dpeters@everettsd.org
ADA Coordinator Chad Golden 3900 Broadway, Everett 98201 425-385-4100 cgolden@everettsd.org	Harassment, Intimidation or Bullying (HIB) Compliance Officer Danielle Mundell 3721 Oakes Avenue, Everett 98201 425-385-4260 Dmundell2@everettsd.org

 

DIVERSITY, EQUITY, INCLUSION, AND BELONGING

Policy 0010   Diversity, Equity, Inclusion, and Belonging  1

 

NONDISCRIMINATION, HARASSMENT, AND COMPLAINT POLICIES AND PROCEDURES

Policy 2152/Procedure 2152P Nondiscrimination on the Basis of Sex in Education Programs and Activities and

Title IX  2

Policy 3204 Prohibition of Harassment, Intimidation or Bullying  4

Procedure 3204P Prohibition of Harassment, Intimidation or Bullying  5

Policy 3205 Sexual Harassment of Students  11

Procedure 3205P Sexual Harassment of Students  13

Policy 3210 Nondiscrimination  18

Procedure 3210P Nondiscrimination  19

Policy 3213 Gender-Inclusive Schools  22

Procedure 3213P Gender-Inclusive Schools  23

Policy 4312/Procedure 4312P Complaints to Board Members Concerning Staff  26

Policy 5010 Affirmative Action and Nondiscrimination  26

Procedure 5010P Affirmative Action and Nondiscrimination  27

Policy 5160 Sexual Harassment  29

Procedure 5160P Sexual Harassment  30

Policy 5253 Maintaining Professional Staff/Student Boundaries  35

Procedure 5253P Maintaining Professional Staff/Student Boundaries  36

 

SERIES 1000 – BOARD OF DIRECTORS

Schedule 1400S Board Meeting Schedule  38

SERIES 2000 – INSTRUCTION

Policy 2105/Procedure 2105P Educational Research  38

Procedure 2125P Web-Based Resources and Other Online Educational Services  38

Procedure 2145P Suicide Prevention  38

Procedure 2150P Co-Curricular Program  38

Procedure 2151P Interscholastic Athletics/Activities  38

Procedure 2153P Student Group Meetings (Limited Open Forum)  39

Procedure 2210P Special Education and Related Services for Eligible Students  39

Policy 2211/Procedure 2211P Education of Students with Disabilities Under Section 504 of the Rehabilitation Act

of 1973  39

Procedure 2311P Selection and Adoption of Instructional Materials  39

Procedure 2320P Field Trips  40

Procedure 2321P Guest Speakers  40

Policy 2331/Procedure 2331P Controversial Issues  40

Procedure 2340P Religious-Related Activities and Practices  40

Policy 2410/Procedure 2410P High School Graduation Requirements  41



 

SERIES 3000 – STUDENT

Procedure 3122P Attendance  41

Policy 3204/Procedure 3204P Prohibition of Harassment, Intimidation or Bullying  41

Policy 3205/Procedure 3205P Sexual Harrassment of Students  41

Policy 3210/Procedure 3210P Nondiscrimination  41

Policy 3213/Procedure 3213P Gender-Inclusive Schools  41

Policy 3224/Procedure 3224P Student Dress  41

Procedure 3231P Searches of Students and their Property  42

Policy 3235/Procedure 3235P Protection of Student Personal Information  42

Policy 3244/Procedure 3244P Students Riding School Buses or Other District Provided Transportation  42

Policy 3245/Procedure 3245P Technology  42

Procedure 3246P Personal Electronic Devices  42

Policy 3300/Procedure 3300P Student Discipline  42

Policy 3318 Discipline of Special Education Students  43

Policy 3319/Procedure 3319P Use of Physical Restraint and Isolation with Students  43

Policy 3332/Procedure 3332P Teacher Responsibilities and Rights  43

Policy 3400/Procedure 3400P Student Welfare  43

Policy 3401/Procedure 3401P Social Emotional Climate  43

Policy 3416/Procedure 3416P Medication at School  43

Policy 3418/Procedure 3418P Animals in Schools  43

Policy 3421/Procedure 3421P Child Abuse and Neglect  43

Policy 3530/Procedure 3530P Student Fundraising Activities  44

Procedure 3600P Student Records  44

Procedure 3610P Child Custody  44

SERIES 4000 – COMMUNITY RELATIONS

Procedure 4131P Confidential Communications  44

Policy 4205 Use of Tobacco, Nicotine Products and Delivery Devices  44

Policy 4207 Regulation of Firearms and Dangerous Weapons on School District Property  44

Policy 4310 Contact with School/District Staff  44

Procedure 4312P Complaints to Board Members Concerning Staff  44

Policy 4314/Procedure 4314P Visitors, Animals on District Property and/or Disruption of School Operations  45

Policy 4340/Procedure 4340P Public Access to District Records  45

Policy 4411/Procedure 4411P Working Relationships with Law Enforcement, the Department of Children, Youth, and Families, and the Local Health Department  45

Policy 4412 Political Relationships with Governmental Agencies  45

 

SERIES 5000 – HUMAN RESOURCES

Policy 5010/Procedure 5010P Affirmative Action and Nondiscrimination  45

Policy 5140 Tobacco or Tobacco-Like Products Use Policy  45

Policy 5150 Drug-Free Workplace  45



 

Policy 5160/Procedure 5160P Sexual Harassment  46

Policy 5161 Civility in the Workplace  46

Policy 5215 Conflicts of Interest  46

Policy 5225/Procedure 5225P Technology  46

Policy 5253/Procedure 5253P Maintaining Professional Staff/Student Boundaries  46

Policy 5270 Disciplinary Action and Discharge  46

Policy 5320/Procedure 5320P Leaves of Absence  46

Policy 5320.9/Procedure 5320.9P Family and Medical Leave  47

Policy 5406/Procedure 5406P Shared Leave Program  47

SERIES 6000 – MANAGEMENT SUPPORT

Procedure 6114P Gifts  47

Procedure 6213P Reimbursement for Travel Expenses  47

Procedure 6225P Food and Beverage Consumption  47

Procedure 6505P Video Security on School District Grounds or Property  47

Policy 6531 Care of District Property  47

Procedure 6540P School District’s Responsibility for Privately-Owned Property  47

Procedure 6550P Data Security and Privacy  48

Procedure 6571P Lending of District-Owned Equipment and Books  48

 

 

Diversity, Equity, Inclusion, and Belonging

The district is committed to a nondiscriminatory approach and equitable outcomes for all. We acknowledge the historical role educational institutions have played in creating and implementing policies and practices that result in predictably lower academic and graduation outcomes and disproportionate disciplinary action for students of color. We recognize these disparities contradict our beliefs and values about what students can achieve, and we affirm the important role of adults in ensuring conditions for success. We are committed to removing barriers, and to ensuring students access, opportunity, and inclusion throughout our system.

