Student Handbook

PROHIBITION OF HARASSMENT, INTIMIDATION, AND BULLYING

Find forms and information on our HIB webpage

The board is committed to a safe and civil educational environment for all students, employees, parents/legal guardians, volunteers, and community members that is free from harassment, intimidation, or bullying. "  As defined in legislation, “Harassment, intimidation or bullying” means any intentional electronic, written, verbal or physical act including but not limited to, one shown to be motivated by any characteristic in RCW28A.640.010 and 28A 642.010, or other distinguishing characteristics, when the act:

A.    Physically harms a student or damages the student’s property;

B.     Has the effect of substantially interfering with a student’s education;

C.    Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or

D.    Has the effect of substantially disrupting the orderly operation of the school.

Nothing in this section requires the affected student to actually possess a characteristic that is a basis for harassment, intimidation or bullying.

“Other distinguishing characteristics” can include but are not limited to physical appearance, clothing or other apparel, socioeconomic status and weight.

“Intentional acts” refers to individual’s choice to engage in the act rather than the ultimate impact of the action(s).

Behaviors/Expressions

This policy recognizes that ‘harassment’, ‘intimidation,’ and bullying’ are separate but related behaviors.  Each must be addressed appropriately. The accompanying procedure differentiates the three behaviors; however, this differentiation should not be considered part of the legal definition of these behaviors.

Harassment, intimidation, or bullying can take many forms including, but not limited to, slurs, rumors, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, gestures, physical attacks, threats or other written, oral, physical or electronically transmitted messages or images.

This policy is not intended to prohibit expression of religious, philosophical, or political views, provided that the expression does not substantially disrupt the educational environment.  Many behaviors that do not rise to the level of harassment, intimidation, or bullying may still be prohibited by other district policies or building, classroom or program rules.

Training

This policy is a component of the district’s responsibility to create and maintain a safe, civil, respectful and inclusive learning community and will be implemented in conjunction with comprehensive training of staff and volunteers.  Specific training requirements are included in the accompanying procedures.

Prevention

The district will provide students with strategies aimed at preventing harassment, intimidation, and bullying. In its efforts to educate students, the district will seek partnerships with families, law enforcement, and other community agencies.

Interventions

Interventions will be designed to address the impact of harassment, intimidation, and bullying on the targeted student(s) and others impacted by the violation, to change the behavior of the aggressor, and to restore a positive school climate.

The district will consider the frequency of incidents, developmental age of the student, and severity of the conduct in determining intervention strategies.  Interventions will range from counseling, correcting behavior and discipline to law enforcement referrals.

Students with Individual Education Plans or Section 504 Plans

If allegations are proven that a student with an Individual Education Plan (IEP) or Section 504 Plan has been the aggressor or target of harassment, intimidation or bullying, the school will convene the student’s IEP or Section 504 team to determine whether the incident had an impact on the student’s ability to receive a free, appropriate public education (FAPE).  The meeting should occur regardless of whether the harassment, intimidation, or bullying incident was based on the student’s disability. During the meeting, the team will evaluate issues such as the student’s academic performance, behavioral issues, attendance, and participation in extracurricular activities.  If a determination is made that the student is not receiving FAPE as a result of the harassment, intimidation, or bullying incident, the district will provide additional services and supports as deemed necessary, such as counseling, monitoring and/or reevaluation or revision of the student’s IEP or Section 504 plan, to ensure the student receives a FAPE.

Retaliation/False Allegations

Retaliation is prohibited against those who report or participate in an investigation of harassment, intimidation and bullying and will result in appropriate discipline. It is a violation of this policy to threaten or harm someone for reporting harassment, intimidation, or bullying, or participating in an investigation.

Knowingly reporting false allegations of harassment, intimidation and bullying is prohibited. Students or employees will not be disciplined for making a report in good faith. However, persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.

Compliance Officer

The superintendent will appoint a compliance officer as the primary district contact to receive copies of all harassment, intimidation, and bullying incident report forms and to ensure policy implementation. The name and contact information for the compliance officer will be communicated throughout the district.  The district compliance officer will participate in at least one mandatory training opportunity offered by OSPI.

The superintendent is authorized to direct the implementation of procedures addressing the elements of this policy.

 

Cross References:                     

• Policy 2161           Special Education and Related Services For Eligible Students
• Policy 3200             Rights and Responsibilities
• Procedure 3206P  Sexual Harassment of Students Prohibited Procedures
• Procedure 3207P        Prohibition of Harassment, Intimidation, and Bullying Procedures
• Policy 3210      Nondiscrimination
• Policy 3211         Transgender Student                                        
• Policy 3241         Student Discipline        

Legal Reference:

• RCW 28A.300.285                      Harassment, Intimidation, and Bullying Prevention Policies-Model policy and procedure-Training Materials-Posting on web site- Rules-Advisory Committee       
• WAC 392-190-059                        Harassment, intimidation and bullying                                     prevention policy and procedure – School districts.

Management Resources:           

• Office for Civil Rights, Dear Colleague Letter:  Responding to Bullying of Students with Disability (OCR 10/21/2014)
• 2019 August Policy Alert
• 2019 July Policy Issue
• 2014 December Issue
• 2010 December Issue
• 2008 April Issue
• 2002 April Issue

 

Adoption Date: 05.20.03

Stanwood-Camano School District

Revised: 03.07.06; 09.02.08; 04.17.11; 07.05.11; 02.18.14; 05.05.15;12/03/19

 

 

 

A. Introduction

The Stanwood Camano School District 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.  Students(s) will not be harassed because of their race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression, gender 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, intimidation, or bullying, and to prevent its reoccurrence.

B.  Definitions

Aggressor means a student 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:

1.     Physically harms a student or damages the student’s property;

2.     Has the effect of substantially interfering with a student’s education;

3.     Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or

4.     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, or bullying may take many forms, including, but not limited to: slurs, rumors, jokes innuendos, 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.

Retaliation occurs when an individual is intimidated, threatened, coerced, or discriminated against for reporting harassment, intimidation, or bullying, or participating in an investigation.

Targeted Student means a student against whom harassment, intimidation, or bullying has allegedly been perpetrated.

C.  Behaviors / Expressions

“Harassment,’ ‘intimidation,’ and’ bullying’ are separate but related behaviors.  Each must be addressed appropriately. Although this procedure differentiates the three behaviors. Harassment refers to any malicious act, which causes harm to any person’s physical well-being. It can be discriminatory harassment, malicious harassment, or sexual harassment. Intimidation refers to implied or overt threats of physical violence. Bullying refers to unwanted aggressive behavior(s) by another youth or group of youths that involves an observed or perceived power imbalance and is repeated multiple times or is highly likely to be repeated. Bullying can also occur through technology and is called electronic bullying or cyberstalking.

D. Relationships 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:

1.     RCW28A.300.285- Harassment, Intimidation and Bullying

2.     RCW 28A .640.020- Sexual Equality

3.     RCW28A.642- Prohibition of Discrimination in Public Schools

4.     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 membership in a legally protected class under local, state or federal law.

E.  Prevention

1.  Dissemination

In each school and on the district’s website the district will prominently post information on reporting harassment, intimidation or bullying; the name and contact information for making a report to the 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 chapter 392-405 WAC

2.  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.

3.  Training

The district compliance officer will participate in at least one mandatory training opportunity offered by OSPI.  Staff will receive annual training on the school district’s policy and procedure, including at a minimum, staff roles and responsibilities, how to monitor common areas and the use of the district’s Incident Reporting Form. 

4.  Prevention Strategies

The district will implement a range of strategies including individual, classroom, school, and district-level approaches, to prevent harassment, intimidation and bullying.

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.

F.  Compliance Officer

The district compliance officer will:

1.     Serve as the district’s primary contact for harassment, intimidation, or bullying.  If the allegations in a written report of harassment, intimidation, or bullying indicates a potential violation of Policy 3207, the district staff member who receives the report must promptly notify the district compliance officer.

2.     Provide support and assistance to the principal or designee in resolving complaints;

3.     Receive copies of all Incident Reporting Forms, Discipline Referral Forms, and letters to parents providing the outcomes of investigations.

