Sexual Harassment/Harassment, Intimidation & Bullying Training Wenatchee School District School Board Polices 3205 & 3207 Wenatchee School District School.

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Presentation transcript:

Sexual Harassment/Harassment, Intimidation & Bullying Training Wenatchee School District School Board Polices 3205 & 3207 Wenatchee School District School Board Polices 3205 & 3207

Policy 3205 Sexual Harassment It is the policy of Wenatchee School District to maintain a learning environment for students that is free from all forms of discrimination, including sexual harassment. The district prohibits sexual harassment of, and by, students. A fundamental premise of this policy and expectation regarding conduct is that the dignity of individuals and groups must be respected. The district will not tolerate any form of sexual harassment. It shall be a violation of this policy and the district student discipline policy for any student of the district to harass another student, staff member, volunteer, parent, or guardian through verbal or physical conduct of a sexual nature as defined by this policy. This policy prohibits sexual harassment of students by staff members, volunteers, parents, or guardians. It is the policy of Wenatchee School District to maintain a learning environment for students that is free from all forms of discrimination, including sexual harassment. The district prohibits sexual harassment of, and by, students. A fundamental premise of this policy and expectation regarding conduct is that the dignity of individuals and groups must be respected. The district will not tolerate any form of sexual harassment. It shall be a violation of this policy and the district student discipline policy for any student of the district to harass another student, staff member, volunteer, parent, or guardian through verbal or physical conduct of a sexual nature as defined by this policy. This policy prohibits sexual harassment of students by staff members, volunteers, parents, or guardians.

Sexual Harassment - what is it? Sexual harassment consists of: a.Unwelcome sexual advances; or b.Requests for sexual favors; and c.Other verbal or physical conduct or communication of a sexual nature, when that conduct or communication has the purpose or effect of substantially or unreasonably interfering with a student education or creating an intimidating, hostile or offensive educational environment. Sexual harassment consists of: a.Unwelcome sexual advances; or b.Requests for sexual favors; and c.Other verbal or physical conduct or communication of a sexual nature, when that conduct or communication has the purpose or effect of substantially or unreasonably interfering with a student education or creating an intimidating, hostile or offensive educational environment. Sexual harassment refers to behavior which is unwelcome and which is personally offensive and interferes with a student educational process.  staring or leering that has sexual overtones;  unwanted sexual comments;  suggestive gestures;  sexually demeaning jokes, statements or comments;  spreading sexual gossip;  unwanted physical contact of a sexual nature, including feigned “ accidental ” contact as well as pinches, embraces, slaps or pats;  pressure for sexual activity;  displaying pornographic or sexually explicit materials;  offering benefits, favors or rewards in exchange for sexual contact.  staring or leering that has sexual overtones;  unwanted sexual comments;  suggestive gestures;  sexually demeaning jokes, statements or comments;  spreading sexual gossip;  unwanted physical contact of a sexual nature, including feigned “ accidental ” contact as well as pinches, embraces, slaps or pats;  pressure for sexual activity;  displaying pornographic or sexually explicit materials;  offering benefits, favors or rewards in exchange for sexual contact. Examples of behavior, which may be considered sexual harassment, include without limitation:

Sexual Harassment - Complaint process Informal Complaint As a first step, if not unduly intimidated, the complainant is encouraged to directly inform any alleged harasser that the behavior is offensive, unwanted and must stop Complaints should be directed to the building principal. Informal complaints should be resolved at the building level by the principal. a) Informal complaints shall be documented within five (5) school days by the staff member receiving the complaint and forwarded to the building Principal. b) Any student or his/her parent or guardian who is aggrieved by discipline imposed may seek redress through the Wenatchee School District’s Student Responsibilities and Rights Policies. If the complaint is not resolved at the building level within five (5) school days, or if the behavior persists, then it should be reported to: a)The Executive Director of Student and Support Services if it involves a student harasser, or b)Assistant Superintendent of Human Resources if a staff member has been reported as harasser. c)If the complaint concerns the conduct of a building administrator, the complainant and/or the person with information about the alleged harassment should immediately report such complaint to the District Assistant Superintendent of Human Resources. Informal Complaint As a first step, if not unduly intimidated, the complainant is encouraged to directly inform any alleged harasser that the behavior is offensive, unwanted and must stop Complaints should be directed to the building principal. Informal complaints should be resolved at the building level by the principal. a) Informal complaints shall be documented within five (5) school days by the staff member receiving the complaint and forwarded to the building Principal. b) Any student or his/her parent or guardian who is aggrieved by discipline imposed may seek redress through the Wenatchee School District’s Student Responsibilities and Rights Policies. If the complaint is not resolved at the building level within five (5) school days, or if the behavior persists, then it should be reported to: a)The Executive Director of Student and Support Services if it involves a student harasser, or b)Assistant Superintendent of Human Resources if a staff member has been reported as harasser. c)If the complaint concerns the conduct of a building administrator, the complainant and/or the person with information about the alleged harassment should immediately report such complaint to the District Assistant Superintendent of Human Resources.

