Sexual Harassment
Under state law, information about every school district’s sexual harassment policy and complaint procedure must be included in staff and student handbooks, or other publications that set forth the rules, regulations, and standards of conduct for the school or district (WAC 392-190-058).
Students and staff are protected against sexual harassment by anyone in any school program or activity, including on the school campus, on the school bus, or off-campus during a school-sponsored activity.
Sexual harassment is unwelcome behavior or communication that is sexual in nature. A hostile environment has been created for a student when:
- A student or employee is led to believe that he or she must submit to unwelcome sexual conduct or communications in order to gain something in return, such as a grade, a promotion, a place on a sports team, or any educational or employment decision, or
- The conduct substantially interferes with or limits a student’s ability to participate or benefit from an educational program or creates an intimidating or hostile educational or employment environment.
Examples of Sexual Harassment:
- Pressuring a person for sexual favors
- Unwelcome sexual advances
- 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
- Unwelcome touching of a sexual nature
- Writing graffiti of a sexual nature
- Distributing sexually explicit texts, e-mails, or pictures
- Making sexual jokes, rumors, or suggestive remarks
- Physical violence, including rape and sexual assault
You can report sexual harassment to any school staff member or to the district’s Title IX Officer:
Jeff Lowell
425-456-4010
lowellj@bsd405.org
12111 NE 1st Street, Bellevue, WA 98005
You also have the right to file a complaint (see below).
- Policy 3205
- Procedure 3205P
- Make a Report Online with SafeSchools Alert
- Complete a sexual harassment reporting form
Filing a Complaint
If you believe that you or your child have experienced unlawful discrimination, discriminatory harassment, or sexual harassment at school, you have the right to file a complaint.
Before filing a complaint, you can discuss your concerns with your child’s principal or District’s Title IX Officer or Civil Rights Coordinator, who are listed above. If your child has a 504 plan, you may also opt to discuss with the District’s 504 Officer.
Complaint to the School District
Step 1. Write Out Your Complaint
In most cases, complaints must be filed within one year from the date of the incident or conduct that is the subject of the complaint. A complaint must be in writing. The complaint may be documented on a sexual harassment reporting form. Be sure to describe the conduct or incident, explain why you believe discrimination, discriminatory harassment, or sexual harassment has taken place, and describe what actions you believe the district should take to resolve the problem. Send your written complaint—by mail, fax, email, or hand delivery—to the district superintendent or Title IX Officer.
Step 2: School District Investigates Your Complaint
Once the district receives your written complaint, the officer or designee will give you a copy of the complaint procedure and make sure a prompt and thorough investigation takes place. The superintendent or designee will respond to you in writing within 30 calendar days—unless you agree on a different time period. If your complaint involves exceptional circumstances that demand a lengthier investigation, the district will notify you in writing to explain why staff need a time extension and the new date for their written response.
Step 3: School District Responds to Your Complaint
In its written response, the district will include a summary of the results of the investigation, a determination of whether or not the district failed to comply with civil rights laws, notification that you can appeal this determination, and any measures necessary to bring the district into compliance with civil rights laws. Corrective measures will be put into effect within 30 calendar days after this written response—unless you agree to a different time period.
Appeal to the School District
If you disagree with the school district’s decision, you may appeal to the school district’s board of directors through the District’s Disciplinary Appeals Council (DAC). You must file a notice of appeal in writing to the secretary of the school board within 10 calendar days after you received the school district’s response to your complaint. The DAC will schedule a hearing within 10 calendar days after they received your appeal unless you agree on a different timeline. The DAC will send you a written decision within 20 calendar days after the district received your notice of appeal. DAC’s decision will include information about how to file a complaint with the Office of Superintendent of Public Instruction (OSPI).
Complaint to OSPI
If you do not agree with the school district’s appeal decision, state law provides the option to file a formal complaint with the Office of Superintendent of Public Instruction (OSPI). This is a separate complaint process that can take place if one of these two conditions has occurred: (1) you have completed the district’s complaint and appeal process, or (2) the district has not followed the complaint and appeal process correctly.
You have 20 calendar days to file a complaint to OSPI from the day you received the decision on your appeal. You can send your written complaint to the Equity and Civil Rights Office at OSPI:
Email: Equity@k12.wa.us
Fax: 360-664-2967
Mail or hand deliver: PO Box 47200, 600 Washington St. S.E., Olympia, WA 98504-7200
For more information, visit www.k12.wa.us/Equity/Complaints.aspx, or contact OSPI’s Equity and Civil Rights Office at 360-725-6162/TTY: 360-664-3631 or by e-mail at equity@k12.wa.us.
Other Discrimination Complaint Options
Office for Civil Rights, U.S. Department of Education
206-607-1600 ǀ TDD: 1-800-877-8339 ǀ OCR.Seattle@ed.gov ǀ www.ed.gov/ocr
Washington State Human Rights Commission
1-800-233-3247 ǀ TTY: 1-800-300-7525 ǀ www.hum.wa.gov