Harassment - 5030P

1.0 Policy 5030 and Procedure 5030P prohibit both malicious harassment and sexual harassment (see Policy 5030 for definitions).  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 according to sections 5.0 and 6.0 of these procedures.  While it is not required, complainants are encouraged to attempt informal procedures prior to filing a formal complaint.

Allegations of criminal misconduct will be reported to law enforcement, and suspected child abuse will be reported to law enforcement and Child Protective Services, as required by law. 

2.0 Those who engage in harassment on or adjacent to school property or at school functions will be subject to appropriate discipline or sanctions according to District policy or other agreements.

3.0 Coercion, discrimination, or reprisals taken against persons filing complaints of harassment or persons acting as witnesses to complaints shall result in appropriate disciplinary action or sanctions according to District policy or other agreements. 

4.0 Persons who knowingly file false allegations of harassment, or report or corroborate false allegations, shall be subject to appropriate disciplinary actions or sanctions according to District policy or other agreements.

5.0 COMPLAINT PROCEDURES:  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 the following procedures.  Employees or volunteers receiving a complaint from a student shall immediately notify the appropriate supervisor of the complaint.

5.1 INFORMAL COMPLAINT PROCEDURE.  Anyone may use informal procedures to report and resolve complaints of harassment.  Informal reports may be made to any supervisor who shall inform the complainant of the processes and of his/her right to file a formal complaint.

5.1.1 Informal method 1.  The complainant may address the alleged harasser either directly or in writing to explain that his/her conduct is unwelcome, offensive or inappropriate and should stop.

5.1.2 Informal method 2.  The complainant may meet with a neutral person to help resolve the alleged harassment.  This person may be an administrator, an immediate supervisor, the District’s Title IX/Affirmative Action Officer, or a colleague.

5.2 FORMAL COMPLAINT AND INVESTIGATIVE PROCEDURE.  Anyone may initiate a formal complaint of harassment, even if the informal complaint process is being utilized.  If the accused or the complainant is a student, the complaint should be filed with the school principal/designee in accordance with Policy 3207 and Procedure 3207P.  If the complainant is an employee or volunteer, the complaint should be filed with the immediate supervisor in charge (see Section 5.2.2 for exceptions) and the following procedures shall govern the complaint process.

5.2.1 The complaint alleging harassment shall be in writing and signed by the complainant(s). The District’s Harassment Formal Complaint, Form 5030(1), should be utilized for this purpose. The complaint shall set forth specific acts, conditions, or circumstances alleged to constitute harassment in sufficient detail to let the investigating officer know the nature and extent of the alleged harassment. 

Documentation may also include witnesses, or any previous action taken by the complainant to resolve the alleged harassment.

5.2.2 If the complainant is alleging harassment by the person designated as the individual with whom the complaint would normally be filed, the complainant should contact the person of next higher authority in the District. Any allegation of harassment by an employee or the investigation of any alleged sexual harassment, including student-to-student sexual harassment, shall be referred to the District’s

Title IX Compliance Officer who will consult with building principals, other supervisors, and District administrators to coordinate the investigatory efforts.  Student-to-student harassment issues shall be addressed in accordance with the provisions of Policy 3207 and Procedure 3207P.

5.2.3 Upon receipt of a complaint that complies with subsections 5.2 and 5.2.1, the District Title IX Compliance Officer/designee shall initiate a formal investigation of the allegations set forth therein,

and upon completion of the investigation provide the Superintendent's designee with a written report concerning the complaint and the results of the investigation.

5.2.4 To determine whether the conduct alleged in the complaint constitutes harassment, the investigator shall consider the totality of the circumstances, the nature of the alleged harassment, and the context in which the alleged incident(s) occurred.

5.2.5 Within thirty (30) calendar days of the filing of the complaint, the investigator shall respond in writing to the complainant stating:

5.2.5.1 That the allegations contained in the complaint have not been substantiated and no corrective action is warranted; or

5.2.5.2 That the allegations, or some portion thereof, have been substantiated, providing an explanation of the corrective measures the District will take concerning the substantiated violations of the harassment policy (such explanation shall take into consideration confidentiality, due process, and other lawful rights of the accused); or

5.2.5.3 That the investigation is incomplete to date and will be continuing.

5.2.6 Any corrective action identified in the response shall be taken in an expeditious manner, but no later than thirty (30) calendar days following the written response to the complainant.