4.     Communicate with the school district’s designated civil rights compliance coordinator.  If a written report of harassment, intimidation, or bullying indicates a potential violation of the district’s nondiscrimination policy (Policy 3210), or if during an investigation, the district becomes aware of a potential violation of the district’s nondiscrimination policy, the compliance officer must promptly notify the district’s civil rights compliance coordinator.  At that time, the compliance officers must promptly notify the complainant that their complaint will proceed under both this policy / procedure and the nondiscrimination policy / procedure.  The investigation and response timeline for the nondiscrimination procedure begin when the school district knows or should have known that a written report or investigation of Harassment, Intimidation, or Bullying involves a potential violation of the district’s nondiscrimination policy;

5.     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;

6.     Ensure implementation of the policy and procedure by overseeing the investigative processes, including ensuring that investigations are prompt, impartial, and thorough;

7.     Assess the training needs of staff and students to ensure successful implementation throughout the district, and ensure staff receive annual fall training;

8.     Provide the OSPI School Safety Center with notification of policy or procedure updates or changes on an annual basis; and

9.     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.

G.  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, other than tracking, to ensure they are not repeated. 

H.  Filing an Incident Reporting Form

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 Instructions (OSPI) School Safety Center website:

www.k12.wa.us/SafetyCenter/BullyingHarassment/default.aspx

Any student who believes they have 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 bulling may report incidents verbally or in writing to any staff member.

I. Addressing Harassment, Intimidation, or Bullying Reports

Step 1:  Filing an Incident Report Form

In order to protect a targeted student from retaliation, a student need not reveal his or her identity on an Incident Report form.  The form may be filed anonymously, confidentially, or the student may choose to disclose his or her identity (non-confidential).

Status of Reporter

a.     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 use 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 5^th period.)

b.     Confidential

Individuals may file a report asking 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.”)

c.    Non-Confidential

Individuals may 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 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 Report Form

All staff members are responsible for receiving oral and written reports.  Whenever possible staff members who initially receive an oral or written report of harassment, intimidation or bullying shall 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 and bullying will be recorded on a District Incident Report 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 reporting and investigative process.

a.     Upon receipt of the Incident Report Form that alleges unresolved, severe, or persistent harassment, intimidation or bullying, the school or district designee will begin an 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.

b.     During 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 (https://www.k12.wa.us/student-success/health-safety/school-safety-center/safety-planning -toolkit) 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 districts 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 392-190-065 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 districts nondiscrimination policy.

c.      Within two (2) school days after receiving the Incident Report 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.

d.     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 have reasonable cause to believe that a student is subject to child abuse or neglect, they must follow district policy for reporting such cases to Child Protective Services or the police.

e.      The investigation shall include, at a minimum:

·       An interview with the complainant;

·       An interview with the alleged aggressor;

·       A review of any previous complaints involving either the complainant or the alleged aggressor; and

·       Interviews with other students or staff members who may have knowledge of the alleged incident.

f.      The principal or designee may determine that other steps must be taken before the investigation is complete.

g.     The investigation will be completed as soon as practical but generally no later than five (5) school days from the initial complaint.  If more time is needed to complete an investigation, the district will provide the parent/guardian and/or the student with weekly updates.

h.     No later than two (2) school days after the investigation has been completed and submitted to the compliance officer, the principal or designee shall respond in writing or in person to the parent/guardian of the complainant and the alleged aggressor stating:

·       The results of the investigation;

·       Whether the allegations were found to be factual;

·       Whether there was a violation of policy; and

·       The process for the complainant to file an appeal if the complainant disagrees with results.

Because of the laws 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 complainant 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 have reasonable cause to believe that a student is subject to child abuse or neglect, as mandatory reporters they must follow district policy for reporting such cases to Child Protective Services or the police.

If the incident cannot be resolved at the school level, the principal or designee shall request assistance from the district compliance officer.

Step 4:  Corrective Measures for the Aggressor

a.     After completion of the investigation, the school or district designee will institute any corrective measures necessary. 

b.     Corrective measures will be instituted as soon as possible, but in no event more than five (5) school days after contact has been made with the families or guardians regarding the outcome of the investigation. 

c.      Corrective measures that involve student discipline will be implemented according to district Policy 3241 – Student Discipline.  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.

d.     If in an investigation a principal or principal’s designee finds 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

a.     If the complainant or his or her 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 with the superintendent 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.

b.     If the targeted student remains dissatisfied after the initial appeal to the superintendent, the student or his or her parent/guardian may appeal by filing a written notice of appeal with the secretary of the school board within five (5) school days of receiving the superintendent’s written decision.

c.      An appeal before the school board or disciplinary appeal council must be heard within ten (10) school days of receipt of the written notice of appeal.  The school board or disciplinary appeal council will review the record and render a written decision on the merits of the appeal within five (5) school days following the termination of the hearing and shall provide a copy of the decision to all parties involved.  The board 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 the 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, Student Discipline.

If the conduct was of a public nature or involved groups of students or bystanders, the school should strongly consider school wide training or other activities to address the incident.

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 shall be addressed and remedied as appropriate. 

J.    Immunity/Retaliation

A student who promptly reports an incident of harassment, intimidation, or bullying to an appropriate school official, and who makes this report in compliance with the district's policy and procedure relating to harassment, intimidation and bullying is immune from a cause of action for damages arising from any failure to remedy the reported incident.

No student may engage in reprisal or retaliation against a 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.

K.    Other Resources

Students and families should use the district’s complaint and appeal procedures as a first response to allegations of harassment, intimidation or bullying. 

Nothing in this procedure prevents a student, parent/guardian, school, or district from taking action to remediate discrimination or harassment based on a student'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:

https://www.k12.wa.us/policy-funding/equity

·       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 Ombudsman

      866.297-2597

      Email:  oeoinfo@gov.wa.gov

www.governor.wa.gov/oeo/default.asp

http;//oeo.wa.gov/

·       OSPI Safety Center

      360.725.6044

      https://www.k12.wa.us/SafetyCenter/BullyingHarassment/default.aspx

L.   Other District Policies and Procedures 

Nothing in this 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 herein, but which are or may be prohibited by other district or school rules.

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Cross Reference:           

• Board Policy 3207          Prohibition of Harassment, Intimidation, and Bullying 

 

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First enacted: 07.05.11

Stanwood-Camano School District      

Revised: 03.07.06; 09.02.08; 09.03.14; 05.05.15; 01.02.20; 08.22.25

Harassment, Intimidation or Bullying (HIB) reporting form for students

Sex Discrimination and Sex-Based Harassment of Students Prohibited - Grievance

The district is committed to providing an educational environment that is free from sex discrimination, sex-based harassment, and retaliation for engaging in any protected activity as required by Federal and State laws for all students.

The district has jurisdiction over these complaints pursuant to the Federal law Title IX of the Education Amendments of 1972 (Title IX) and Washington State laws, including Chapter 28A.640 RCW and Chapter 392-190 WAC.

This procedure sets forth the district’s process for receiving, investigating, and resolving reports or complaints of sex discrimination. It is designed to provide for a prompt, thorough, and equitable investigation of complaints and to take appropriate steps to resolve such situations. If sex discrimination is found to have occurred, the district must also take immediate action to eliminate the discrimination, prevent its reoccurrence, and address its effects.

Under Washington State law, anyone may file a complaint with the district alleging any action that Federal, State, or local sex-based nondiscrimination laws and regulations would prohibit. However, the grievance procedure below was developed to meet the district’s obligations under Title IX and is aligned with Washington State laws and regulations that define sex discrimination, including those that prohibit sex-based harassment. As discussed in Section III.B, the district will assess complaints under this procedure and may refer them to other district policies and procedures.

For questions about this procedure, contact the district’s Title IX Coordinator, Christine Del Pozo, who can be reached at:

Stanwood-Camano School District

26920 Pioneer Highway

Stanwood, Washington 98292

(360) 629-1200

cdelpozo@stanwood.wednet.edu

I. General Definitions

“Complainant,” as defined by Federal law, Title IX, means a student, employee, or other person who was participating or attempting to participate in a District education program or activity who is alleged to have been subjected to sex discrimination.

In some instances, the person who files a complaint may not be the student, employee, or other person who was alleged to have been subjected to sex discrimination. In those cases, the person who filed the complaint is referred to as the “Complaint Requestor,” and the student, employee, or person subjected to the alleged sex discrimination is referred to as “the Complainant” in documents related to the complaint.

“Complaint” means an oral or written request to the district that can be objectively understood as a request the district investigate and determine whether alleged sex discrimination occurred.

“Party” or “Parties” means a Complainant(s) or Respondent(s).

“Prohibited Conduct” means legally prohibited sex discrimination and harassment. Specific prohibited conduct is defined in Section VI below.

“Remedies” means appropriate measures provided after the district determines that sex discrimination occurred to restore or preserve a Complainant or any other person’s equal access to the recipient’s education program or activity.

“Respondent” means a person who is alleged to have violated the district’s prohibition of sex discrimination and can be a student, employee, or other third party. (If the complaint is not against an individual or group of individuals but is based solely on a policy or practice of the district, it will be considered a complaint of sex discrimination against the district. Parts of this procedure that apply to a “Respondent” will not apply, but all other parts of the procedure will be applied.)

