Procedure Prohibition of Harassment,
Intimidation and Bullying
Introduction
-
The Evergreen School District #205 strives to provide students with
optimal conditions for learning by maintaining a school environment where
everyone is treated with respect and no one is physically or emotionally
harmed.
In order to ensure respect and prevent harm, it is a violation of district
policy for a student to be harassed, intimidated, or bullied by others in
the school community, at school sponsored events, or when such actions
create a substantial disruption to the educational process. The school
community includes all students, school employees, school board members,
contractors, unpaid volunteers, families, patrons, and other visitors.
Student(s) will not be harassed because of their race, color, religion,
ancestry, national origin, gender, sexual orientation, including gender
expression or identity, mental or physical disability, or other
distinguishing characteristics.
Any school staff who observes, overhears, or otherwise witnesses
harassment, intimidation or bullying or to whom such actions have been
reported must take prompt and appropriate action to stop the harassment
and to prevent its reoccurrence.
Definitions
-
Aggressor
means a student, staff member, or other member of the school community who
engages in the harassment, intimidation or bullying of a student.
Harassment,
intimidation or bullying means an intentional electronic,
written, verbal, or physical act that:
- Physically harms a student or damages the
student’s property;
- Has the effect of substantially interfering with a
student’s education;
- 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.
Conduct that is “substantially interfering with a
student’s education” will be determined by considering a targeted student’s
grades, attendance, demeanor, interaction with peers, participation in
activities, and other indicators.
Conduct that may rise to the level of harassment, intimidation and bullying may
take many forms, including, but not limited to: slurs, rumors, jokes,
innuendoes, demeaning comments, drawings, cartoons, pranks, ostracism, physical
attacks or threats, gestures, or acts relating to an individual or group
whether electronic, written, oral, or physically transmitted messages or
images. There is no requirement that the targeted student actually possess the
characteristic that is the basis for the harassment, intimidation or bullying.
Incident Reporting Forms may be used by students, families, or staff to report
incidents of harassment, intimidation or bullying. A sample form is provided on
the Office of Superintendent of Public Instruction’s (OSPI) School Safety
Center website: www.k12.wa.us/SafetyCenter/BullyingHarassment/default.aspx.
Retaliation
occurs an aggressor harasses, intimidates, or bullies a student who has
reported incidents of bullying.
Staff
includes, but is not limited to, educators, administrators, counselors, school
nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors
to extracurricular activities, classified staff, substitute and temporary
teachers, volunteers, or paraprofessionals (both employees and contractors).
Targeted Student
means a student against whom harassment, intimidation or bullying has allegedly
been perpetrated.
- Relationship to
Other Laws
This procedure applies only to RCW
28A.300.285 – Harassment, Intimidation and Bullying prevention. There
are other laws and procedures to address related issues such as sexual
harassment or discrimination.
At least four Washington laws may apply to harassment or discrimination:
- RCW
28A.300.285 – Harassment, Intimidation and Bullying
- RCW
28A.640.020 – Sexual Harassment
- RCW 28A.642 –
Prohibition of Discrimination in Public Schools
- RCW
49.60.010 – The Law Against Discrimination
The district will
ensure its compliance with all state laws regarding harassment, intimidation or
bullying. Nothing in this procedure prevents a student, parent/guardian, school
or district from taking action to remediate harassment or discrimination based
on a person’s gender or membership in a legally protected class under local,
state, or federal law.
- Prevention
- Dissemination
In each school and on the district’s website the district will
prominently post information on reporting harassment, intimidation and
bullying; the name and contact information for making a report to a
school administrator; and the name and contact information for the
district compliance officer. The district’s policy and procedure will be
available in each school in a language that families can understand.
Annually, the superintendent will ensure that a statement summarizing the
policy and procedure is provided in student, staff, volunteer, and parent
handbooks, is available in school and district offices and/or hallways,
or is posted on the district’s website.
Additional distribution of the policy and procedure is subject to the
requirements of Washington Administrative Code 392-400-226.
- Education
Annually students will receive age-appropriate information on the
recognition and prevention of harassment, intimidation or bullying at
student orientation sessions and on other appropriate occasions. The
information will include a copy of the Incident Reporting Form or a link
to a web-based form.
- Training
Staff will receive annual training on the school district’s policy and
procedure, including staff roles and responsibilities, how to monitor
common areas and the use of the district’s Incident Reporting Form.
- Prevention
Strategies
The district will implement a range of prevention
strategies including individual, classroom, school, and district-level
approaches.