5.3 APPEAL PROCEDURE.  If a complainant wishes to appeal the conclusions of the investigator, he/she may file a written Harassment Formal Notice of Appeal, Form 5030(2), with the Superintendent's designee on or before the 10th calendar day following the date upon which the complainant received the written response.

5.3.1 In the event the District has failed to provide a written response to a complaint within thirty (30) calendar days from the date of its original filing, the complainant may also file a written Harassment-Formal Notice of Appeal Form 5030(2) with the Superintendent's Designee on or before the 10th calendar day following expiration of the thirty (30) day period.

5.3.2 The notice of appeal shall set forth specific reasons why the complainant disagrees with the response and the relief sought from the District.  The notice of appeal shall be filed with the Superintendent's designee.

5.3.3 Upon receipt of a timely written notice of appeal in compliance with subsections 5.0, 5.1 and 5.2, the Superintendent's designee is responsible to select a Hearing Committee and shall schedule a hearing to commence on or before the 20th calendar day following the filing of the written notice of appeal.  The District and the complainant(s) shall be allowed to present such witnesses and testimony as the Hearing Committee deems relevant and material. The Hearing Committee shall render a written decision and shall provide a copy to all parties involved on or before the 10th calendar day following the termination of the hearing.

5.4 BOARD APPEAL PROCEDURE.  If a complainant wishes to appeal the decision of the Hearing Committee, the complainant has the right to file a written appeal to the School Board, Form 5030(3), on or before the 10th calendar day following the receipt of the decision from the Hearing Committee.  The School Board shall schedule a hearing to commence on or before the 20th calendar day following the filing of the written appeal to the Board.  The School Board shall render a written decision and shall provide a copy to all parties involved on or before the 10th calendar day following the termination of the hearing.

5.4.1 If the complainant wishes to appeal the decision of the School Board, the complainant may appeal the Board’s decision to the Superintendent of Public Instruction in the manner prescribed by WAC 392-190-075 , if the complaint pertains to sexual harassment.

6.0 If there is no complainant, but District supervisory employees have reason to believe that inappropriate behavior of a discriminatory or harassing nature involving employees,

volunteers, and/or students may have occurred, the matter shall be investigated and dealt with through the appropriate District investigative and disciplinary processes according to this policy.

7.0 A fixed component of all District orientation sessions for employees, students, and regular volunteers shall introduce the elements of this procedure.

7.1 Staff shall be provided information on recognizing and preventing sexual and malicious harassment.  Staff shall be fully informed of the formal and informal complaint processes and of their rights and responsibilities under the policy and procedure.  Certificated staff shall be reminded of their legal responsibility to report suspected child abuse, and how that responsibility may be implicated by some allegations of harassment.

7.2 Classified employees and regular volunteers shall be provided information on recognizing and preventing harassment and shall be informed of the formal and informal complaint process and of their rights and responsibilities.

7.3 Students shall be provided with age-appropriate information on the recognition and prevention of harassment and their rights and responsibilities under this policy and procedure.  This information shall be provided at student orientation sessions and published in appropriate handbooks and District publications.  Copies of this policy and procedure and appropriate materials on the recognition and prevention of harassment shall be made available to parents.

8.0 Annually, the Superintendent or designee shall review the use and efficacy of this policy and procedure.  Based upon the review, the Superintendent or designee shall prepare a report to the School Board including, if necessary, any recommended changes in policy or procedure.  The Superintendent is encouraged to involve staff, students, volunteers and parents in the review process.

Legal References:
RCW 28A.640.010 ">RCW 28A.640.010   through 900
WAC 392-190-005  through 080

Date:     3/11/03

Related Forms:

• 5030-1 Harassment Form Complaint Form (16K PDF)
• 5030-2 Harassment Formal Notice of Appeal to Superintendent's Designee (13K PDF)
• 5030-3 Harassment Formal Appeal to the Board of Education (13K PDF)