“Student with a disability” means a student who is an individual with a disability as defined in Section 504 of the Rehabilitation Act of 1973 (Section 504) or a child with a disability as defined in the Individuals with Disabilities Education Act (IDEA).

“Written notice” means written or electronic notice in a language the party can understand, which may require language assistance for parties with limited English proficiency in accordance with Title VI of the Civil Rights Act. The term parties include the parent(s)/guardian(s) of any minor student. 

II. Responding to Notice or Sexual Harassment

Upon receipt of notice, reports, or knowledge about alleged sex discrimination, including sex-based harassment, the district will take steps, as necessary, to address information that is reported to it by others to the extent that it is feasible to do so while maintaining the confidentiality of the affected student or employee.

The district is on notice and required to take action when any employee knows, or in the exercise of reasonable care should know, about possible sexual  harassment. This includes verbal or written reports made to any employee, including anonymous complaints.

Upon notice of possible sexual harassment, staff will always notify the Title IX Coordinator. Additionally, employees will also inform an appropriate supervisor or professional staff member when they receive complaints of sex-based harassment, especially when the complaint is beyond their training to resolve or alleges serious misconduct.

The district will make every effort to protect Parties’ privacy. However, in the event of an alleged sexual assault of a student or employee over the age of 18, the school principal will immediately inform law enforcement consistent with mandatory reporting requirements at RCW 26.44.

In the event of an alleged sexual assault, the school principal will also immediately notify the student, parent or guardian, or employee of their right to file a criminal complaint with law enforcement and a sex-based harassment complaint with the district. With the consent of the student or employee or when there is a legal requirement to do so, the Principal may also help them contact law enforcement.

III. Supportive Measures, Notice of Applicable Policy/Procedure and Other Considerations

Once the Title IX Coordinator has been notified of possible sex discrimination, the Title IX Coordinator or a designee will promptly contact the affected student or employee to:

• discuss the availability of supportive measures and consider their wishes with respect to supportive measures;
• explain the district’s procedure and resolution options, including the informal resolution process if appropriate; and
• provide a copy of the applicable District policy and procedure, including the district’s grievance procedure.  

A.     Supportive Measures

Upon notice of allegations of sex discrimination, a trained district administrator will offer and coordinate supportive measures as appropriate for the Complainant and Respondent.

At the time that supportive measures are offered, if a complaint has not been filed, the district will provide written notice that the Complainant may file a complaint with the district at any time. The trained administrator will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures.

If a Complainant does not want to file a complaint or engage in informal resolution options, a reported concern may be resolved by offering and, upon request, providing supportive measures (only). The trained administrator will document any supportive measures provided, and provide that information to the Title IX Coordinator.

1.       Providing Supportive Measures

Supportive measures are designed to protect the safety of the parties or the district’s educational environment. They also provide support during the informal resolution process and grievance process. They are designed to restore or preserve access to the district’s education program or activity. They are offered without fee or charge to the Parties, and must not unreasonably burden either party.

Supportive measures cannot be imposed against a Respondent for punitive or disciplinary reasons.

Supportive measures are available to both parties and may vary depending on what is reasonably available, but may include:

• A request that an administrator address allegations by meeting with the Respondent(s) (with or without the Complainant) to discuss concerning behavior, school policies, and expectations. Such a conversation must be non-disciplinary, non-punitive, and Respondent(s) cannot be required to attend such meetings, nor are they required to provide any information if they attend. If its takes place, the conversation will be documented.
• An opportunity for a Complainant student or employee, upon request and voluntarily, to meet with an administrator and an alleged harasser to explain to the alleged harasser that their conduct is unwelcome, offensive, or inappropriate, either in writing or face-to-face;
• A written statement from a Complainant student or employee to an alleged harasser that the alleged conduct is not appropriate and could lead to discipline if proven or repeated;
• A general public statement from an administrator in a building reviewing the district’s sex-based harassment policy without identifying the Complainant;
• Developing a safety plan; adjustments;
• Mutual restrictions on contact between the parties;
• Increased security and monitoring of certain areas of the campus or school building;
• Providing employee and/or student training;
• Remote or alternative learning environments for students or leaves of absence for employees;
• Counseling or a referral to the Employee Assistance Program;
• Changes in class or extracurricular or any other activity;
• Modifications of work or class schedules; including extensions of deadlines and other course-related ether there is or is not a comparable alternative; and
• Training and education programs related to sex discrimination or harassment.

If either party is a student with a disability, the Title IX Coordinator may consult, as appropriate, with an individual or office designated to provide support to students with disabilities about how to comply with Section 504 or the IDEA in the implementation of supportive measures.

For allegations other than sex-based harassment or retaliation, the district is not required to alter the alleged discriminatory conduct for the purpose of providing a supportive measure. 

2.       Privacy and Supportive Measures

To ensure the parties’ privacy, the district must not disclose supportive measures to anyone other than the people to whom they apply about the supportive measures, including the other party. 

Except, the district may disclose some information to carry out the purposes of supportive measures, including to address conduct that reasonably may constitute sex discrimination. For example, the district may need to tell specific staff, the other party, or a third party of a supportive measure to implement or document it. But the district may not need to disclose why the supportive measure is being provided.

The following are other exceptions that may apply:

1. A person with the legal right to consent to the disclosure provides written consent.
2. The information is disclosed to a parent, guardian, or other authorized legal representative of the person at issue.
3. As required by laws, regulations, or to comply with State or Federal grant awards or other funding agreement.
4. When required by Federal, State or local law, including FERPA, and those laws do not conflict with Title IX. 

Application of State laws may prohibit disclosure even where permissible under those exceptions. As stated in Policy 3230 – Student Privacy and Searches, Washington State law provides that at certain ages, students attain the right to decide for themselves what records will remain confidential, even from their parents, and what activities the student will participate in.

Additionally, as stated in Policy 3211 – Gender Inclusive Schools, information about a student’s gender identity, legal name, or assigned sex at birth may constitute confidential medical or educational information. Disclosing this information to others may violate privacy laws. To ensure the safety and well-being of the student, school employees should not disclose a student’s transgender or gender-expansive status to others, including other school personnel, other students, or the parents of other students, unless the school is (1) legally required to do so or (2) the student has authorized such disclosure.

3.       District Modification or Termination of Supportive Measures

As appropriate, the district may modify or terminate supportive measures at the conclusion of an informal resolution or investigation process, or the district may continue them beyond that point.

4.       Opportunity for Modification or Reversal of Supportive Measures

The district must also provide a party with the opportunity to seek additional modification or termination of a supportive measure applicable to them if circumstances change materially.

If either party wants to modify or reverse the district’s decision to provide, deny, modify, or terminate supportive measures applicable to them, they may request an opportunity for modification or reversal from an impartial employee(s) other than the employee who made the challenged supportive measure decision who has the authority to modify or reverse the decision. This person is known as the Supportive Measure Review Administrator.

B.       Title IX Coordinator Determinations and Explanation of Applicable Policies

1.       Who Can File Under this Procedure

For complaints of sex-based harassment, these people also have the right to file complaints under this procedure:

·     a person who meets the definition of “Complainant” above,

·     a parent, guardian, or other authorized legal representative of the Complainant,

·     or the Title IX Coordinator

For other forms of sex discrimination that are not sex-based harassment, the following people have the right to make a complaint under this procedure:

• a person who meets the definition of “Complainant” above,
• a parent, guardian, or other authorized legal representative of the Complainant,
• the Title IX Coordinator,
• any student or employee, or
• any other person participating or attempting to participate in a district education program or activity at the time of the alleged sex discrimination. 

If an individual wishes to file a sex-based discrimination complaint, but does not fit this definition, they should use the process for students at Procedure 3210P Nondiscrimination or the process for employees or applicants at 5010P Nondiscrimination and Affirmative Action.

If a person filed a complaint of sex-based harassment but does not have the right to make that type of complaint, the Title IX Coordinator or designee will inform the person, in writing, that the district cannot proceed with an investigation. The notice will also state that the district will treat the complaint as a report of sex-based harassment and take steps, as necessary, to address the information to the extent that it is feasible to do so while maintaining the confidentiality of the affected student or district employee.

2.       Determining What Procedure Applies

The Title IX Coordinator or a designee will determine what procedure applies. If the sex discrimination alleged occurred prior to August 1, 2024, and is not ongoing, the Title IX Coordinator will inform the affected student or district employee of the policies and procedures in effect at the time of the alleged discriminatory act or conduct and proceed accordingly under those.

