Harassment - 5030

It is the policy of the Board of Directors to provide a positive and productive educational and working environment that is free from malicious harassment and sexual harassment.  The District prohibits harassment by students, employees, and others involved in school District activities.  Federal and/or state law, and/or District policy, prohibit harassment that is based on race, ethnic or national origin, religion, gender, sexual orientation including gender identity, or disability. Harassment based upon any other characteristics is also unacceptable.  

Age-appropriate information and education will be provided to District staff, students, parents, and volunteers regarding this policy.  Information on recognition and prevention of harassment will be included in staff, student, and regular volunteer orientations and training sessions, and will be published in handbooks and other appropriate publications.  Copies of this policy and procedure, and appropriate materials on the recognition and prevention of harassment shall be made available to parents.

I. MALICIOUS HARASSMENT: A staff person is considered to have committed malicious harassment when, because of another staff person or student’s race, creed, religion, color, ancestry, or national origin, he/she purposely or knowingly, with intent to terrify, intimidate, threaten, annoy or offend:

1. cause bodily injury to another,
2. causes reasonable apprehension of bodily injury, or
3. damages or destroys another person’s personal property.

Words alone do not constitute malicious harassment unless the context or circumstances surrounding the words indicate the words are a threat.  Threatening words do not constitute malicious harassment if it is apparent that the person does not have the ability to carry out the threat.

II. SEXUAL HARASSMENT:  Sexual harassment may include, but is not limited to, unwelcome or uninvited: sexual advances, requests for sexual favors, sexual comments, cartoons, innuendoes, or other verbal or physical conduct of a sexual nature.

Sexual harassment occurs when:

1. Such behavior or communication interferes with an individual’s performance or creates an intimidating, hostile, or offensive educational or work environment; and/or
2. Submission to the harasser’s sexual demands is stated or implied as a term or condition of obtaining an education or work opportunity or other benefit; and/or
3. Submission to or rejection of sexual demands is a factor in an academic, work, or other school-related decision affecting an individual

Sexual harassment can occur adult to student, student to adult, student to student, adult to adult, male to female, female to male, male to male, or female to female.

The District will take prompt, equitable, and remedial action within its authority on reports, complaints, and grievances alleging harassment that come to the attention of the District, either formally or informally.

Appropriate discipline or sanctions according to District policy or other agreements will be imposed for:

1. Engaging in harassment on or adjacent to school property, or at school functions.
2. Coercion, discrimination or reprisals taken against persons filing complaints for persons acting as witnesses to complaints of harassment.
3. Knowingly filing false allegations, or reporting or corroborating false allegations of harassment.

III.  COMPLAINT PROCEDURES

The Superintendent or designee shall develop and implement procedures for receiving, investigating, and resolving complaints or reports of harassment.  The procedures dealing with harassment complaints will include reasonable and prompt time lines and delineate staff responsibilities under this policy. 

Any person who believes he/she has been subjected to harassment on or adjacent to school property, or at school related functions, may file a complaint in the manner prescribed in District Procedure 5030P.  Employees or volunteers receiving a complaint from a student shall immediately notify the appropriate District staff supervisor of the complaint.

The Board reserves the right to request a report regarding the use and efficacy of this policy and related procedures.

Cross reference: 

• Policy  3207  Prohibition of Harassment, Intimidation and Bullying - Students
• 3210 Nondiscrimination
• 3240 Student Conduct
• 3421 Child Abuse and Neglect
• 5010 Nondiscrimination and Affirmative Action
• 5255 Disciplinary Action and Discharge

Legal References: 

• RCW 28A.640.020     Regulations, guidelines to eliminate  discrimination--Scope
• WAC 392-190-056     Sexual harassment through 058

Adopted: 5/22/07