Sexual Harassment - Complaint process Formal Complaint - Student to Student The Title IX Officer, the Executive Director of Student and Support Services or Assistant Superintendent of Human Resources or designee shall investigate all written allegations of discrimination. The Title IX Officer, the Executive Director of Student and Support Services, will receive and investigate formal complaints that involve only students. (Student to Student Sexual Harassment.) Formal Complaint - Student to Student The Title IX Officer, the Executive Director of Student and Support Services or Assistant Superintendent of Human Resources or designee shall investigate all written allegations of discrimination. The Title IX Officer, the Executive Director of Student and Support Services, will receive and investigate formal complaints that involve only students. (Student to Student Sexual Harassment.) 1.Be in writing 2.Be signed by the complaining party. 3.Set forth specific acts, conditions or circumstances alleged to be in violation of the District’s policies or obligations with regard to discrimination. 4.Be filed with the Title IX Officer or Assistant Superintendent of Human Resources as soon as possible, but no later than thirty (30) calendar days following the alleged discrimination or harassment. 1.Be in writing 2.Be signed by the complaining party. 3.Set forth specific acts, conditions or circumstances alleged to be in violation of the District’s policies or obligations with regard to discrimination. 4.Be filed with the Title IX Officer or Assistant Superintendent of Human Resources as soon as possible, but no later than thirty (30) calendar days following the alleged discrimination or harassment. The allegations of discrimination shall:

Sexual Harassment - Complaint process Formal Complaint - Against Adults The Assistant Superintendent of Human Resources will receive and investigate formal complaints when allegations of discrimination or harassment are brought against employees or other adults. The allegations of discrimination shall: Formal Complaint - Against Adults The Assistant Superintendent of Human Resources will receive and investigate formal complaints when allegations of discrimination or harassment are brought against employees or other adults. The allegations of discrimination shall: 1.Be in writing 2.Be signed by the complaining party. 3.Set forth specific acts, conditions or circumstances alleged to be in violation of the District’s policies or obligations with regard to discrimination. 4.Be filed with the Title IX Officer or Assistant Superintendent of Human Resources as soon as possible, but no later than thirty (30) calendar days following the alleged discrimination or harassment. 1.Be in writing 2.Be signed by the complaining party. 3.Set forth specific acts, conditions or circumstances alleged to be in violation of the District’s policies or obligations with regard to discrimination. 4.Be filed with the Title IX Officer or Assistant Superintendent of Human Resources as soon as possible, but no later than thirty (30) calendar days following the alleged discrimination or harassment. Upon completion of the investigation, the Title IX Officer or Assistant Superintendent of Human Resources shall provide the Superintendent with a full written report of the complaint and the results of the investigation, unless the matter is resolved to the satisfaction of the complaining party prior to the submission of a full written report.

Sexual Harassment - Complaint process False Reports The district will take all complaints of sexual harassment seriously and will act to investigate all complaints. It is also a violation of this policy to knowingly report or corroborate false allegations. Persons found to knowingly report or corroborate false allegations will also be subject to disciplinary action. Non-retaliation Students shall not be retaliated against by other students or staff for making a report of sexual harassment or for providing testimony and/or assisting in the investigation of such a report. Confidentiality The district will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the district’s legal obligations and the necessity to investigate allegations of sexual harassment and take disciplinary action when the conduct has occurred. False Reports The district will take all complaints of sexual harassment seriously and will act to investigate all complaints. It is also a violation of this policy to knowingly report or corroborate false allegations. Persons found to knowingly report or corroborate false allegations will also be subject to disciplinary action. Non-retaliation Students shall not be retaliated against by other students or staff for making a report of sexual harassment or for providing testimony and/or assisting in the investigation of such a report. Confidentiality The district will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the district’s legal obligations and the necessity to investigate allegations of sexual harassment and take disciplinary action when the conduct has occurred.