If the alleged sex-based discriminatory act or conduct occurred on or after August 1, 2024, this procedure will apply.

When ongoing sex-based harassment is alleged, the district will consider the totality of circumstances and, therefore, will look at all incidents of alleged harassment and apply the policy that was in place on the date of the latest incident of harassment.

If more than one discriminatory event is alleged or other types of discrimination are alleged, the district will consider each alleged discriminatory act and may apply different policies to each event or may apply a single policy provided it is the policy that provides the highest level of due process.

C.      Other Considerations

1.       Students with Disabilities

If either party is a student with a disability, the Title IX Coordinator or a designee will consult with one or more members, as appropriate, of the student’s Section 504 or Individualized Education Program (I.E.P.) team to determine how to comply with Section 504 and IDEA requirements throughout the implementation of this grievance procedures.

2.       Discipline Prohibit Until Determination

A Respondent who is accused of sex discrimination under Title IX is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. The district may not impose any disciplinary sanctions or other actions that are not supportive measures against the Respondent until the district has determined that the Respondent was responsible for the sex discrimination at the conclusion of the grievance process.  

3.        Emergency Removals for Alleged Sex-Based Harassment under Title IX

The district may remove a student Respondent from school on an emergency basis consistent with Policy and Procedure 3241 – Student Discipline and the associated student discipline regulations for emergency expulsion provided that the district:

(1) undertakes an individualized safety and risk analysis,

(2) determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of sex discrimination justifies removal, and

(3) provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.

Such removal does not modify any rights of students under the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, or the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.

The district may also place an employee Respondent on administrative leave from employment responsibilities during the grievance process. Such leave does not modify any rights under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, or the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.

IV. Informal Resolution

If a report or notice provided to the district alleges sex discrimination by an individual or group of individuals, the parties may elect to participate in an informal resolution process with a district designee trained on impartiality and the district’s informal resolution processes.

The purpose of informal resolution is to provide the parties with an opportunity to resolve the allegations and reach a mutually acceptable resolution without an investigation and determination of responsibility under Section V.G below.

It is not necessary to pursue informal resolution before filing a complaint and requesting an investigation under Section V below.

Either party may request informal resolution at any time, including after a complaint has been filed but before a complaint determination is issued under Section V.G below.

The informal resolution process is at the discretion of the district’s Title IX Coordinator or a designee. However, as required by Federal law, the district does not allow informal resolution for allegations that an employee engaged in sex-based harassment of a district student.

The process requires the parties’ voluntary, written consent. Before beginning the informal resolution process the parties must receive notice that explains:

1. the allegations,
2. the requirements for the process,
3. the right to withdraw from the process and to start or continue the grievance process (described in Section V) any time prior to reaching agreement,
4. if a resolution agreement is reached the parties will be prevented from start or continuing the grievance process of the same allegations,
5. potential terms that can be requested or offered, include but are not limited to restrictions on contact or participation in programs, activities, attendance at specific events,
6. notice that any agreement is only binding on the parties, and
7. what information will be kept and how the district could disclose information in grievance procedures if that process is resumed.

A.     Accepted Responsibility by the Respondent

The Respondent may accept responsibility for any or all of the allegations at any point during the involuntary resolution process. If the Respondent indicates an intent to accept responsibility for all allegations that violate district policy, the ongoing investigation process will be paused, and the Title IX Coordinator will determine whether informal resolution is an option.

If informal resolution is available, an Informal Resolution Facilitator will determine whether all parties and the district are able to agree, in writing, on responsibility, restrictions, sanctions, restorative measures, and/or remedies.

This informal resolution is not subject to appeal once all parties indicate their written agreement to all resolution terms.

When a signed, written resolution agreement is reached, the Superintendent will accept a finding that the Respondent is in violation of the district’s policy and accept agreed-upon restrictions and remedies. The appropriate sanction(s) or responsive actions will be promptly implemented by the Title IX Coordinator and appropriate administrators to effectively stop the discrimination or harassment, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

When the parties or the district cannot agree on all terms of accepted responsibility by the Respondent, the parties can attempt informal resolution between the parties or proceed with a complaint.

B.       Informal Resolution Between the Parties

The purpose of informal resolution between the parties is to provide the parties an opportunity to reach a mutually acceptable resolution without an agreed upon finding of responsibility or an investigation and determination of responsibility under Section V.G below.

The parties will have forty-five days to engage in the informal resolution process, unless there is a good cause for extension.

If a complaint was filed, the Title IX Coordinator has discretion to determine if an investigation will be paused, limited, or continued during the informal resolution process.

If the parties agree to a resolution at the conclusion of the informal resolution process, they will not be able to initiate or resume a complaint under Section V.B. concerning the same allegations.

If either party withdraws from the informal resolution process or the process has not concluded within forty-five calendar days without a good cause extension, then the Informal Resolution Facilitator or Title IX Coordinator will end the informal resolution process.

When the informal resolution process ends without a resolution agreement between the parties:

• If no complaint was filed, the Title IX Coordinator will provide written notice to the parties and remind the Complainant of the right to file a complaint.

• If a complaint was filed and the Complainant has not withdrawn the entire complaint in writing, the Title IX Coordinator will provide the parties with written notice that the complaint, in whole or part, will be investigated and a determination issued under Section V.G of this procedure.

C.      Mediation with the District for Complaints of General Discrimination

The district may not require the waiver of the right to an investigation and adjudication of a complaint of sex discrimination as a condition of enrollment, employment, or enjoyment of any other right, nor may the district require the parties to participate in an informal resolution process.

If the complaint does not have an individual Respondent because it concerns a policy or practice of the district, at any time during the complaint procedure, the district may, at its own expense, offer mediation. The Complainant and the District may agree to extend the complaint process deadlines to pursue mediation.

The purpose of mediation is to provide both the Complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator. Mediation must be voluntary and requires the mutual agreement of both parties. Either party may terminate mediation at any time during the mediation process. It may not be used to deny or delay a Complainant’s right to utilize the complaint procedures.

Mediation must be conducted by a qualified and impartial mediator who may not:

1) Be an employee of any school district, public charter school, or other public or private agency that is providing education-related services to a student who is the subject of the complaint being mediated; or

2) Have a personal or professional conflict of interest. A mediator is not considered an employee of the district solely because they serve as a mediator.

If the parties reach an agreement through mediation, they may execute a legally binding agreement that sets forth the resolution and states that all discussions, including both verbal statements and any written notes or documents, that occurred during the course of mediation will remain confidential and privileged and may not be used as evidence in any subsequent complaint, due process hearing, or civil proceeding. However, the following will not be considered privileged and may be disclosed as necessary or required by law, such as:

·         Any resulting written agreement signed by all the parties;

·         Threats of violence or plans to commit or conceal a crime;

·         Unreported child abuse that falls under mandatory reporting requirements; and

·         Other exceptions to privilege are spelled out in Washington’s Uniform Mediation Act at RCW 7.07.050.

The agreement must be signed by the Complainant and a district representative who has the authority to bind the district.

V. Grievance/Complaint Procedure

A.     Basic Requirements of the District’s Sex discrimination Grievance Procedures 

1.       Equitable Treatment and No Conflicts of Interest or Bias

The district will treat Complainants and Respondents equitably.

The district presumes that the Respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

The district requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator

2.       Extension of Timeframes

The district’s process allows for the reasonable extension of timeframes on a case-by-case basis when agreed to by the Complainant or if exceptional circumstances related to the complaint investigation require an extension of the time limit.

3.       Privacy and Personally Identifiable Information

The district will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to:

• obtain and present evidence, including by speaking to witnesses;
• consulting with their family members or confidential resources such as medical providers, therapists, sexual assault resource centers, or others; or
• otherwise preparing for or participating in the grievance procedures.

As stated in Policy 3230 - Student Privacy and Searches, Washington State law provides that at certain ages, students attain the right to decide for themselves what records will remain confidential, even from their parents, and what activities the student will participate in.

The district must not disclose personally identifiable information (PII) obtained while complying with this procedure except in the following circumstances:

(1) To carry out the purposes of the district’s obligations under this procedure, including to investigate and take other actions to address conduct that reasonably may constitute sex discrimination in a district education program or activity;

(2) When the district has obtained prior written consent from a person with the legal right to consent to the disclosure;

(3) When the information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose PII is at issue;

(4) As required by State or Federal law, regulations, or the terms and conditions of a State or Federal award, including a grant award or other funding agreement; or

(5) To the extent such disclosures are not otherwise in conflict with State or Federal laws, when required by State or local law, such as when there is reasonable cause to believe that a child has suffered sexual abuse (RCW 26.44.030), or when permitted under FERPA, 20 U.S.C. 1232g, or its implementing regulations, 34 C.F.R. part 99.