The district will work to eliminate inequitable practices aggressively and efficiently within our system. We will allocate resources to provide equitable education and environments to all children and families regardless of gender, race, ethnicity, national origin, age, sexual orientation or identity, education, or physical, sensory, or mental ability.

The board commits to:

·   Provide system-wide direction, support, oversight, and shared accountability to advance equity and eliminate inequities in Everett Public Schools.

·   Affirm, inspire, and serve each student in our diverse population, especially students who have been marginalized through race or other means, and students who face significant barriers.

·   Create opportunities and remove barriers to identify and nurture strengths in each student and to ensure our community can in turn be strengthened by each student.

·   Provide ongoing board development and learning opportunities about inequities and biases that impact students, staff, and families in our community, and about effective strategies for addressing them.

·   Address inequities and biases that create feelings of fear, lack of belonging, and academic, social, and emotional barriers for students, all of which can contribute to reduced academic participation and performance.

·   Ensure our policies directly address racism and occurrences of racial tension in ways that both provide positive guidelines and expectations, and that direct development of robust reporting and investigation processes.

This policy establishes that our district shall:

·   See diversity, inclusion, and equity as connected to its mission and critical to promoting the well-being of the staff, students, and communities it serves.

·   Dismantle any inequities within its policies, systems, programs, and services, and to consistently update and report on organizational progress.

·   Adopt curriculum, and teaching and learning strategies, that leverage, reflect, and affirm the unique experiences and social, racial, cultural, linguistic, and familial backgrounds of the Everett Public Schools community.

·   Ensure disciplinary actions are undertaken without bias and/or disproportionality.

·   Implement hiring processes that proactively support the district’s commitment to hiring, recruitment, and retention of highly qualified staff of color and that promote and honor other aspects of a diverse workforce.

·   Provide professional development to staff and students in anti-racist practices, equitable practices, culturally responsive teaching practices, eliminating microaggressions, and bias awareness.

·   Expect all employees to embrace equity, inclusion, and belonging, and to express these in values in workplace interactions and everyday practices.

·   Develop reporting, investigation, communication, and accountability processes, particularly related to actions of racism and occurrences of racial tension or other discriminatory actions.

·   Model diversity, inclusion, and belonging for all students and employees to foster an inclusive environment to achieve equitable outcomes.

·   Practice and encourage transparent communication in all interactions.

·   Commit time and resources to expanding more diverse leadership within our leadership, staff, and advisory bodies.

·   Build a sense of community and belonging among staff to increase retention.

·   Create an environment where all families have a sense of belonging and inclusion.

·   Review this policy on an annual basis to ensure the commitment to equity, diversity, inclusion, and belonging remains at the forefront of our work.

This work is guided by the Everett Public Schools’ core values that were created in partnership with our community, and are steeped in steadfast commitment to each student’s success:

·   Passion: We are passionate about teaching and learning.

·   Respect: We value differences among people and treat one another with respect.

·   Integrity: We act in good faith, serving others with honesty and dignity. We serve as stewards of the public trust.

·   Diversity: We embrace diversity as an essential asset; we are inclusive and treat our differences as a core strength.

·   Equity: We honor and support each student’s right to learn and achieve.

·   Learning: We believe each student can learn and achieve to high standards.

·   Collaboration: We believe in learning and working together, the value of diverse views, and the power of collective wisdom.

 

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

To provide equal educational opportunity in its programs, including athletic programs, the Title IX/Civil Rights Compliance 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/Civil Rights Compliance Officer shall annually report to the superintendent regarding participation opportunities for students and will recommend any changes needed for program compliance.

 

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.

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.

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/Civil Rights Compliance Officer for consideration during the Title IX/Civil Rights Compliance Officer’s annual report to the superintendent. The Title IX/Civil Rights Compliance 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.

 

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

 

All information gathered and requested by the Title IX/Civil Rights Compliance 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 about Board Policy 2152 and this procedure 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 statutes and regulations should contact the district’s Title IX/Civil Rights Compliance Officer or the district administrator in charge of student athletics.



 

Prohibition of Harassment, Intimidation or Bullying

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

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

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

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

This policy recognizes that ‘harassment,’ ‘intimidation,’ and ‘bullying’ are separate but related behaviors. Each must be addressed appropriately. The accompanying procedure differentiates the three behaviors; however, this differentiation should not be considered part of the legal definition of these behaviors

 

HIB can take many forms, including but not limited to, slurs, rumors, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, gestures, physical attacks, threats or other written, oral, physical 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. Specific training requirements are included in the accompanying procedure.

 

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 remediate the impact on the targeted student(s) and upon others impacted by the violation, 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 in determining intervention strategies. Interventions will range from counseling, correcting behavior and discipline, to law enforcement referrals.



 

Students with Individual Education Plans or Section 504 Plans

If allegations are proven that a student with an Individual Education Plan (IEP) or Section 504 Plan has been the aggressor or 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 should 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 additional services and supports as deemed necessary, 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/ False Allegations

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

 

It is also a violation of district policy to knowingly report false allegations of HIB. 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 HIB compliance officer as the primary district contact to receive copies of all informal complaints ( HIB Incident Report Forms ) and to ensure policy implementation. The name and contact information for the HIB compliance officer will be communicated throughout the district. The district HIB compliance officer will participate in at least one (1) mandatory training opportunity offered by OSPI.

 

The superintendent is authorized to direct the implementation of procedures addressing the elements of this policy.

 

Procedure

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, gender expression, gender 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, intimidation, or bullying 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 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.