Whenever possible, the district will implement evidence-based prevention
programs that are designed to increase social competency, improve school
climate, and eliminate harassment, intimidation and bullying in schools.
- Compliance
Officer
The district compliance officer will:
- Serve as the district’s primary contact for
harassment, intimidation and bullying;
- Provide support and assistance to the principal
or designee in resolving complaints;
- Receive copies of all Incident Reporting Forms,
discipline Referral Forms, and letters to parents providing the outcomes
of investigations. If a written report of harassment, intimidation
or bullying indicates a potential violation of the district’s
nondiscrimination policy [Policy 3210], the compliance officer must
promptly notify the district’s civil rights compliance coordinator;
- Be familiar with the use of the student
information system. The compliance officer may use this information to
identify patterns of behavior and areas of concern;
- Ensure implementation of the policy and procedure
by overseeing the investigative processes, including ensuring that
investigations are prompt, impartial, and thorough;
- Assess the training needs of staff and students
to ensure successful implementation throughout the district, and ensure
staff receive annual fall training;
- Provide the OSPI School Safety Center with
notification of policy or procedure updates or changes on an annual
basis; and
- In cases where, despite school efforts, a
targeted student experiences harassment, intimidation or bullying that
threatens the student’s health and safety, the compliance officer will
facilitate a meeting between district staff and the child’s
parents/guardians to develop a safety plan to protect the student. A
sample student safety plan is available on the OSPI website: www.k12.wa.us/SafetyCenter/default.aspx.
- Staff
Intervention
All staff members will intervene when witnessing or receiving reports of
harassment, intimidation or bullying. Minor incidents that staff are able
to resolve immediately, or incidents that do not meet the definition of
harassment, intimidation or bullying, may require no further action under
this procedure.
- Filing an
Incident Reporting Form
Any student who believes he or she has been the target of unresolved,
severe, or persistent harassment, intimidation or bullying, or any other
person in the school community who observes or receives notice that a
student has or may have been the target of unresolved, severe, or
persistent harassment, intimidation or bullying may report incidents verbally
or in writing to any staff member. Addressing
Bullying – Reports
Step 1: Filing an Incident Reporting Form
In order to protect a targeted student from retaliation, a student need not
reveal his identity on an Incident Reporting Form. The form may be filed
anonymously, confidentially, or the student may choose to disclose his or her
identity (non-confidential).
Status of Reporter
1.
Anonymous
Individuals may file a report without revealing their identity. No disciplinary
action will be taken against an alleged aggressor based solely on an anonymous
report. Schools may identify complaint boxes or develop other methods for
receiving anonymous, unsigned reports. Possible responses to an anonymous
report include enhanced monitoring of specific locations at certain times of
day or increased monitoring of specific students or staff. (Example: An
unsigned Incident Reporting Form dropped on a teacher’s desk led to the
increased monitoring of the boys’ locker room in 5th period.
2.
Confidential
Individuals may ask that their identities be kept secret from the accused and
other students. Like anonymous reports, no disciplinary action will be taken
against an alleged aggressor based solely on a confidential report. (Example: A
student tells a playground supervisor about a classmate being bullied but asks
that nobody know who reported the incident. The supervisor says, “I won’t be
able to punish the bullies unless you or someone else who saw it is willing to
let me use their names, but I can start hanging out near the basketball court,
if that would help.”)
3.
Non-confidential
Individuals may agree to file a report non-confidentially. Complainants
agreeing to make their complaint non-confidential will be informed that due
process requirements may require that the district release all of the
information that it has regarding the complaint to any individuals involved in
the incident, but that even then, information will still be restricted to those
with a need to know, both during and after the investigation. The district will,
however, fully implement the anti-retaliation provision of this policy and
procedure to protect complainants and witnesses.
Step 2: Receiving an Incident Reporting Form
All staff are responsible for receiving oral and written reports. Whenever possible
staff who initially receive an oral or written report of harassment,
intimidation or bullying will attempt to resolve the incident immediately. If
the incident is resolved to the satisfaction of the parties involved, or if the
incident does not meet the definition of harassment, intimidation or bullying,
no further action may be necessary under this procedure.
All reports of unresolved, severe, or persistent harassment, intimidation or
bullying will be recorded on a district Incident Reporting Form and submitted
to the principal or designee, unless the principal or designee is the subject
of the complaint.