4.       Prohibition of Retaliation

Retaliation is prohibited from the district, a student, or an employee or other person authorized by the district to provide any aid, benefit, or service under the district’s education program or activity. Retaliation includes student-to-student retaliation.

5.       Credibility Determinations

Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

6.       Relevant Evidence

The district will objectively evaluate all evidence that is relevant and not otherwise impermissible—including both inculpatory and exculpatory evidence. “Relevant” means related to the allegations of sex discrimination under investigation as part of these grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.

7.       Impermissible Evidence

The following types of evidence and questions seeking that evidence are impermissible (i.e., will not be accessed or considered, except by the district to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

• Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness unless the district obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
• Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude a determination that sex-based harassment occurred.

B.       Grievance/Complaint Process when a Complaint is Received

If the district receives a complaint under this procedure, the Title IX Coordinator will ensure the complaint is evaluated and, if appropriate, investigated.

If the Title IX Coordinator has a conflict of interest, they will delegate their authority to participate in this process as necessary to avoid any potential conflicts of interest.

Upon receipt of a complaint, if they have not already been offered, the Title IX Coordinator will offer supportive measures to both parties. If necessary, the Title IX Coordinator may gather additional information from the Complainant to understand the parties involved, the conduct allegedly constituting sex discrimination, and the date and location of the alleged incident(s), if known.

C.      Dismissal of a Complaint

The district will designate a dismissal decisionmaker and an appeal decisionmaker for dismissals. 

The district dismissal decisionmaker will be one of the following individuals:

 

Robert Hascall, Executive Director of Special Services

Stanwood-Camano School District

26920 Pioneer Highway

Stanwood, Washington 98292

(360) 629-1200

rhascall@stanwood.wednet.edu

 

Colin Ryan, Executive Director of Curriculum and Instruction

Stanwood-Camano School District

26920 Pioneer Highway

Stanwood, Washington 98292

(360) 629-1200

cryan@stanwood.wednet.edu

The district may dismiss a complaint of sex discrimination if the district determines:

• The district is unable to identify the Respondent after taking reasonable steps to do so.
• The Respondent is not participating in the district’s education program or activity and is not employed by the district.
• The Complainant provided voluntary, written notice that they want to withdraw any or all of the allegations in the complaint, the Title IX Coordinator declines to open a complaint, and any allegations that were not withdrawn (if any), even if proven, would not constitute sex discrimination under Title IX.
• The district determines that the conduct alleged in the complaint, even if proven, would not constitute sex discrimination. Before dismissing such a complaint, the district will make reasonable efforts to clarify the allegations with the Complainant.
• The district determines that the complaint lacks sufficient detail to objectively understand what sex-based discriminatory acts are alleged, and when and where they occurred. Before dismissing the complaint for lack of sufficient detail, the district will provide the Complainant with notice, in writing, of what information is needed and that the district may dismiss the complaint if the information is not received within ten (10) calendar days. Such a dismissal will not prevent the Complainant from filing other complaints in the future.

Upon dismissal, the district will promptly notify the Complainant of the basis for the dismissal in writing. If the dismissal occurs after the Respondent has been notified of the allegations, then the district will also simultaneously notify the Respondent of the dismissal and the basis for the dismissal.

The district will provide the Complainant with notice of the opportunity to appeal the dismissal of a complaint within ten (10) calendar days of the dismissal decision by submitting a written notice of appeal to:

Dr. Deborah Rumbaugh, Superintendent

Stanwood-Camano School District

26920 Pioneer Highway

Stanwood, Washington 98292

(360) 629-1200

The dismissal notice will also specify that the dismissal may be appealed based on the following:

• procedural irregularity that would change the outcome,
• new evidence that would change the outcome and that was not reasonably available when the dismissal was made, and/or
• the Title IX Coordinator or decisionmaker had a conflict of interest or bias for or against either party that would change the outcome.  

When a complaint is dismissed, the district will, at a minimum:

• offer supportive measures to the Complainant as appropriate
• offer supportive measures to the Respondent, as appropriate, if the Respondent was notified of the allegations and
• take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the district’s education program or activity.

Dismissal does not preclude action under another district policy or procedure.

D.     Dismissal Appeal Process  

If the dismissal is appealed, the district will use the Level Two Appeal as described in Section V.H for the appeal of the dismissal.

The district will notify the parties of any dismissal appeal, including notice of the allegations if notice was not previously provided to the Respondent.

• Implement appeal procedures equally for the parties;
• Ensure that the decisionmaker for the appeal (1) has been trained consistent with the Title IX regulations and (2) did not take part in any investigation of the allegations or the dismissal of the complaint;
• Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
• Notify the parties of the result of the appeal and the rationale for the result.

E.       Notice of Allegations:

The district will acknowledge receipt of the formal complaint by providing the following written notice to the parties:

• A copy of the district’s sex discrimination complaint procedure and, if appropriate, any informal resolution process available.
• Notice of the allegations of sex discrimination available at the time of the notice with sufficient information to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s), if known.
• A statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of the evidence and, upon request, an equal opportunity to access such evidence.
• Notice that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility for alleged sex discrimination is made at the conclusion of the investigation process.
• Notice of the district’s prohibition of retaliation and any provision in student conduct policies and procedures that prohibit false statements or submitting false information

The district may consolidate complaints of sex discrimination against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party when the allegations of sex discrimination arise out of the same facts or circumstances. However, the district will not consolidate complaints if consolidation violates the Family Educational Rights and Privacy Act (FERPA) and the District has not obtained prior written consent from the parents or eligible students to the disclosure of their education records. This determination will be made on a case-by-case basis. 

If, in the course of an investigation, the district decides to investigate additional allegations of sex discrimination by the Respondent toward the Complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the district will notify the parties of the additional allegations.

F.       Investigation:

The district will provide for adequate, reliable, and impartial investigation of a complaint. The investigator must be trained, impartial, and without a conflict of interest or bias for or against either party.

1.       Time for Investigation

A decision based on a prompt, thorough, and effective investigation will be issued within 30 days of the complaint, unless the parties agree or there are exceptional circumstances related to the complaint that warrant an extension. In the event an extension is needed, the district will provide written notice to the parties of the reason for the extension and the anticipated response date within the following thirty days (and for every thirty days after that) until a decision is issued.

2.       Standard of Proof

The district adopts preponderance of the evidence as the standard of proof it will use in reaching decisions regarding complaints. The burden is on the district—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

3.       Investigation Requirements

Once an investigation is started, the Title IX Coordinator will appoint an Investigator(s) to conduct it. The Investigators may be any properly trained Investigator. The district’s investigator can be the Title IX Coordinator, another investigator, the District’s Superintendent, or someone hired by the district.

The investigation of a sex discrimination complaint must:

• Include a prompt and thorough investigation into the allegations in the complaint.
• Ensure that the district bears the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility.
• Provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible.
• Review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.
• Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
• Provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible. This process is described below.
• Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by a parent, guardian, legal representative, or other adult of their choice.

The district may not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting or assisting in their professional capacity and made and maintained in connection with the provision of treatment to the party unless the district obtains the party’s voluntary, written consent to do so.

4.       Witness’ and Parties’ Rights

Student Complainants, Respondents, and witnesses, and witnesses from outside the district’s community cannot be required to participate in investigation or resolution processes but are encouraged to cooperate with the district’s investigations and to share what they know about a Complaint.

Staff (not including Complainant and Respondent) are required to cooperate with and participate in the district’s investigation and resolution process. If an employee represented by a union reasonably concludes that discipline could result from information provided during an interview, the employee shall be entitled to union representation during the interview. If the employee reasonably determines during the interview that discipline could result, the interview shall be suspended until representation is available.

5.       Review of Evidence Prior to Determination

At least ten (10) days prior to a determination regarding responsibility, the district shall provide the parties with a report that provides equal written notice as to the findings of the investigation and provides a fair summary of any relevant evidence that is directly related to the allegations raised in the complaint and obtained as part of the investigation. The notice shall inform the parties that:

• The report findings will be provided to the decisionmaker
• They are being given an accurate description of the evidence and, upon request, they have an equal opportunity to inspect and review relevant and not otherwise impermissible evidence.
• They have ten (10) days from receipt of the notice to review the description of the evidence, request to review the evidence, and submit a written response for the decisionmaker to consider prior to making a decision.
• Both parties are being given an equal opportunity to ask specific, relevant questions about the evidence or identify areas where they believe further investigation is necessary.
• Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant unless they are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant or unless they concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

If the parties request to inspect and review the relevant evidence, the district will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures.