Conduct that may rise to the level of HIB may take many forms, including, but not limited to: slurs, rumors, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, ostracism, physical attacks or threats, gestures, or acts relating to an individual or group whether electronic, written, oral, or physically transmitted messages or images. There is no requirement that the targeted student actually possess the characteristic that is the basis for the HIB.

“Retaliation” occurs when an individual is intimidated, threatened, coerced, or discriminated against for reporting harassment, intimidation, or bullying, or participating in an investigation.

“Staff” 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” means a student against whom HIB has allegedly been perpetrated.

C.  Behaviors/Expressions

“Harassment,’ ‘intimidation,’ and ‘bullying’ are separate but related behaviors. Each must be addressed appropriately. Although this procedure differentiates the three behaviors, this differentiation should not be considered part of the legal definition of these behaviors. Harassment refers to any malicious act, which causes harm to any person's physical wellbeing. It can be discriminatory harassment, malicious harassment, or sexual harassment. Intimidation refers to implied or overt threats of physical violence. Bullying refers to unwanted aggressive behavior(s) by another youth or group of youths that involves an observed or perceived power imbalance and is repeated multiple times or is highly likely to be repeated. Bullying may inflict harm on the targeted youth including physical or educational harm. Bullying can also occur through technology and is called electronic bullying or cyberbullying.

D.  Relationship to Other Laws

This procedure applies only to RCW 28A.600.477 Prohibition of harassment, intimidation and bullying. There are other laws and procedures to address related issues such as sexual harassment or discrimination.

At least four Washington laws may apply to harassment or discrimination:

1.   RCW 28A.600.477 – Prohibition of harassment, intimidation and bullying

2.   RCW 28A.640.020 – Regulations, guidelines to eliminate discrimination—Scope—Sexual harassment policies

3.   Chapter 28A.642 RCW – Discrimination prohibition

4.   RCW 49.60.010 – Purpose of chapter; 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 membership in a legally protected class under local, state, or federal law.

E.  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 HIB compliance officer. The district’s policy and procedure will be available in each school in a language that families can understand.

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 .

Additional distribution of the policy and procedure is subject to the requirements of  Chapter 392-405 WAC .

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 copy of the Incident Reporting Form or a link to a web-based process .

3.  Training

The district HIB compliance officer will participate in at least one (1) mandatory training opportunity offered by the Office of Superintendent of Public Instruction (OSPI). Staff will receive annual training on the district’s policy and procedure, including, at a minimum, staff roles and responsibilities, how to monitor common areas and the use of the district’s Incident Reporting Form .

4.  Prevention Strategies

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

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.

F.  Compliance Officer

The district HIB 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 HIB compliance officer.

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

3.  Receive copies of all Incident Reporting Forms, discipline referral forms relating to HIB, and letters to parents/guardians providing the outcomes of investigations.

4.  Communicate with the district’s designated Title IX/Civil Rights Compliance Officer. If a written report of HIB indicates a potential violation of the district’s nondiscrimination policy ( Policy 3210 ), or if during the course of an investigation of HIB, the district becomes aware of a potential violation of the district’s nondiscrimination policy, the HIB compliance officer must promptly notify the district’s Title IX/Civil Rights Compliance Officer. At that time, the compliance officers must promptly notify the complainant that their complaint will proceed under both  Policy 3204 and this procedure, and Policy 3210 and Procedure 3210P . The investigation and response timeline for the nondiscrimination procedure begin when the district knows or should have known that a written report or investigation of HIB involves a potential violation of the district’s nondiscrimination policy.

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

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

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

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

9.  In cases where, despite school efforts, a targeted student experiences HIB that threatens the student’s health and safety, the HIB compliance officer will facilitate a meeting between district staff and the child’s parents/guardians to develop a safety plan to protect the student. A sample student safety plan is available on the OSPI website:  www.k12.wa.us/SafetyCenter/default.aspx .

The district Harassment, Intimidation or Bullying Compliance Officer is:

Danielle Mundell

Everett School District No. 2

3721 Oakes Avenue

P.O. Box 2098

Everett, WA 98201

Dmundell2@everettsd.org  

Phone: (425) 385-4260

G.  Staff Intervention

All staff members will intervene when witnessing or receiving reports of HIB. 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, other than tracking, to ensure they are not repeated.

H.  Filing an Incident Reporting Form

Incident Reporting Forms may be used by students, families, or staff to report incidents of HIB. A sample form is provided on OSPI’s School Safety Center website: https://www.k12.wa.us/sites/default/files/public/safetycenter/bullyingharassment/pubdocs/samplehibincidentreporting.pdf .

Any student or students who believe they have been the target of unresolved, severe, or persistent HIB, or any other person in the school community who observes or receives notice that a student has or may have been the target of unresolved, severe, or persistent HIB may report incidents verbally or in writing to any staff member.

I.  Addressing Harassment, Intimidation, or Bullying – Reports

Step 1: Filing an Incident Reporting Form

In order to protect a targeted student from retaliation, a student need not reveal their identity on an Incident Reporting Form. The form may be filed anonymously, confidentially, or the student may choose to disclose their identity (non-confidential).

Status of Reporter

1.  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 identify complaint boxes, use online reporting processes, or develop other methods for receiving anonymous, unsigned reports. Possible responses to an anonymous report include increased monitoring of students or staff. (Example: An unsigned Incident Reporting Form dropped on a teacher’s desk led to the increased monitoring of the boys’ locker room in fifth period.)

2.  Confidential

Individuals may ask 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.)

3.  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.

Step 2: Receiving an Incident Report Form

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 a district Incident Reporting Form 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. 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 Reporting Form 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 ( https://www.k1wa.us/student-success/health-safety/school-safety-center/safety-planning-toolkit ) 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 Policy 3210 , Nondiscrimination, the investigator will promptly notify the district’s Title IX/Civil Rights Compliance Officer. Upon receipt of this information, the Title IX/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 Reporting Form , 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.

d.   In rare cases, where after consultation with the student and appropriate staff (such as a psychologist, counselor, or social worker) the district has evidence that it would threaten the health and safety of the complainant or the alleged aggressor to involve their parent/guardian, the district may initially refrain from contacting the parent/guardian in its investigation of HIB. If professional school personnel suspect that a student is subject to abuse or neglect, they must follow district Policy 3421 for reporting such cases to Child Protective Services or law enforcement.