Sexual Harassment - Discipline The district will take such disciplinary action it deems necessary and appropriate to end sexual harassment and to prevent its reoccurrence. Documentation and record of complaints and action taken shall be maintained. The district will take such disciplinary action it deems necessary and appropriate to end sexual harassment and to prevent its reoccurrence. Documentation and record of complaints and action taken shall be maintained.

Sexual Harassment - Documentation For all reported sexual harassment incidents (informal or formal) use this form and document it within 5 days. Most importantly do not forget to fill out the back page

Harassment, Intimidation & Bullying Training

Harassment, Intimidation & Bullying “Harassment, intimidation or bullying” means any intentional written message or image, including those that are electronically transmitted, a verbal, or physical act, including but not limited to one shown to be motivated by any characteristic in RCW 9A (3), (race, color, religion, ancestry, national origin, gender, sexual orientation or mental or physical disability), or other distinguishing characteristics, when the intentional written, verbal, or physical act: Physically harms a student or damages the student’s property; or Has the effect of substantially interfering with a student’s education; or Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or Has the effect of substantially disrupting the orderly operation of the school. Physically harms a student or damages the student’s property; or Has the effect of substantially interfering with a student’s education; or Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or Has the effect of substantially disrupting the orderly operation of the school. “Intentional acts” refers to the individual’s choice to engage in the act rather than the ultimate impact of the action(s).

Harassment, Intimidation & Bullying Nothing in this section requires the affected student to actually possess a characteristic that is a basis for the harassment, intimidation, or bullying. “Other distinguishing characteristics” can include but are not limited to: Nothing in this section requires the affected student to actually possess a characteristic that is a basis for the harassment, intimidation, or bullying. “Other distinguishing characteristics” can include but are not limited to: physical appearance, clothing or other apparel, socioeconomic status, gender identity, and marital status. Harassment, intimidation or bullying can take many forms including: slurs, rumors, jokes, innuendos, demeaning comments, drawings, cartoons, pranks, gestures, physical attacks, threats, or other written, oral or physical actions or electronically transmitted messages or images.

Harassment, Intimidation & Bullying Informal Complaint Anyone may use informal procedures to report and resolve complaints of harassment, intimidation or bullying. At the building level, programs may be established for receiving anonymous complaints. Such complaints must be appropriately investigated and handled consistent with due process requirements. 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 a building administrator who can explain the informal and formal complaint processes and what a complainant can expect. Staff shall also inform a building administrator when they receive complaints of harassment, intimidation, or bullying, 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 perpetrator that the conduct is unwelcome, disruptive, or inappropriate, either in writing or face-to- face; a statement from a staff member to the alleged perpetrator that the alleged conduct is not appropriate and could lead to discipline if proven or repeated; or a general public statement from an administrator in a building reviewing the district harassment, intimidation and bullying 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. Informal Complaint Anyone may use informal procedures to report and resolve complaints of harassment, intimidation or bullying. At the building level, programs may be established for receiving anonymous complaints. Such complaints must be appropriately investigated and handled consistent with due process requirements. 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 a building administrator who can explain the informal and formal complaint processes and what a complainant can expect. Staff shall also inform a building administrator when they receive complaints of harassment, intimidation, or bullying, 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 perpetrator that the conduct is unwelcome, disruptive, or inappropriate, either in writing or face-to- face; a statement from a staff member to the alleged perpetrator that the alleged conduct is not appropriate and could lead to discipline if proven or repeated; or a general public statement from an administrator in a building reviewing the district harassment, intimidation and bullying 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.

Harassment, Intimidation & Bullying Formal Complaint Anyone may initiate a formal complaint of harassment, intimidation or bullying, even if the informal complaint process is being utilized. Complainants should not be promised confidentiality at the onset of an investigation. It cannot be predicted what will be discovered or what kind of hearings may result. Efforts should be made to increase the confidence and trust of the person making the complaint. The district will fully implement the anti-retaliation provisions of this policy to protect complainant(s) and witness(es). Student complainants and witnesses may have a parent or trusted adult with them, if requested, during any district-initiated investigatory activities. The superintendent or designated compliance officer (which shall be the building administrator or the Assistant Superintendent of Human Resources) may conclude that the district needs to conduct an investigation based on information in their possession regardless of the complainant's interest in filing a formal complaint. Formal Complaint Anyone may initiate a formal complaint of harassment, intimidation or bullying, even if the informal complaint process is being utilized. Complainants should not be promised confidentiality at the onset of an investigation. It cannot be predicted what will be discovered or what kind of hearings may result. Efforts should be made to increase the confidence and trust of the person making the complaint. The district will fully implement the anti-retaliation provisions of this policy to protect complainant(s) and witness(es). Student complainants and witnesses may have a parent or trusted adult with them, if requested, during any district-initiated investigatory activities. The superintendent or designated compliance officer (which shall be the building administrator or the Assistant Superintendent of Human Resources) may conclude that the district needs to conduct an investigation based on information in their possession regardless of the complainant's interest in filing a formal complaint.

