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SECTION 9.0 WVSD Sexual Harrassment Policy & Procedure
Sexual Harassment
The West Valley School District is committed to a positive and productive education and working environment free from discrimination, including sexual harassment. The district prohibits sexual harassment of students, employees and others involved in school district activities.
Sexual harassment occurs when:
1. Submitting to the harasser’s sexual demands is a stated or implied condition of obtaining an education or work opportunity or other benefit;
2. Submission to or rejection of sexual demands is a factor in an academic, work or other school-related decision affecting an individual; or
3. Unwelcome sexual or gender-directs conduct or communication interferes with an individual’s performance or creates an intimidating, hostile or offensive environment.
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 and female to female.
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. Allegations of criminal misconduct will be reported to law enforcement and suspected child abuse will be reports to law enforcement or Child Protective Services. Persons found to have been subjected to sexual harassment will have appropriate school district services made reasonably available to them adverse consequences of the harassment shall be reviewed and remedied, as appropriate.
Engaging in sexual harassment will result in appropriate discipline or other appropriate sanctions against offending students, staff and contractors. 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 against any person who makes or is a witness in a sexual harassment complaint is prohibited 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 sexual harassment. Persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.
The superintendent shall 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 time lines and delineate staff responsibility under this policy. All staff is responsible for receiving informal complaints and reports of sexual harassment and informing appropriate district personnel of the complaint or report for investigation and resolution. All staff is also responsible for directing complainants to the formal complaint process.
The superintendent shall develop procedures to provide age-appropriate information and education to district staff, students, parents and volunteers regarding 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 shall be posted in each district building in a place available to staff, student and regular volunteer orientation. This policy shall be in each district building in a place available to staff, students, parents, volunteers and visitors. The policy shall be reproduced in each student, staff, volunteer and parent handbook.
The superintendent shall 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, shall be included in the report. The superintendent is encouraged to involve staff, students, and volunteers and parents in the review process.
Cross-references: Board Policy 3210 Nondiscrimination
Board Policy 3240 Student Conduct
Board Policy 3421 Child Abuse and Neglect
Board Policy 5010 Nondiscrimination
Board Policy 5255 Disciplinary Action and Discharge
Legal References: RCW 28A.640.020
Regulations, guidelines to eliminate discrimination scope
WAC 392-190-056-058
Sexual Harassment
Informal Complaint Process: Anyone may use informal procedures to report and resolve complaints of sexual harassment. Informal reports may be made to any staff member, although staff shall always inform complainants of their right to and the process for filing a formal complaint. Staff shall also direct potential complainants to an appropriate staff member who can explain the informal and formal complaint processes and what a complainant can expect. Staff shall also inform an appropriate supervisor or professional staff member when they receive complaints of sexual harassment, especially when the complaint is beyond their training to resolve or alleges serious misconduct. Informal remedies include an opportunity for the complainant to explain to the alleged harasser that his or her conduct is unwelcome, offensive or inappropriate, either in writing or face-to face; a statement from a staff member to the alleged harasser that the alleged conduct is not appropriate and could lead to discipline if proven or repeated; or a general the district sexual harassment policy without identifying the complainant. Informal complaints may become formal complaints at the request of the complainant, parent, guardian, or because the district believes the complaint needs to be more thoroughly investigated.
Formal complaint process: anyone may initiate a formal complaint of sexual harassment, even if the informal complaint process is being utilized. Potential complainants who wish to have the district hold their identity confidential shall be informed that the district will almost assuredly face due process requirements that will make all available of all information that the district has to the accused. The district will however fully implement the anti-retaliation provisions of this policy to protect the witnesses. Student complainants and witnesses may have a trusted adult with them during any district –initiated investigatory activities. The superintendent or designated compliance officer (hereinafter referred to as the compliance officer) may conclude that the district needs to conduct an investigation based on information in his or her possession regardless of the complainant’s interest in filing a formal complaint. The following process shall be followed:
A. The compliance officer shall receive and investigate all formal, written complaints of sexual harassment, or information in the compliance officer’s possession that the officer believes requires further investigation.
B. All formal complaints shall be in writing; shall be signed by the compliant; shall be signed by the compliant; and shall set forth the specific acts, conditions or circumstances alleged to have occurred and to constitute sexual harassment. The compliance officer may draft the complaint to review and sign.
C. When the investigation is completed the compliance officer shall compile a full written report of the complaint and the results of the investigation. If the matter has not been resolved to the complainant’s satisfaction, the superintendent shall take further action on the report.
D. The superintendent shall respond in writing to the complainant and the accused within thirty days stating:
1. That the district does not have adequate evidence to conclude that harassment occurred;
2. Corrective actions that the district intends to take; and/or
3. That the investigation is incomplete to date and will be continuing.
E. Corrective measures deemed necessary will be instituted as quickly as possible, but in no event more than thirty days after the superintendent’s written response, unless the accused is appealing the imposition of discipline and the district is barred by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded.
If a student remains aggrieved by the superintendent’s response, he or she may pursue the complaint as one of sexual discrimination pursuant to Policy 3210, Nondiscrimination. Similarly staff may pursue complaint further through the appropriate collective bargaining agreement process or anti-discrimination policy.
A fixed component of all district orientation sessions for staff, students, and regular volunteers shall introduce the elements of this policy. Staff will be provided information on recognizing and preventing sexual harassment. Staff shall be fully informed of the formal and informal complaint processes and their roles 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 sexual harassment. Regular volunteers shall get the portions of this component of orientation relevant to their rights and responsibilities.
Students will be provided with age-appropriate information on the recognition and prevention of sexual harassment and their rights and responsibilities under this and other district policies and rules at student orientation sessions and on other appropriate occasions, which may include parents. Parents shall be provided with copies of this policy and procedure and appropriate materials on the recognition and prevention of sexual harassment.
As part of the information on the recognition and prevention of sexual harassment staff, volunteers, students and parents will be informed that sexual harassment may include, but is not limited to:
1. Demands for sexual favors in exchange for preferential treatment or something of value;
2. Stating or implying that a person will lose something if he or she does not submit to a sexual request;
3. Penalizing a person for refusing to submit to a sexual advance, or providing a benefit to someone who does;
4. Making unwelcome, offensive or inappropriate sexually suggestive remarks, comments, gestures, or jokes; or remarks of a sexual nature about a person’s appearance, gender or conduct;
5. Using derogatory sexual terms for a person;
6. Standing too close, inappropriately touching, cornering or stalking a person, or
7. Displaying offensive or inappropriately sexual illustrations on school property.
Annually the superintendent or designee shall consult with the Diversity Committee which is composed of representatives of certificated and classified staff, volunteers, students and parents, to review the use and efficacy of this policy and procedure. The compliance officer will be included in the review. Based on the review of the committee, the superintendent shall prepare a report to the board including, if necessary, any recommended policy changes. The superintendent shall consider adopting changes to this procedure if recommended by the committee.
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