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 HIB compliance officer, the principal or designee shall respond in writing or in person 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 suspect that a student is subject to abuse or neglect, as mandatory reporters they must follow district policy for reporting suspected 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 HIB compliance officer.

Step 4: Corrective Measures for the Aggressor

After completion of the investigation, the school or district designee will institute any corrective measures necessary.

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.

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 due process considerations or lawful order from imposing the discipline until the appeal process is concluded.

If in an investigation a principal or principal’s designee found that a student knowingly made a false allegation of HIB, that individual may be subject to corrective measures, including discipline.

Step 5: Targeted Student’s Right to Appeal

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 may appeal to the school board by filing a written notice of appeal with the superintendent on or before the fifth (5th) school day following the date upon which the complainant received the superintendent’s written decision.

c.  An appeal to the school board or discipline appeal council must be heard on or before the tenth (10th) school day following the filing of the written notice of appeal to the school board. The school board or discipline appeal council will review the record and render a written decision on the merits of the appeal on or before the fifth (5th) school day 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/Corrective Actions

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 conduct 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 staff have been found to be in violation of Policy 3204 and this procedure, the district may impose employment disciplinary action, up to and including termination. If a certificated educator 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 include the loss of contracts.

Step 7: Support for the Targeted Student

Persons found to have been subjected to HIB will have appropriate district support services made available to them, and the adverse impact of the harassment on the student shall be addressed and remedied as appropriate.

J.  Immunity/Retaliation

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

K.  Other Resources

Students and families should use the district’s complaint and appeal procedures as a first response to allegations of HIB. However, 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 may also be reported to the following state or federal agencies:

·   OSPI Equity and Civil Rights Office (for discrimination complaints)

360-725-6162

Email: equity@k12.wa.us

https://www.k12.wa.us/policy-funding/equity-and-civil-rights

·   Washington State Human Rights Commission

800-233-3247

http://www.hum.wa.gov/

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

206-607-1600

Email: OCR.Seattle@ed.gov

www.ed.gov/about/offices/list/ocr/index.html

·   Department of Justice Community Relations Service

877-292-3804

www.justice.gov/crt/

·   Office of the Education Ombudsman

866-297-2597

Email: OEOinfo@gov.wa.gov

http://oeo.wa.gov/

·   OSPI Safety Center

360-725-6044

https://www.k12.wa.us/student-success/health-safety/school-safety-center

L.  Other District Policies and Procedures

Nothing in Policy 3204 or 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.

Sexual Harassment of Students

For the purposes of this policy, sexual harassment is defined by state and federal laws as any unwelcome sexual advance, requests for sexual favors, sexually motivated physical contact, or verbal or physical conduct or communication of a sexual nature that: 

·   Conditions the provision of an aid, benefit or service of the district, either explicitly or implicitly, on the student’s participation in such conduct (quid pro quo harassment); and/or

·   A reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a student equal access to an education program or activity; and/or

·   Has the purpose or effect of substantially interfering with a student’s educational performance, or of creating an intimidating, hostile, or offensive educational environment; and/or

·   Constitutes sexual assault as defined in the Clery Act, 20 U.S.C. 1092(f)(6)(A)(v)), dating violence as defined in 34 U.S.C. 12291(a)(10), domestic violence as defined in 34 U.S.C. 12291(a)(8), or stalking as defined in the Violence Against Women Act (“VAWA”), 34 U.S.C. 12291(a)(30).

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, but is not limited to:

·   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 in the exercise of reasonable care should have known, that sexual harassment has occurred, 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 Officer. 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 Officer. 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/Civil Rights Compliance Officer and provide contact information, including the Title IX/Civil Rights Compliance Officer’s email address.



 

Policy Review

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

This procedure applies to sexual harassment (including sexual violence) as defined in Policy 3205 and 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 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 Coordinator, as well as the district Title IX/Civil Rights Compliance Officer, and executive director of human resources shall be posted in such locations in buildings as to be commonly and easily viewed by students and staff.

 

Staff Responsibilities

When any staff member becomes aware of an incident of sexual harassment, they must immediately inform their building principal, the building Title IX Coordinator or the district’s Title IX/Civil Rights Compliance Officer of such incident. The school principal or building Title IX Coordinator will immediately inform: 1) the Title IX/Civil Rights Compliance Officer so that the district can appropriately respond to the incident consistent with its own grievance procedures; and, if necessary, 2) law enforcement.

In the event of an alleged sexual assault, the principal will notify the targeted student(s) and their parents/guardians of their rights under the district’s sexual harassment policy and procedure and the 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/Civil Rights Compliance Officer for evaluation. Regardless of whether a formal complaint is filed, the district must take prompt and effective steps reasonably calculated to end harassment, eliminate the hostile environment, prevent its reoccurrence, and as appropriate, remedy its effects.

The district Title IX/Civil Rights Compliance 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.

Informal Complaint Process

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 provide the complainant with a copy of the district’s Policy 3205 and Procedure 3205P , and notify the complainant of the right to file a formal complaint under that 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.

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, but is not limited to:

·   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, executive director of human resources or designee shall be responsible for monitoring and coordinating the district’s compliance with Chapter 392-190 WAC 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:

Chad Golden

Everett School District No. 2

3900 Broadway

P.O. Box 2098

Everett, WA 98201

cgolden@everettsd.org  

Phone: (425) 385-4100

 

The Executive Director of Human Resources is:

Chad Golden

Everett School District No. 2

3900 Broadway

P.O. Box 2098

Everett, WA 98201

cgolden@everettsd.org  

Phone: (425) 385-4100

 

The compliance officer or designee will receive and investigate formal complaints that involve only students. The executive director of human resources or designee will receive and investigate formal complaints when allegations of sexual harassment are brought against employees or other adults. School or district administrators who receive a formal complaint of sexual harassment will promptly notify the compliance officer or executive director of human resources and forward a copy of the complaint.

B.  The allegations of sexual harassment shall:

1.  be written;

2.  be signed by the complainant or the complainant’s parent/guardian;

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

4.  clearly indicate a desire for the district to investigate the allegations; and

5.  be filed with the compliance officer or executive director 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 Chapter 392-190 WAC or related guidelines.