Disclosures of information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized. However, the district may redact information if it has not received voluntary, written consent to disclose information that is privileged or was made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional made in connection with the provision of treatment to the party.

G.     Level One – Superintendent or Designee’s Response and Decision

At the conclusion of the investigation and within thirty (30) calendar days of receipt of the complaint, the Superintendent or a designee must issue a written determination of responsibility regarding the alleged sex discrimination.

Prior to issuing a decision, the District’s Superintendent or designee will objectively review all evidence gathered in the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

If the investigator was not the District’s Superintendent or designee, nothing in this procedure prohibits them from making findings or recommending any decision or remedies. However, the District’s Superintendent or designee will not be bound by the recommendations and is responsible for the determination of responsibility and remedies, if any. The District’s Superintendent or designee may also question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination prior to issuing their determination.

The decision will be issued within 30 days unless otherwise agreed to by the Complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the district will provide written notice to the parties and the anticipated response date.

1.       Determination of Whether Sex Discrimination Occurred

After an investigation and evaluation of all relevant and not otherwise impermissible evidence, the District decisionmaker will use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.

The District decisionmaker must issue written notice to the parties at the same time. The written notice must include:

• Identification of the allegations potentially constituting sex discrimination under Title IX regulations;
• Findings supporting the determination;
• An application of the district’s policy prohibiting sex discrimination to the facts and a statement of conclusion as to whether a preponderance of the evidence substantiated that the Complainant was subjected to sex discrimination;
• If sex discrimination was substantiated, then the decision must also include a determination regarding responsibility, any disciplinary or other sanctions imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the education program or activity will be provided to the Complainant; and the corrective measures the district deems necessary, including assurance that the district will take steps to prevent recurrence and remedy its effects on the Complainant and others, if appropriate; and
• Notice of the parties’ right to appeal to the school board and the necessary filing information.

At the time the district responds to the parties, the district must send a copy of the response to the Office of the Superintendent of Public Instruction (OSPI).

Any corrective measures deemed necessary will be instituted as quickly as possible, but in no event more than thirty (30) days after the District decisionmaker mailed a written decision unless a student 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.

Staff may also pursue complaints through the appropriate collective bargaining agreement process or anti-discrimination policy.

2.       Disciplinary Sanctions and Remedies

Following a determination that sex-based harassment occurred, the district may impose disciplinary sanctions. “Disciplinary sanctions” means consequences imposed on a Respondent following a determination under these grievance procedures that the Respondent violated the recipient’s prohibition on sex discrimination. Disciplinary sanctions against students will be in accordance with Policy and Procedure 3241/3241P – Student Discipline.

The district may also provide remedies. “Remedies” means measures provided, as appropriate, to a Complainant or any other person the district identifies as having had their equal access to the recipient’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to the recipient’s education program or activity after a recipient determines that sex discrimination occurred.

Remedies may include but are not limited to:

·         A continuation of supportive measures

·         Referrals to counseling, health services, or the Employee Assistance Program

·         Course and registration adjustments, such as retroactive withdrawals or changes in schedules

·         Education to the individual and/or the community

·         Permanent or temporary alteration of work arrangements for employees

·         Provision of school safety escorts

·         Climate surveys

·         Policy modification and/or training

·         Implementation of long-term contact limitations between the Parties

·         Implementation of adjustments to academic deadlines, course schedules, etc.

H.     Level Two – Appeal to the Board of Directors

If a Complainant or Respondent(s) disagrees with the Superintendent’s or designee’s written decision, the disagreeing party may appeal the decision to the district’s board of directors or a board designee by filing a written notice of appeal with the secretary of the board within ten (10) calendar days following the date upon which the Complainant received the response.

1.       Notice of Appeal and Hearing

If the complaint involves a named Respondent, the district will implement appeal procedures equally for both parties and provide written notice to the other party when an appeal is filed.

The board shall ensure a hearing is scheduled to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal unless otherwise agreed to by the Complainant and the Superintendent or for good cause.

2.       Appeal Decisionmaker

The appeal to the board must be heard by an individual or group of individuals who are impartial and do not have any conflicts or bias for any of the parties. The appeal hearing officer/decisionmaker for the appeal must also be trained consistent with the requirements of Title IX, a Federal law, for appeal decisionmakers of sex discrimination.

The board may delegate its authority for the hearing/decision-making to an individual or group. However, the board cannot delegate its authority in a level two appeal to the Superintendent or anyone under the Superintendent’s authority. The board will also ensure that the appeal hearing officer/decisionmaker for the appeal is not an employee of the district, nor the same decisionmaker who reached the determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator. An appeal hearing officer/decisionmaker for the appeal is not considered an employee of the district solely because they receive payment to serve as the appeal hearing officer/decisionmaker for the appeal.

3.       The Appeal/Hearing Process

All parties will be allowed a reasonable, equal opportunity to present such witnesses and testimony as the board or its designee deems relevant and material in support of or challenging the outcome of the initial determination.

Unless otherwise agreed to by the appellant(s), the board or its designee will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the Complainant with a copy of the decision. The decision of the board will be provided in a language the Complainant can understand, which may require language assistance for Complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act. 

The decision will include notice of the Complainant’s right to appeal to the Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The district will send a copy of the appeal decision to the office of the Superintendent of public instruction.

                        I.            Level Three - Complaint to the Superintendent of Public Instruction

If the Complainant or Respondent disagrees with the decision of the board of directors, or if the district fails to comply with this procedure, the Complainant may file a complaint with the Superintendent of Public Instruction.

A complaint must be received by the Superintendent of Public Instruction on or before the twentieth (20) calendar day following the date upon which the Complainant received written notice of the board of directors’ decision unless the Superintendent of Public Instruction grants an extension for good cause complaints may be submitted by mail, fax, electronic mail, or hand delivery.

A complaint must be in writing and include:

1) A description of the specific acts, conditions, or circumstances alleged to violate applicable anti-discrimination laws;

2) The name and contact information, including address, of the Complainant;

3) The name and address of the District subject to the complaint;

4) A copy of the district’s complaint and appeal decision, if any; and

5) A proposed resolution of the complaint or relief requested.

If the allegations regard a specific student, the complaint must also include the name and address of the student or, in the case of a homeless child or youth, contact information.

Upon receipt of a complaint, the Office of the Superintendent of Public Instruction may open an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the Superintendent or board. Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190, W.A.C. and will issue a written decision to the Complainant and the District that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed.

All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension.  If timely compliance is not achieved, OSPI may take action, including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance.

A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint.  OSPI may provide technical assistance and dispute resolution methods to resolve a complaint.

J.        Level Four - Administrative Hearing

A Complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW.

VI. Definitions of Prohibited Conduct

The sections below describe the specific forms of legally prohibited sex discrimination, sex-based harassment, and retaliation that are also prohibited under District Policy. Speech or conduct protected by the First Amendment will not be considered a violation of the District’s Policy, though supportive measures will be offered to those impacted.

All offense definitions below encompass actual and/or attempted offenses.

“Consent,” as defined in this policy, must be affirmative and consistent with RCW 28A.300.475, “affirmative consent means a conscious and voluntary agreement to engage in sexual activity as a requirement before sexual activity.”

“Sex discrimination” means discriminatory different treatment with respect to a person’s employment or participation in a District education program or activity based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. There are three types of sex discrimination, which are defined below: (A) different (or disparate) treatment, (B) disparate impact, d (C) sex-based harassment

A.     “Different (or disparate) treatment discrimination” means any intentional differential treatment of a person or persons that is based on a person’s actual or perceived sex and that:

• ·         Excludes a person from participation in;
• ·         Denies a person benefits of; or
• ·         Otherwise adversely affects a term or condition of a person’s participation in a Recipient program or activity

B.       “Disparate Impact Discrimination” means policies or practices that appear to be neutral unintentionally result in a disproportionate impact on the basis of sex that:

·         Excludes a person from participation in;

·         Denies a person benefits of; or

·         Otherwise adversely affects a term or condition of a person’s participation in a Recipient program or activity.

C.        “Sex-based harassment” is a form of sex discrimination and means:

·         sexual harassment and other harassment

o  on the basis of sex, including on the basis of

§  sex stereotypes,

§  sex characteristics,

§  pregnancy or related conditions,

§  sexual orientation, and

§  gender identity.

There are different types of sex harassment, including “quid pro quo harassment,” “hostile environment harassment,” and certain specific sexual offenses defined further below.

D.           “Quid pro quo harassment”:

·         An employee, agent, or other person authorized by the district

·         to provide an aid, benefit, or service under the district’s education program or activity

·         explicitly or impliedly conditioning the provision of such an aid, benefit, or service

·         on a person’s participation in unwelcome sexual conduct.