Step 3: Investigations of Unresolved, Severe, or
Persistent Harassment, Intimidation and Bullying
All reports of unresolved, severe, or persistent harassment, intimidation or
bullying will be investigated with reasonable promptness. Any student may have
a trusted adult with them throughout the report and investigation process.
1.
Upon receipt of
the Incident Reporting Form that alleges unresolved, severe, or persistent
harassment, intimidation or bullying, the school or district designee will
begin the investigation. If there is potential for clear and immediate physical
harm to the complainant, the district will immediately contact law enforcement and
inform the parent/guardian.
2.
During the course
of the investigation, the district will take reasonable measures to ensure that
no further incidents of harassment, intimidation or bullying occur between the
complainant and the alleged aggressor. If necessary, the district will
implement a safety plan for the student(s) involved. The plan may include
changing seating arrangements for the complainant and/or the alleged aggressor
in the classroom, at lunch, or on the bus; identifying a staff member who will act
as a safe person for the complainant; altering the alleged aggressor’s schedule
and access to the complainant, and other measures.
If, during the course of an investigation, the district employee conducting the
investigation becomes aware of a potential violation of the district’s
nondiscrimination policy [Policy 3210], the investigator will promptly notify
the district’s civil rights compliance officer. Upon receipt of this
information, the civil rights compliance officer must notify the complainant that
their complaint will proceed under the discrimination complaint procedure in
WAC 392-190-066 through WAC 392-190-075 as well as the HIB complaint procedure.
The notice must be provided in a language that the complainant can
understand. The investigation and response timeline for the discrimination
complaint procedure will follow that set forth in WAC 392-190-065 and begins
when the district knows or should have known that a written report of
harassment, intimidation or bullying involves allegations of a violation of the
district’s nondiscrimination policy.
3.
Within two (2)
school days after receiving the Incident Reporting Form, the school designee
will notify the families of the students involved that a complaint was received
and direct the families to the district’s policy and procedure on harassment,
intimidation and bullying.
4.
In rare cases,
where after consultation with the student and appropriate staff (such as a
psychologist, counselor, or social worker) the district has evidence that it
would threaten the health and safety of the complainant or the alleged
aggressor to involve his or her parent/guardian, the district may initially
refrain from contacting the parent/guardian in its investigation of harassment,
intimidation and bullying. If professional school personnel suspect that a
student is subject to abuse and neglect, they must follow district policy for
reporting suspected cases to Child Protective Services.
5.
The investigation
will include, at a minimum:
a.
An interview with the
complainant;
b.
An interview with
the alleged aggressor;
c.
A review of any
previous complaints involving either the complainant or the alleged aggressor;
and
d.
Interviews with
other students or staff members who may have knowledge of the alleged incident.
6.
The principal or designee may determine that other
steps must be taken before the investigation is complete.
7.
The investigation
will be completed as soon as practicable but generally no later than five (5) school
days from the initial complaint or report. If more time is needed to complete
an investigation, the district will provide the parent/guardian and/or the
student with weekly updates.
8.
No later than two
(2) school days after the investigation has been completed and submitted to the
compliance officer, the principal or designee will respond in writing or in
person to the parent/guardian of the complainant and the alleged aggressor
stating:
a.
The results of the
investigation;
b.
Whether the
allegations were found to be factual;
c.
Whether there was
a violation of policy; and
d.
The process for
the complainant to file an appeal if the complainant disagrees with the
results.
Because of the
legal requirement regarding the confidentiality of student records, the
principal or designee may not be able to report specific information to the
targeted student’s parent/guardian about any disciplinary action taken unless
it involves a directive that the targeted student must be aware of in order to
report violations.
If a district chooses to contact the parent/guardian by letter, the letter will
be mailed to the parent/guardian of the complainant and alleged aggressor by
United States Postal Service with return receipt requested unless it is
determined, after consultation with the student and appropriate staff
(psychologist, counselor, social worker) that it could endanger the complainant
or the alleged aggressor to involve his or her family. If professional school
personnel suspect that a student is subject to abuse or neglect, as mandatory
reporters they must follow district policy for reporting suspected cases to
Child Protective Services.
If the incident cannot be resolved at the school level, the principal or
designee will request assistance from the district.
Step 4: Corrective Measures for the Aggressor
After completion of the investigation, the school or district designee will
institute any corrective measures necessary. Corrective measures will be
instituted as quickly as possible, but in no event more than five (5) school
days after contact has been made to the families or guardians regarding the
outcome of the investigation. Corrective measures that involve student
discipline will be implemented according to district
policy 3241, Classroom Management, Discipline and Corrective Action. If the
accused aggressor is appealing the imposition of discipline, the district may
be prevented by due process considerations or a lawful order from imposing the
discipline until the appeal process is concluded.