C.  Upon receipt of the complaint, the district’s compliance officer, the executive director of human resources, or designee will provide the complainant a copy of Policy 3205 , Procedure 3205P and 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.

D.  Before initiating the investigation, the district shall provide written notice of the allegations to both the complainant and the alleged aggressor prior to any discussions or interviews, and provide sufficient details known at the time and sufficient time to prepare a response. Specifically, the written notice must include:

·   citations to the complaint process set forth in the district’s Policy 3205 and Procedure 3205P ;

·   allegations with sufficient details (identity of parties, conduct alleged to constitute sexual harassment, date, location, implicated policies, etc.);

·   a statement indicating the responding party is “presumed not responsible” until a determination is made;

·   notice to the right of an advisor of their choice, who may be an attorney;

·   notice that the parties may request to inspect and review relevant evidence; and

·   a reminder of the district’s policy not to make false statements or intentionally submit false information.

 

If additional allegations are subsequently added to the investigation, the district shall provide written notice to all parties of the new allegations.

 

The investigation process shall:

·   treat all parties to the complaint equitably, including providing supportive measures to all parties, if necessary;

·   be conducted by investigator who is free of bias against any of the parties, and who is trained on the definition of sexual harassment and how to conduct a sexual harassment investigation; and

·   utilize the preponderance of the evidence standard to determine whether the conduct violated the definition of sexual harassment as provided in Policy 3205 and whether the conduct occurred in the district’s education program or activity.

E.  Simultaneously, the district shall determine whether supportive measures are necessary. “Supportive Measures” are defined as non-disciplinary, non-punitive individualized services, offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent(s). Such measures may include, but are not limited to:

·   counseling;

·   extensions of deadlines or other course-related adjustments;

·   modifications of work or class schedules;

·   restrictions on contact between the parties;

·   increased security and monitoring of certain areas of district grounds; and/or

·   emergency removal of the respondent(s).

Prior to emergency removal, the district must perform an individualized risk analysis, determine whether there is an immediate threat to the health or safety of students or staff that justifies removal, and provides the respondent(s) with notice and an opportunity to challenge the decision immediately following removal. The emergency removal analysis shall focus on the specific facts and individuals involved in the situation and shall provide evidence that there is an immediate threat to the safety of students or staff. Any emergency expulsion of a student under this section must also comply with Washington’s student discipline rules for emergency expulsion under WAC 392-400-510 through WAC 392-400-530 .

F.  Following completion of the investigation, the compliance officer or the executive director of human resources shall provide the superintendent or designee with a full written report of the complaint and the results of the investigation, including an objective evaluation of all evidence (both inculpatory and exculpatory), unless the matter is resolved to the satisfaction of the complainant without an investigation or prior to the submission of a written report. This report must also be provided to all parties and their representatives, if any, at least ten (10) days before a final decision is made.

G.  After review of the investigative report, the superintendent or designee shall utilize the preponderance of the evidence standard to determine whether the conduct violated the definition of sexual harassment as provided in Policy 3205 , whether the conduct occurred in the district’s education program or activity, and whether the district complied with Chapter 392-190 WAC and/or related guidelines.

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

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

1.  A summary of the results of the investigation, including whether the alleged conduct violated the definition of sexual harassment as provided in Policy 3205 and whether the conduct occurred in the district’s education program or activity;

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

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

4.  Notice of the parties’ 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 parties can understand, which may require language assistance for a party with limited-English proficiency in accordance with Title VI.

J.  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 parties, unless otherwise agreed to by the complainant.

K.  Any party 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 parties received the superintendent or designee’s response. The hearing officer shall not have been involved in the initial complaint or investigation.

L.  Upon receipt of an appeal, the hearing officer shall provide a written appeal decision to the parties 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 parties. The appeal decision will include notice of the parties’ 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 parties can understand, which may require language assistance for a party with limited-English proficiency in accordance with Title VI. The decision of the hearing officer will include notice of the parties’ 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.

M.  In the event a party 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 , that party 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 parties received the hearing officer’s written appeal decision.

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 all parties;

3.  May be terminated by any 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 all the parties and a district representative.

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, and in compliance with district discipline policies and procedures. When appropriate, the district shall provide, or continue to provide, supportive measures for individuals involved in the complaint.

 

Protection Against Retaliation

Retaliation for filing complaints or otherwise participating, or refusing to participate, in the investigation of an allegation of sexual harassment is strictly prohibited. No individual may intimidate, threaten, coerce, or discriminate against any other individual for the purpose of interfering with any right or privilege secured under the district’s policies and procedures and/or state or federal law, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation or proceeding under this procedure.

 

Training and Orientation

A fixed component of all district orientation sessions for staff, students and regular volunteers will introduce the elements of the district’s sexual harassment policies and procedures. Staff will be provided information on recognizing and preventing sexual harassment, including the definition of sexual harassment. Staff will be fully informed of the formal and informal complaint processes and their roles and responsibilities under the policies and procedures. All of the schools’ Title IX Coordinators, district investigators, decisionmakers designated under this procedure, and any person who facilitates an informal resolution process under this procedure, shall receive training that includes, but is not limited to, the definition of sexual harassment, the scope of the district’s education program and activities, how to properly conduct an investigation and the district’s complaint process, appeal rights, informal resolution processes, investigating allegations impartially, conflicts of interest, issues of relevance of evidence including when questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant, and how to create a report that fairly summarizes relevant evidence.

 

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.

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 Title IX/Civil Rights 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.

 

Nondiscrimination

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 Title IX/Civil Rights Compliance Officer designated to ensure compliance with this policy; and

3.  The names and contact information of the district’s Section 504 Coordinator and the Title IX/Civil Rights Compliance Officer.

To ensure fairness and consistency, the following review procedure is to be used with regard to issues covered by state and federal equal educational opportunity laws, including Title VII of the Civil Rights Act of 1964, as amended, Title IX of the Civil Rights Act of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, RCW 28A.640.010 governing sexual equality in public schools, and Chapter 28A.642 RCW prohibiting discrimination. This grievance procedure applies to complaints alleging discrimination or discriminatory harassment by employees, other students, or third parties against students based on race, color, national origin, creed, religion, sex, sexual orientation, gender expression, gender identity, veteran or military status, the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a student with a disability.