 

E.          “Hostile environment harassment,” which is defined as:

·         “Unwelcome sex-based conduct that,

·         based on the totality of the circumstances,

·         is subjectively and objectively offensive and

·         is so severe or pervasive

·         that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment).”

Because students and employees can experience the continuing effects of off-campus harassment in the educational setting, the district will consider the effects of off-campus conduct when evaluating whether there is a hostile environment on campus. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

1.  The degree to which the conduct affected the Complainant’s ability to access the recipient’s education program or activity;

2.  The type, frequency, and duration of the conduct;

3.  The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

4.  The location of the conduct and the context in which the conduct occurred; and

5.  Other sex-based harassment in the recipient’s education program or activity.

F.       “Sexual assault” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. This includes:

1.       Rape;

2.       Fondling;

3.       Sodomy;

4.       Sexual Assault with an Object;

5.       Statutory Rape;

6.       Incest;

7.       “Dating violence” means violence committed by a person;

8.       “Domestic violence” means felony or misdemeanor crimes committed by a person who:

o    Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the district, or a person similarly situated to a spouse of the victim;

o    Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;

o    Shares a child in common with the victim; or

o    Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.

9.       “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

o    Fear for the person’s safety or the safety of others; or

o    Suffer substantial emotional distress.

Under State law, sex-based harassment may also be:

• acts of sexual violence
• unwelcome sexual or gender-directed conduct or communication that interferes with an individual’s educational performance or creates an intimidating, hostile, or offensive environment;
• unwelcome sexual advances;
• unwelcome requests for sexual favors;
• sexual demands when submission is a stated or implied condition of obtaining an educational benefit;
• sexual demands where submission or rejection is a factor in an academic or other school-related decision affecting an individual.

9.       “Retaliation” means intimidation, threats, coercion, or discrimination:

o    against any person

o    for the purpose of interfering with any right or privilege secured by Title IX or this procedure or

o    because the person

o    reported information, made a complaint, was a witness or

o    provided information, assisted, or participated or

o    refused to participate in any manner

o     in an investigation or appeal under Title IX or this process.

  VII.           Other Complaint Options

Office for Civil Rights (O.C.R.), U.S. Department of Education

O.C.R. enforces several federal civil rights laws, which prohibit discrimination in public schools on the basis of race, color, national origin, sex, disability, and age. File complaints with O.C.R. within 180 calendar days of the date of the alleged discrimination.

206-607-1600 ǀ TDD: 1-800-877-8339 ǀ OCR.Seattle@ed.gov ǀ www.ed.gov/ocr

 

Washington State Human Rights Commission (WSHRC)

WSHRC enforces the Washington Law Against Discrimination (RCW 49.60), which prohibits discrimination in employment and places of public accommodation, including schools. File complaints with WSHRC within six months of the date of the alleged discrimination.

1-800-233-3247 ǀ TTY: 1-800-300-7525 ǀ www.hum.wa.gov

For Complaints involving employee-on-employee conduct:

Equal Employment Opportunity Commission (EEOC)

Seattle Field Office

Federal Office Building
909 First Avenue, Suite 400
Seattle, WA 98104-1061

Phone 1-800-669-4000

Fax 206-220-6911

TTY 1-800-669-6820

ASL Video Phone 844-234-5122

 

 

Adoption Date: 12.17.13

Stanwood-Camano School District

Revised: 12.04.18; 08.03.21; 12.02.23, 09.17.24

 

SEX DISCRIMINATION AND SEX-BASED HARASSMENT PROHIBITED - IMPLEMENTATION 

The procedure is intended to set forth the requirements of Policy 3206 and Policy 5011 to specify the district’s obligations with respect to establishing an educational and work environment that does not tolerate sex discrimination, including sex-based harassment.

“Sex discrimination” means discrimination on the basis of sex, sex stereotypes, sex characteristics, sexual orientation, gender identity, gender expression, pregnancy, or related conditions. Sex-based harassment is a form of sex discrimination.

The district prohibits sex discrimination, including sex-based harassment, of students by other students, employees, or third parties involved in school district activities.

The district also prohibits sex discrimination in the policies, procedures, and practices of the district’s program and activities, including but not limited to counseling and guidance services, recreational and athletics activities, and access to course offerings.

I. District Notice and Information

Publication of Notices

Information about the policy and procedure will be clearly stated and:

·  conspicuously posted on the district’s website.

·  conspicuously posted throughout each school building,

·  provided to each employee, and

·  reproduced in each student, staff, volunteer, and parent handbook.

Such notices will:

• Include a statement that the recipient does not discriminate on the basis of sex and prohibits sex discrimination and sex-based harassment in any education program or activity that it operates, as required by the State and Federal law Title IX, including employment;
• State that inquiries about the application of Title IX may be referred to the district’s Title IX Coordinator, the Office for Civil Rights, or both;
• Identify the district’s Title IX coordinator and provide contact information, including their name or title, office address, email address, and telephone number;
• How to locate the district’s sex discrimination policy and grievance procedures;
• How to report information about conduct that may constitute sex discrimination; and
• How to make a complaint of sex discrimination.

If necessary, due to the format or size of any publication, the district may instead include in those publications a statement that the district prohibits sex discrimination, including sex-based harassment, in any education program or activity that it operates. It will also state that individuals may report concerns or questions to the Title IX Coordinator, and provide the location of the notice described above on the district’s website.

In addition, copies of this policy and procedure, including the policies relating to employees, will be posted on the district website and in each district building in a place accessible to staff, students, parents, volunteers, and visitors.

At a minimum, sex discrimination, including sex-based harassment, recognition and prevention, and the elements of this policy will be included in staff, student, and regular volunteer orientation.

Information about the district’s sex discrimination and sex-based harassment policy will be easily understandable and conspicuously posted throughout each school building, provided to each employee, and reproduced in each staff, volunteer and parent handbook.

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.

 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:

• Pressuring a person for sexual favors
• Writing graffiti of a sexual nature on school property
• Distributing or displaying sexually explicit texts, emails or pictures
• Making unwelcome, offensive or inappropriate sexual comments, gestures, or jokes
• Making unwelcome comments about someone based on their sex, appearance, sexual orientation or gender identity or expression
• Unwelcome touching of a sexual nature or stalking a person
• Physical violence, including rape, sexual assault, dating violence, and domestic violence

II. The Title IX Team

For the purposes of this section, the Title IX Team refers to the Title IX Coordinator, investigators, decisionmakers, appeal decisionmakers, informal resolution facilitators, and people with the authority to modify or terminate supportive measures.

A.     Roles of Members of the Title IX Team

Any individual designated with any of the following roles must not have a conflict of interest or bias for or against any of the parties:

The Title IX Coordinator is the person authorized by the Superintendent to coordinate the district’s federal state and sex discrimination and sex-based harassment regulation compliance efforts.

The district’s Title IX Coordinator can be reached at:

Christine Del Pozo, Executive Director of Human Resources

Stanwood-Camano School District

26920 Pioneer Highway

Stanwood, Washington 98292

(360) 629-1200

cdelpozo@stanwood.wednet.edu

Person with authority to modify or terminate supportive measures is an impartial employee and someone other than the employee who made the challenged supportive measure decision. They have the authority to modify or reverse a decision to provide, deny, modify, or terminate any supportive measure upon request of a party. Their decision will be based on a determination that the initial supportive measure decision the supportive measure was inconsistent with the definition of supportive measures under Title IX at 34 CFR 106.2.

An informal resolution facilitator is a person who has received the training provided to all employees. They must also be trained on the rules and practices associated with the district’s informal resolution process(es) and on how to serve impartially, including avoiding conflicts of interest and bias. Any district designee for the informal resolution process cannot be the complaint investigator, decisionmaker, or appeal decision-maker. Such designee must not have a conflict of interest or bias for or against either of the parties. However, a district designee for the informal process will not be considered biased solely because they are an employee of the district or are paid to serve as a facilitator in an informal resolution process.

An investigator is a person who is impartial and has been trained to investigate compliance with the district’s sex discrimination grievance process as described in Procedure 3206P. The investigator can be the same person who serves as the Title IX Coordinator or the Decisionmaker of the sex discrimination complaint. 

The decisionmaker is the Superintendent or a designee that reaches the final determination of responsibility for alleged Title IX sex discrimination, including sex-based harassment, will be the Superintendent or their designee. The decisionmaker can be the same person who serves as the Title IX Coordinator or the investigator of the sex discrimination complaint.

The appeal decisionmaker will be a designee of the Superintendent. The level two appeal decisionmaker cannot be the Superintendent or an employee of the district. 