Harassment, Intimidation & Bullying Formal Complaint The following process shall be followed: Formal Complaint The following process shall be followed: A.All formal complaints shall be in writing. Formal complaints shall set forth the specific acts, conditions or circumstances alleged to have occurred that may constitute harassment, intimidation or bullying. The compliance officer (Principal) may draft the complaint based on the report of the complainant, for the complainant to review and sign. B.If the complaint concerns the conduct of a building administrator, the complainant and/or the person with information about the alleged harassment should immediately report such complaint to the Assistant Superintendent of Human Resources. C.Regardless of the complainant's interest in filing a formal complaint, the compliance officer may conclude that the district needs to draft a formal complaint based upon the information in the officer's possession. D.The compliance officer (Principal) shall investigate all formal, written complaints of harassment, intimidation or bullying, and other information in the compliance officer's possession that the officer believes requires further investigation. E.When the investigation is completed the compliance officer (Principal) 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. F.If the investigation reveals that corrective measures are necessary, the compliance officer (Principal) will follow the range of sanctions outlined in Policy #3240. (Student Conduct Rules and Procedures) G.The superintendent or designee, who is not the compliance officer, shall respond in writing to the complainant and the accused within thirty days, stating: A.All formal complaints shall be in writing. Formal complaints shall set forth the specific acts, conditions or circumstances alleged to have occurred that may constitute harassment, intimidation or bullying. The compliance officer (Principal) may draft the complaint based on the report of the complainant, for the complainant to review and sign. B.If the complaint concerns the conduct of a building administrator, the complainant and/or the person with information about the alleged harassment should immediately report such complaint to the Assistant Superintendent of Human Resources. C.Regardless of the complainant's interest in filing a formal complaint, the compliance officer may conclude that the district needs to draft a formal complaint based upon the information in the officer's possession. D.The compliance officer (Principal) shall investigate all formal, written complaints of harassment, intimidation or bullying, and other information in the compliance officer's possession that the officer believes requires further investigation. E.When the investigation is completed the compliance officer (Principal) 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. F.If the investigation reveals that corrective measures are necessary, the compliance officer (Principal) will follow the range of sanctions outlined in Policy #3240. (Student Conduct Rules and Procedures) G.The superintendent or designee, who is not the compliance officer, shall respond in writing to the complainant and the accused within thirty days, stating: 1.That the district intends to take corrective action; or 2.That the investigation is incomplete to date and will be continuing; or 3.That the district does not have adequate evidence to conclude that bullying, harassment or intimidation occurred.

Harassment, Intimidation & Bullying Formal Complaint The following process shall be followed: Formal Complaint The following process shall be followed: H. 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. I. If a student remains aggrieved by the superintendent's response, the student may pursue the complaint as one of discrimination pursuant to Policy 3210, Nondiscrimination or a complaint pursuant to Policy 4220, Complaints Concerning Staff or Programs. H. 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. I. If a student remains aggrieved by the superintendent's response, the student may pursue the complaint as one of discrimination pursuant to Policy 3210, Nondiscrimination or a complaint pursuant to Policy 4220, Complaints Concerning Staff or Programs.

For all reported harassment, intimidation & bullying incidents (informal or formal) use this form and document it within 5 days. Most importantly do not forget to fill out the back page Harassment, Intimidation & Bullying Documentation

Refer to school board policies 3205 an 3207 You can find them on our school district website at: Prepared by: Chet Harum; Executive Director of Student and Support Services Wenatchee School District Refer to school board policies 3205 an 3207 You can find them on our school district website at: Prepared by: Chet Harum; Executive Director of Student and Support Services Wenatchee School District For more information on Sexual Harassment/Harassment, Intimidation & Bullying