Anyone may file a complaint against the district alleging that the district has violated anti-discrimination laws. This complaint procedure is designed to assure that the resolution of real or alleged violations are directed toward a just solution that is satisfactory to the complainant, the administration and the board of directors. As used in this procedure:

·   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 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 Title IX/Civil Rights Compliance Officer responsible for investigating discrimination complaints. Any district employee who receives a complaint that meets these criteria will promptly notify the Title IX/Civil Rights 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/Civil Rights Compliance Officer, executive director of human resources or designee shall be responsible for monitoring and coordinating the district’s compliance with Chapter 392-190 WAC and related procedures and ensuring that all complaints communicated to the district are promptly investigated and resolved.

The Title IX/Civil Rights Compliance Officer is:

Chad Golden

Everett School District No. 2

3900 Broadway

P.O. Box 2098

Everett, WA 98201

cgolden@everettsd.org  

Phone: 425-385-4100

The executive director of human resources is:

Chad Golden

Everett School District No. 2

3900 Broadway

P.O. Box 2098

Everett, WA 98201

cgolden@everettsd.org  

Phone: 425-385-4100

The Title IX/Civil Rights Compliance Officer or designee will receive and investigate formal complaints that involve only students. The executive director 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/Civil Rights Compliance Officer or executive director of human resources and forward a copy of the complaint.

B.   The allegations of discrimination or discriminatory harassment shall:

1.  be written;

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

3.  be filed with the Title IX/Civil Rights Compliance Officer or executive director 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 Chapter 392-190 WAC or related guidelines.

C.   Upon receipt of the complaint, the district’s Title IX/Civil Rights Compliance Officer, the executive director 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/Civil Rights Compliance Officer or the executive director 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 Chapter 392-190 WAC or related guidelines;

3.   If the district failed to comply with Chapter 392-190 WAC 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.

 

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.

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.

 

If the allegations involve a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information.

 

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 Chapter 392-190 WAC , 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.

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.

 

NOTE: The complaint procedure outlined above does not prohibit the processing of a complaint in an informal manner and without investigation if the complainant so desires.

 

Mediation of Complaints

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.

 

The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator.

 

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/Civil Rights Compliance Officer for a period of six (6) years after resolution or closure of the complaint.

 

Gender-Inclusive Schools

·   Develop understanding of that student’s individual needs with respect to their gender expression or identity, including any accommodations that the student is requesting or that the district will provide according to Policy 3213 and this procedure and under state and federal law; 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 their attendance at school.

·   Assigned sex at birth: The sex a person was given at birth, usually based on anatomy or chromosomes (e.g., male, female, intersex, etc.).

·   Cisgender: A term used to describe people whose assigned sex matches their gender identity and/or gender expression (e.g., someone who was assigned female at birth and whose gender identity and/or gender expression is also female.)

·   Gender Expansive: A wider, more flexible range of gender identities or expressions than those typically associated with the binary gender system.

·   Gender Expression: The external ways in which a person expresses their gender to the world, such as through their behavior, emotions, mannerisms, dress, grooming habits, interests, and activities.

·   Gender Identity: A person’s internal and deeply-felt sense of being female, male, both, non-binary, gender-expansive, or other—regardless of the gender assigned at birth.

·   Transgender: A term often used to describe a person whose gender identity or expression, or both, are different from those traditionally associated with their sex assigned at birth.  

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

An appropriate school employee will privately ask known transgender or gender-expansive 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. However, the student’s legal name should be accessible by only necessary staff members—it should not be visible to teachers or other staff who have access to the electronic records system.

 

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 their 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 their gender identity.

 



 

When communicating with transgender or gender expansive 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 or gender expression. Before communicating with parents of transgender or gender expansive students, it’s important to ask the student how school employees should refer to the student when talking with their parents and guardians. For families who are supportive, using the student’s name and pronoun could be affirming for the student. For parents who are not supportive, or who are not aware of the student’s transition at school, referring to their name and pronoun could be very dangerous. The district will not condone the intentional or persistent refusal to respect a student’s gender identity or gender expression, or inappropriate release of information regarding a student’s transgender or gender-expansive status.

Official Records

The standardized high school transcript is the only official record that requires a student’s legal name. School staff should adopt practices to avoid the inadvertent disclosure of the student’s transgender or gender-expansive status.

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 the student has exercised a common-law name change and has changed their name for all intents and purposes and that the change has not been made for fraudulent reasons.

Schools may change a student’s official gender designation upon parent/guardian or student request pursuant to the Office of the Superintendent of Public Instruction’s (OSPI’s) process found at https://www.k12.wa.us/sites/default/files/public/cedars/pubdocs/2018-19cedarsreportingguidance.pdf . The process should not be overly cumbersome, and the district may not require verification from a physician.  

When a former student asks for their official student transcript to be changed to reflect a different name or gender:

·   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.

The school must use the name and gender by which the student identifies on all other records, including but not limited to school identification cards, classroom seating charts, athletic rosters, yearbook entries, diplomas, and directory information.

Confidential Health or Educational Information

Information about a student's gender identity, legal name, or assigned sex 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 ). Parents have the right under FERPA to request their student’s records and if requested, the district will provide the student’s educational records to the parent according to Policy 3600 and Procedure 3600P , Student Records. To ensure the safety and well-being of the student, school employees should not disclose a student’s transgender or gender expansive status to others, including other school personnel, other students, or the parents of other students, unless the school is (1) legally required to do so, or (2) the student has authorized such disclosure.

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 their gender identity. Any student—regardless of gender identity—who requests greater privacy should be given access to an alternative restroom. However, schools may not require a student to use an alternative restroom because of their transgender or gender-expansive status.

Locker Room Accessibility

Use of locker rooms by transgender or gender expansive students will be assessed on a case-by-case basis, with the goal of maximizing transgender or gender expansive 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. The district will take an approach that conforms with OSPI’s guidelines. 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 additional 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).

No student will be required to use a locker room that conflicts with their gender identity.

 

Sports and Physical Education Classes

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

A student may seek review of their eligibility for participation in interscholastic athletics by working through the Gender Identity Participation procedure set forth in the Washington Interscholastic Activities Association ( WIAA ) handbook.

