3205: Prohibition of Sexual Harassment – Students

성희롱 금지 - 학생 (Korean)

Prohibición del acoso sexual - estudiantes (Spanish PDF)

禁止性骚扰----学生 (Simplified Chinese PDF)

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This district is committed to a positive and productive education free from discrimination, including sexual harassment. This commitment extends to all students involved in academic, educational, extracurricular, athletic, and other programs or activities of the school, whether that program or activity is in a school facility, on school transportation or at a class or school training held elsewhere.

Definition

For purposes of this policy, sexual harassment means unwelcome conduct or communication of a sexual nature. Sexual harassment can occur adult to student, 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.

The term “sexual harassment” may include:

• acts of sexual violence;
• unwelcome sexual or gender-directed conduct or communication that interferes with an individual’s educational performance or creates an intimidating, hostile, or offensive environment;
• unwelcome sexual advances;
• unwelcome requests for sexual favors;
• sexual demands when submission is a stated or implied condition of obtaining an educational benefit;
• sexual demands where submission or rejection is a factor in an academic, or other school-related decision affecting an individual.

The district prohibits sexual harassment of students by other students, employees or third parties involved in school district activities.

A “hostile environment” has been created for a student when sexual harassment is sufficiently serious to interfere with or limit the student’s ability to participate in or benefit from the school’s program. The more severe the conduct, the less need there is to demonstrate a repetitive series of incidents. In fact, a single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe, violent, or egregious.

Investigation and Remedies

If the district knows, or reasonably should know, that sexual harassment has created a hostile environment, it will promptly investigate to determine what occurred and take appropriate steps to resolve the situation. The Title IX Coordinator will upon receipt of a complaint, direct the complaint to the appropriate lead staff member to investigate all formal, and/or written complaints of sexual harassment or information in the coordinator’s possession that requires further investigation. 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, including but not limited to implementing safety and/or behavior plans, corrective action, training and/or education. 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 contact individuals who submit reports, complaints and grievances alleging sexual harassment within two (2) school days to acknowledge receipt of the information and advise the individual of appropriate steps the district will take to resolve the complaint in writing. 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 in accordance with policy 3421. 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 school 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 is prohibited and will result in appropriate corrective action and/or intervention in accordance with Policy 3241. It is a violation of district policy to threaten or harm someone for reporting harassment, intimidation, or bullying, or participating in an investigation.

It is also a violation of district policy 3241 policy to knowingly report false allegations of harassment, intimidation, and bullying. 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 corrective action and/or intervention.

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 timelines 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 Compliance Coordinator. All staff are also responsible for directing complainants to the formal complaint process.

Reports of discrimination and discriminatory harassment will be referred to the district’s Discrimination Compliance Coordinator. Reports of disability discrimination or harassment will be referred to the district’s Section 504 Coordinator.

Notice and Training

The superintendent or designee will ensure the development of procedures to provide age- appropriate information and education to district staff, students, parents and volunteersregarding 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 the procedure, which includes the complaint process, will be posted in each district building in a place available to staff, students, parents, volunteers, and visitors. Information about the policy and procedure will be clearly stated and conspicuously posted throughout each school building, provided to each employee, and reproduced in each student, staff, volunteer, and parent handbook. Such notices will identify the District’s Title IX coordinator and provide contact information, including the coordinator’s email address.

Staff responsible for facilitating and/or conducting investigations will receive annual training on investigations.

Policy Review

The superintendent or designee will make an annual report to the board reviewing the use and efficacy of this policy and related procedures. Recommendations for changes to this policy, if applicable, will be included in the report.

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Cross References

Board Policy 3207 Prohibition of Harassment, Intimidation and Bullying Board Policy 3210 Board Policy 3240 Nondiscrimination Student Conduct Board Policy 3241 Board Policy 5010 Board Policy 5011 Student Behavior, Corrective Actions and/or Interventions Nondiscrimination and Affirmative Action Sexual Harassment of District Staff Prohibited

Legal References

• 20 U.S.C. 1681-1688 
• WAC 392-190-056 Sexual Harassment - Definitions
• WAC 392-190-058 Sexual Harassment - Notification
• RCW 28A.640.020 Regulations, guidelines to eliminate Discrimination – Scope – Sexual harassment policies