Policy%205011%20NEW.pdf

Parent document: Board Meeting-09-23-2024.pdf

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e “Quid pro quo harassment,”
e “Hostile environment harassment,” and
e Specific offenses of sexual assault, dating violence, domestic violence, or stalking

The term “sexual harassment” is also prohibited under state law as defined at W.A.C. 392-190-056 and includes
unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical
conduct or communication of a sexual nature between two or more individuals if:
a. Submission to that conduct or communication is condition of obtaining employment;
b. a factor in decisions affecting that individual's employment; or
c. the conduct or communication has the purpose or effect of substantially interfering with an individual's
employment or of creating an intimidating, hostile, or offensive educational environment.

Harassment based on sexual orientation, gender expression, or gender identity is also prohibited under Washington
state law as defined at RCW 49.60.040 and WAC 162.32-040.

For the purpose of these definitions, sexual harassment may include conduct or communication that involves adult to
student, student to adult, student to student, adult to adult, male to female, female to male, male to male, and female
to female.

The district will address all sex-based harassment in its program and activities, even when some conduct alleged to be
contributing to a hostile environment occurs outside of its program or activities.

The district has also developed other specific related policies for district employees to comply with its obligations under
State and Federal laws, including Title IX, and to create an inclusive and welcoming work environment, including
[WSSDA Model Policies or modified for your district equivalent] Policy 5210 (Prohibiting Discrimination of Staff), Policy
5012 (Parental, family, or marital status; pregnancy or related conditions), and 5404 (Family Medical and Maternity
Leave).

Investigation and Response

The Superintendent will develop and implement procedures for receiving, investigating, and resolving complaints or
reports of sex discrimination, including sex-based harassment, and will include reasonable and prompt timelines and
delineate roles and responsibilities for such.

If the district knows, or reasonably should know, that sex-based discrimination has occurred, the district will promptly
investigate to determine what occurred and will take appropriate steps to resolve the situation. If an investigation
reveals that sex-based harassment has created a hostile environment, the district will take prompt and effective steps
reasonably calculated to end sex-based harassment, eliminate the hostile environment, prevent its occurrence, and, as
appropriate, remedy its effects. The district will take prompt, equitable, and remedial action within its authority every
time a report, complaint, and grievance alleging sex-based 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 as required by law. 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 sex-based
harassment.

Engaging in sex-based discrimination will result in appropriate discipline or other appropriate sanctions against
offending staff or third parties involved in district activities. Anyone else who engages in sex-based discrimination on
district property or district workspaces will have their access to school property and activities restricted, as appropriate.

Retaliation and False Allegations

It is a violation of this policy to engage in retaliation, as defined under Federal and State laws and the Superintendent’s
procedure, against any person who makes or is a witness in a sex-based discrimination complaint and will result in
appropriate discipline. The district will take appropriate actions to protect involved persons from retaliation.

It is a violation of this policy to knowingly report false allegations of sex-based discrimination. Persons found to
knowingly report or corroborate false allegations will be subject to appropriate discipline. However, no party, witness, or
others participating in the district’s grievance process will be disciplined based solely on a determination of whether sex-
based discrimination occurred under the Superintendent’s procedure.

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Staff Responsibilities and Training
The Superintendent will develop and implement a procedure that identifies the roles, responsibilities, and training
requirements of the Title IX Coordinator and school employees.

The Superintendent will also develop materials to provide age-appropriate information and education to district staff,
students, parents, and volunteers regarding this policy and the recognition and prevention of sex-based harassment.

District Notice

At a minimum, the district’s website will include a statement that the district prohibits sex discrimination and sex-based
harassment in any education program or activity that it operates, as required by Title IX and other laws, and
employment. It will also state that questions about Title IX, how to locate the district’s policy and grievance procedure,
and how to report sex discrimination or make a complaint may be directed to the District’s Title IX Coordinator. The Title
IX Coordinator’s contact information will also be provided, including their name or title, office address, email address,
and telephone number.

This policy and the procedure, which includes the complaint process, will be conspicuously posted in each district
building in a place accessible to staff, students, parents, volunteers, and visitors. Information about the policy and
procedure will be clearly stated and 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.

Additionally, sex-based harassment recognition and prevention and the elements of this policy will be included in staff,
student, and regular volunteer orientations.

Policy Review

The Superintendent 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. The Superintendent
is encouraged to involve staff, volunteers, and parents in the review process.

Cross References: 3421 - Child Abuse and Neglect
3210 - Nondiscrimination
3211 - Gender-Inclusive Schools
5010 - Nondiscrimination and Affirmative Action
5012 - Parent, Family, and Marital Status, and Pregnancy

Legal References: 20 U.S.C. §§ 1681-1688
2024 Title IX Regulations at 34 C.F.R. § 106 et seq
W.A.C. 392-190-058 Sexual harassment and W.A.C. 162-32-040
RCW 28A.640.020 Regulations, guidelines to eliminate discrimination — Scope —
Sexual harassment policies
RCW 49.60 Washington Law Against Discrimination
WAC 162-32-040 Harassment

Management Resources: 2024 - August Issue
2022 - June Issue
2015 - July Policy Alert
2014 - December Issue
2010 - October Issue

Adoption Date:
Classification: Essential
Revised Dates: 10.11; 12.14; 07/01/2015; 06/28/2021; 06.22; 07.24

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