Dress Codes

The district will allow students to dress in a manner that is consistent with their gender identity and/or gender expression within the constraints of the dress codes adopted at their 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). School dress codes will be gender-neutral and will not restrict a student's clothing choices on the basis of gender. The district will take an approach that conforms with OSPI ‘s guidelines.

Other School Activities

In any school activity or other circumstance involving separation by gender (i.e., class discussions, field trips, and overnight 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

The district will designate one (1) person to be the primary contact regarding Policy 3213 and this procedure relating to transgender or gender expansive students. The primary contact must participate in at least one (1) mandatory training opportunity offered by OSPI. 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 bullying and cyber-bullying; and

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

Discrimination and harassment on the basis of sex, gender identity, or gender expression are prohibited within the district. It is the responsibility of each school, the district, and all staff to ensure that all students, including transgender and gender expansive 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 person designated as the primary contact relating to transgender or gender expansive students. The primary contact will communicate with the district’s Title IX/Civil Rights Compliance Officer.

 

Complaints alleging discrimination or harassment based on a person’s actual or perceived gender identity or expression are to be taken seriously and handled in the same manner as other discrimination and harassment complaints. This includes investigating the incident and taking age and developmentally-appropriate corrective action. Anyone may file a complaint alleging a violation of Policy 3213 . Complaints of discrimination based on gender identity or expression will follow the complaint process outlined in the district’s Nondiscrimination Procedure 3210P .

 

The district will share Policy 3213 and this procedure with students, parents/guardians, employees, and volunteers.



 

Complaints to Board Members Concerning Staff

1.  If the problem is not satisfactorily resolved at the building level, a written complaint should be filed by the citizen to the chief academic officer, 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, chief academic officer, 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, Board Policy 2311 ; Sexual Harassment of Students, Board Policy 3205 ; Nondiscrimination, Board Policy 3210 ; Sexual Harassment, Board Policy 5160 ; and Affirmative Action and Nondiscrimination Procedure 5010P .

Affirmative Action

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.

 

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.

 

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 executive director 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 Title IX/Civil Rights Compliance Officer, or the executive director 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 Title IX/Civil Rights Compliance Officer or executive director 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.

 

Formal Complaints

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

 

The executive director of human resources is:

Chad Golden

Everett School District No. 2

3900 Broadway

P.O. Box 2098

Everett, WA 98201

cgolden@everettsd.org  

Phone: (425) 385-4100

The executive director of human resources or designee will receive and investigate formal complaints. School or district administrators who receive a formal complaint of discrimination will promptly notify the executive director of human resources and forward a copy of the complaint.

B.  The allegations of discrimination 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 executive director 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 Chapter 392-190 WAC or related guidelines.

C.  Upon receipt of the complaint, the district’s executive director 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 executive director 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 Chapter 392-190 WAC or related guidelines;

3.  If the district failed to comply with Chapter 392-190 WAC 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.

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 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.

 

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 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:

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.

 

Preservation of Records

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/Civil Rights Compliance Officer following the State of Washington’s School Districts Records Retention Schedule .

 

Sexual Harassment

·   Conditions the provision of employment or an aid, benefit or service of the district, either explicitly or implicitly, on the employee’s participation in such conduct (quid pro quo harassment); and/or

·   Makes the submission to or rejection of that conduct or communication a factor in decisions affecting that individual’s employment; and/or

·   A reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies an employee equal access to a district program or activity; and/or

·   Has the purpose or effect of substantially interfering with an employee’s job performance, or of creating an intimidating, hostile, or offensive educational environment; and/or

·   Constitutes sexual assault as defined in the Clery Act, 20 U.S.C. 1092(f)(6)(A)(v)), dating violence as defined in 34 U.S.C. 12291(a)(10), domestic violence as defined in 34 U.S.C. 12291(a)(8), or stalking as defined in the Violence Against Women Act (“VAWA”), 34 U.S.C. 12291(a)(30).

All such complaints will be promptly investigated and, where appropriate, immediate corrective action will be taken to end sexual harassment and prevent its recurrence. Corrective action may include disciplinary action, up to and including suspension or termination, against those who violate the sexual harassment policy and support and/or assistance, as appropriate, for individuals who have been subjected to sexual harassment. Disciplinary actions shall be in compliance with collective bargaining agreements and state and federal law. To the highest degree possible, allowing for a fair investigation, complaints will be treated in a confidential manner. Retaliation against employees or volunteers shall not occur because they have made complaints of sexual harassment to management.

Persons who knowingly report false allegations of sexual harassment or corroborate false allegations of sexual harassment will be subject to appropriate discipline or other sanctions.

Reasonable efforts shall be made to inform all employees and volunteers of the district's sexual harassment policy and procedures. These efforts shall include insertion of the policy and procedures in new employee information and volunteer orientation materials.

Informal complaints of sexual harassment by employees or volunteers shall be reported to the employee's or volunteer's supervisor, the Affirmative Action officer, or the executive director of human resources. The administrator receiving the complaint will be responsible for coordinating the investigation of such complaint with the district's Affirmative Action officer or executive director of human resources. Formal complaints of sexual harassment shall be processed in accordance with the complaint procedures set forth in Procedure 5160P .

Annually in conjunction with the report to the board of directors on the Affirmative Action Plan, the Affirmative Action officer will review the use and efficacy of the sexual harassment policy and procedures.

 

Procedure

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.

This policy applies to sexual harassment (including sexual violence) targeted at district employees carried out by a student, employee, or a third party involved in school district activities. A formal complaint filed by an employee or filed by or on behalf of a student complainant against an employee respondent will be investigated under the definitions, requirements, and procedures of Board Policy 3205 and Procedure 3205P .

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

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/Civil Rights Compliance Officer for evaluation. Regardless of whether a formal complaint is filed, the district must take prompt and effective steps reasonably calculated to end harassment, eliminate the hostile environment, prevent its reoccurrence, and as appropriate, remedy its effects.

The district Title IX/Civil Rights Compliance 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 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.

 

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 the staff members’ supervisor, the Affirmative Action officer, or the executive director 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 executive director of human resources.

 

The supervisor must provide the complainant with a copy of the district’s Board Policy 5160 and this procedure, and notify the complainant of the right to file a formal complaint under that 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.  

 

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. Informal remedies may include, but is not limited to:

·   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; or

·   Providing staff and/or student training.