If in an investigation a principal or principal’s designee found that a student
knowingly made a false allegation of harassment, intimidation or bullying, that
student may be subject to corrective measures, including discipline.
Step 5: Targeted Student’s Right to Appeal
1.
If the complainant
or parent/guardian is dissatisfied with the results of the investigation, they
may appeal to the superintendent or his or her designee by filing a written
notice of appeal within five (5) school days of receiving the written decision.
The superintendent or his or her designee will review the investigative report
and issue a written decision on the merits of the appeal within five (5) school
days of receiving the notice of appeal.
2.
If the targeted
student remains dissatisfied after the initial appeal to the superintendent,
the student may appeal to the school board by filing a written notice of appeal
with the secretary of the school board on or before the fifth (5) school day
following the date upon which the complainant received the superintendent’s
written decision.
3.
An appeal before
the school board or disciplinary appeal council must be heard on or before the
tenth (10th) school day following the filing of the written notice of appeal to
the school board. The school board or disciplinary appeal council will review
the record and render a written decision on the merits of the appeal on or
before the fifth (5th) school day following the termination of the hearing, and
will provide a copy to all parties involved. The board or council’s decision
will be the final district decision.
Step 6: Discipline/Corrective Action
The district will take prompt and equitable corrective measures within its
authority on findings of harassment, intimidation or bullying. Depending on the
severity of the conduct, corrective measures may include counseling, education,
discipline, and/or referral to law enforcement.
Corrective measures for a student who commits an act of harassment,
intimidation or bullying will be varied and graded according to the nature of
the behavior, the developmental age of the student, or the student’s history of
problem behaviors and performance. Corrective measures that involve student
discipline will be implemented according to district policy 3241, Classroom Management, Corrective
Actions or Punishment.
If the conduct was of a public nature or involved groups of students or
bystanders, the district should strongly consider schoolwide training or other
activities to address the incident.
If staff have been found to be in violation of this policy and procedure, school
districts may impose employment disciplinary action, up to and including
termination. If a certificated educator is found to have committed a violation
of WAC 181-87, commonly called the Code of
Conduct for Professional Educators, OSPI’s Office of Professional Practices may
propose disciplinary action on a certificate, up to and including revocation.
Contractor violations of this policy may include the loss of contracts.
Step 7: Support for the Targeted Student
Persons found to have been subjected to harassment, intimidation or bullying
will have appropriate district support services made available to them, and the
adverse impact of the harassment on the student will be addressed and remedied
as appropriate.
- Immunity/Retaliation
No school employee, student, or volunteer may engage in reprisal or
retaliation against a targeted student, witness, or other person who
brings forward information about an alleged act of harassment,
intimidation or bullying. Retaliation is prohibited and will result in
appropriate discipline.
- Other Resources
Students and families should use the district’s complaint and appeal
procedures as a first response to allegations of harassment, intimidation
and bullying. However, nothing in this procedure prevents a student,
parent/guardian, school, or district from taking action to remediate
discrimination or harassment based on a person’s membership in a legally
protected class under local, state or federal law. A harassment,
intimidation or bullying complaint may also be reported to the following
state or federal agencies:
·
OSPI Equity and
Civil Rights Office
360.725.6162
Email: equity@k12.wa.us
www.k12.wa.us/Equity/default.aspx
·
Washington State
Human Rights Commission
800.233.3247
www.hum.wa.gov/index.html
·
Office for Civil
Rights, U.S. Department of Education, Region IX
206.607.1600
Email: OCR.Seattle@ed.gov
www.ed.gov/about/offices/list/ocr/index.html
·
Department of
Justice Community Relations Service
877.292.3804
www.justice.gov/crt/
·
Office of the
Education Ombuds
866.297-2597
Email: OEOinfo@gov.wa.gov
http://oeo.wa.gov/
·
OSPI Safety Center
360.725-6044
www.k12.wa.us/SafetyCenter/BullyingHarassment/default.aspx
- Other District
Policies and Procedures
Nothing in this policy or procedure is intended to prohibit discipline or
remedial action for inappropriate behaviors that do not rise to the level
of harassment, intimidation or bullying as defined in this policy but
which are, or may be, prohibited by other district or school rules.