Formal Complaints

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

 

The Executive Director of Human Resources is:

Chad Golden

Everett School District No. 2

3900 Broadway

P.O. Box 2098

Everett, WA 98201

cgolden@everettsd.org  

Phone: (425) 385-4100

 

The executive director of human resources or designee will receive and investigate formal complaints. School or district administrators who receive a formal complaint of discriminatory harassment will promptly notify the executive director of human resources or designee and forward a copy of the complaint.

 

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;

4.  Clearly indicate a desire for the district to investigate the allegations; and

5.  Be filed with the executive director 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 Chapter 392-190 WAC or related guidelines.

 

C.  Upon receipt of the complaint, the district’s executive director of human resources or designee will provide the complainant a copy of Board Policy 5160 and 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.

 

D.  Before initiating the investigation, the district shall provide written notice of the allegations to both the complainant and the alleged aggressor prior to any discussions or interviews, and provide sufficient details known at the time and sufficient time to prepare a response. Specifically, the written notice must include:

·   citations to the complaint process set forth in the district’s Board Policy 5160 and Procedure 5160P ;

·   allegations with sufficient details (identity of parties, conduct alleged to constitute sexual harassment, date, location, implicated policies, etc.);

·   a statement indicating the responding party is “presumed not responsible” until a determination is made;

·   notice to the right of an advisor of their choice, who may be an attorney;

·   notice that the parties may request to inspect and review relevant evidence; and a reminder of the district’s policy not to make false statements or intentionally submit false information.

 

If additional allegations are subsequently added to the investigation, the district shall provide written notice to all parties of the new allegations.

 

The investigation process shall:

·   treat all parties to the complaint equitably, including providing supportive measures to all parties, if necessary;

·   be conducted by investigator who is free of bias against any of the parties, and who is trained on the definition of sexual harassment and how to conduct a sexual harassment investigation; and

·   utilize the preponderance of the evidence standard to determine whether the conduct violated the definition of sexual harassment as provided in Board Policy 5160 and whether the conduct occurred in the district’s education program or activity.

 

E.  Simultaneously, the district shall determine whether supportive measures are necessary. “Supportive Measures” are defined as non-disciplinary, non-punitive individualized services, offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent(s). Such measures may include, but are not limited to:

·   counseling;

·   extensions of deadlines or other course-related adjustments;

·   modifications of work or class schedules;

·   restrictions on contact between the parties;

·   increased security and monitoring of certain areas of district grounds; and/or

·   paid administrative leave of the respondent(s).

F.  Following completion of the investigation, the executive director of human resources shall provide the superintendent or designee with a full written report of the complaint and the results of the investigation, including an objective evaluation of all evidence (both inculpatory and exculpatory), unless the matter is resolved to the satisfaction of the complainant without an investigation or prior to the submission of a written report. This report must also be provided to all parties and their representatives, if any, at least ten (10) days before a final decision is made, or in compliance with timelines set forth in any applicable Collective Bargaining Agreement.

 

G.  After review of the investigative report, the superintendent or designee shall utilize the preponderance of the evidence standard to determine whether the conduct violated the definition of sexual harassment as provided in Board Policy 5160 , whether the conduct occurred in the district’s education program or activity, and whether the district complied with Chapter 392-190 WAC and/or related guidelines.

 

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

 

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

1.  A summary of the results of the investigation, including whether the alleged conduct violated the definition of sexual harassment as provided in Board Policy 5160 and whether the conduct occurred in the district’s education program or activity;

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

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

4.  Notice of the parties’ 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 parties can understand, which may require language assistance for a party with limited-English proficiency in accordance with Title VI.

 

J.  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 parties, unless otherwise agreed to by the complainant.

 

K.  Any party 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 (10^th) calendar day from the date the parties received the superintendent or designee’s response. The hearing officer shall not have been involved in the initial complaint or investigation.

 

L.  Upon receipt of an appeal, the hearing officer shall provide a written appeal decision to the parties 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 party. The appeal decision will include notice of the parties’ 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 parties can understand, which may require language assistance for a party with limited-English proficiency in accordance with Title VI. The decision of the hearing officer will include notice of the parties’ right to file a complaint with OSPI. The district will send a copy of the appeal decision to OSPI.

 

M.  In the event a party 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 , that party 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 parties received the hearing officer’s written appeal decision.

 

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 all parties;

3.  May be terminated by any 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 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:

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 all of the parties and a district representative.

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

The complaint procedure outlined above does not prohibit the processing of complaints by an employee pursuant to complaint procedures established in applicable collective bargaining agreements.

 

Protection Against Retaliation

Retaliation for filing complaints or otherwise participating, or refusing to participate, in the investigation of an allegation of sexual harassment is strictly prohibited. No individual may intimidate, threaten, coerce, or discriminate against any other individual for the purpose of interfering with any right or privilege secured under the district’s policies and procedures and/or state or federal law, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation or proceeding under this Procedure.

 

Training and Orientation

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

All of the schools’ Title IX Coordinators, district investigators, decisionmakers designated under this Procedure, and any person who facilitates an informal resolution process under this Procedure, shall receive training that includes, but is not limited to, the definition of sexual harassment, the scope of the district’s education program and activities, how to properly conduct an investigation and the district’s complaint process, appeal rights, informal resolution processes, investigating allegations impartially, conflicts of interest, issues of relevance of evidence including when questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant, and how to create a report that fairly summarizes relevant evidence.

·   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.

 

Maintaining Professional Staff/Student Boundaries

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.

General Standards

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 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

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.

 

Staff members should:

·   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 schoolwork or other legitimate school business. If staff members have educational or legitimate school business to conduct with students, they should use only district-approved applications to text or call. Communications that are one-way and sent to the entire class may be sent directly to students through one of these applications. If any communication is directed to a small group of students or an individual student, staff shall include a parent/guardian unless doing so would jeopardize the safety, health or welfare of the student. Staff members should use school email addresses and the contact information on file for the student and parent/guardian from the district student information system and not personally collected contact information, 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;

P.  Giving a student a ride alone in a vehicle in a non-emergency situation or failing to timely report that occurrence;

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/Civil Rights Compliance Officer, and general counsel. The Title IX/Civil Rights Compliance Officer 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

Board 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.

District Policies and Procedures

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