B.   Training for the Title IX Team

All investigators, decisionmakers, employees with authority to modify or terminate supportive measures, and other employees responsible for implementing the recipient’s grievance procedures must be trained on the following topics to the extent related to their responsibilities:

• The definition of sex-based harassment under Title IX and state law;
• The scope of the district’s education program or activity;
• How to conduct an investigation, the grievance process, and the informal resolution process;
• How to serve impartially;
• Their responsibilities under chapter WAC 392-190 WAC; and
• How to raise awareness of and eliminate bias based on sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal.

Investigators must also receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

The decisionmaker and appeal decisionmaker must also receive training on issues of relevance of questions and evidence, including the requirement that questions and evidence about a Complainant’s sexual predisposition or prior sexual conduct are not relevant unless 1) such questions and evidence are offered to prove that someone other than the Respondent committed the alleged conduct or 2) questions and evidence concerning specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent is offered to prove consent.

Appeal decision-makers must also receive training on any technology to be used during in-person or virtual hearings.

In addition to training requirements for all employees described above, the Title IX Coordinator and any designees under the Title IX Coordinator must be trained on:

·   the responsibilities of the Title IX Coordinator,

·   specific responsibilities for ensuring equal opportunity to pregnant and parenting students,

·   the provision of supportive measures,

·   the District’s recordkeeping requirements, and

·   any other training necessary to coordinate the recipient’s compliance with Title IX.

III.      Compliance Responsibilities

The Title IX Coordinator’s name, title, office address, telephone number, and email address must be available on the district website; in handbooks/catalogs that are made available to staff, students, and parents; and in the district’s nondiscrimination statement.

The Title IX Coordinator will inform the district community, including people who report sex discrimination, of the district’s responsibilities under Policy 3206 and related policies and procedures. These include policies for pregnant and parenting students (Policy 3205), gender-inclusive schools (Policy 3211), and district employees (Policy 5210) to comply with its obligations under State and Federal laws, including Title IX, and to create inclusive and welcoming school communities.

The Title IX Coordinator will ensure the district has a process for facilitation of supportive measures for all students, staff, and people attempting to enroll or participate in district programs that report sex discrimination. In addition to the Title IX Coordinator, the process for supportive measures will include another district employee who is not a subordinate of the Title IX Coordinator to address requests for rescinding or modifying supportive measures.

The Title IX Coordinator will ensure the district has a process and system in place to provide support and modifications to pregnant and parenting students, staff, and people attempting to enroll or participate in district programs that report being pregnant or having pregnancy-related conditions.

The Title IX Coordinator will annually:

(1) Monitor the district’s education program or activity for barriers to reporting information about conduct that reasonably may constitute sex discrimination under Title IX or this part and

(2) Take steps reasonably calculated to address such barriers.

When notified of conduct that reasonably may constitute sex discrimination under Title IX, Washington State law, or the district’s policies, the Title IX Coordinator must take the following actions to promptly and effectively end any sex discrimination in its education program or activity, prevent its recurrence, and remedy its effects:

• Treat the Complainant and Respondent equitably;
• Offer and coordinate supportive measures, as appropriate, for the Complainant.
• Offer and coordinate supportive measures, as appropriate, for the Respondent if the district has initiated grievance procedures or offered an informal resolution process to the Respondent.
• Notify the Complainant or, if the Complainant is unknown, the individual who reported the district’s grievance procedures under 3206P and the informal resolution process, if available and appropriate.

If a complaint is initiated under the grievance procedures, the Title IX Coordinator will:

• Evaluate the complaint and, as appropriate, initiate the grievance procedures under 3206P or other applicable procedures;
• Describe and offer the informal resolution process under the same, if available and appropriate, and
• Notify the Respondent of the grievance procedures, if appropriate and applicable.

In the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and the absence or termination of an informal resolution process, the Title IX Coordinator will determine whether to initiate a complaint of sex discrimination that complies with the grievance procedures under 3206P. To make this fact-specific determination, the Title IX Coordinator must consider, at a minimum, the following factors:

1. The Complainant’s request not to proceed with a complaint;
2. The Complainant’s reasonable safety concerns regarding a complaint;
3. The risk that additional acts of sex discrimination would occur if a complaint is not initiated;
4. The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
5. The age and relationship of the parties, including whether the Respondent is an employee of the recipient;
6. The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;
7. The availability of evidence to assist a decisionmaker in determining whether sex discrimination occurred; and
8. Whether the district could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures under Procedure 3206P.

If, after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the Complainant or other person or that the conduct as alleged prevents the recipient from ensuring equal access on the basis of sex to its education program or activity, the Title IX Coordinator may initiate a complaint.

When there has been a determination of responsibility for sex discrimination, the Title IX Coordinator or a designee will ensure that any corrective measures and remedial actions deemed necessary will be instituted as quickly as possible, but in no event more than thirty (30) days after the Superintendent mailed a written decision unless a student 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. Staff may also pursue complaints through the appropriate collective bargaining agreement process or anti-discrimination policy.

IV.               District Staff Responsibilities

Any district employee who witnesses or receives a report or complaint about sex discrimination, including sex-based harassment, is responsible for informing the district Title IX or Civil Rights Compliance Coordinator. All staff are also responsible for directing reporters to the complaint process.

Any district employee who is informed by a student (or a student’s parent, guardian, or legal representative) of the student’s pregnancy or pregnancy-related condition must promptly:

• provide them with the district’s Title IX Coordinator’s contact information and
• inform the affected student (or the student’s legal representative) that the Title IX Coordinator can coordinate specific actions to prevent pregnancy and pregnancy-related discrimination and ensure equal access to the district’s education program or activity.

Such notice does not need to be provided if the employee reasonably believes that the Title IX Coordinator has already been notified.

Reports of other forms of discrimination and discriminatory harassment will be referred to the district’s Civil Rights Compliance Coordinator. Reports of disability discrimination or harassment will be referred to the district’s Section 504 Coordinator.

Employees who are mandatory reporters must also report allegations of criminal misconduct to law enforcement, and suspected child abuse must be reported to law enforcement or Child Protective Services.

District/school staff, including employees, contractors, and agents, shall not provide a recommendation of employment for an employee, contractor, or agent that the district/school, or the individual acting on behalf of the district/school, knows or has probable cause to believe, has engaged in sexual misconduct with a student or minor in violation of the law.

V.            District Training and Orientation Requirements

A fixed component of all district newly hired employees, and annual orientation sessions for staff, students and regular volunteers will introduce the elements of this procedure and the corresponding policy.

Staff will be provided information on recognizing and preventing sex discrimination, including sex-based harassment. Staff will be fully informed of their responsibilities when on notice of sex discrimination, the district’s complaint procedures  and their roles and responsibilities under the policy and procedure.

All employees must receive training on the district’s obligations under Federal, State, and local laws and regulations and district policy and procedures prohibiting sex discrimination, including those related to pregnancy or pregnancy-related conditions or marital or parental status. The training shall include, at a minimum:

• Employees’ obligations to provide notice of the Title IX Coordinator as discussed above;
• The district’s prohibition of sex discrimination, including prohibitions of harassment of students and staff based on sexual orientation, gender identity, gender expression, pregnancy, pregnancy-related conditions, and marital or pregnancy status; and
• The district’s policy prohibition of  retaliation against a student or staff member for exercising these rights, including imposing or threatening to impose negative educational outcomes because a student requests leave or accommodation, files a complaint, or otherwise exercises their rights under the policy.

Professional school personnel, including but not limited to certificated staff will be reminded of their legal responsibility to report suspected child abuse and how some allegations of sex-based harassment. Regular volunteers will get the portions of this component of orientation relevant to their rights and responsibilities.

VI. Policy and Procedure Review

Annually, the superintendent or designee will convene an ad hoc committee 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 committee.

Based on the review of the committee, the Superintendent will prepare a report to the board including, if necessary, any recommended policy changes. The Superintendent will consider adopting changes to this procedure if recommended by the committee.

VII. Investigation Recordkeeping

The district will maintain, for a period of seven years, the following records:

• All materials used to train employees, Title IX Coordinator, investigators, decisionmakers, and any person who facilitates an informal resolution process for the district and make such materials available upon request.

• Records of any actions, including supportive measures, taken in response to a report of sex-based harassment under Title IX, even if no complaint is filed.
• Records of any informal resolution and the result.

Records of each sex discrimination investigation, including any determination regarding responsibility and any audio or audiovisual recording or transcript; any disciplinary sanctions imposed on the Respondent and any remedies provided to the Complainant; and any appeal from the result of a determination regarding responsibility.

Adoption Date: 12.17.13

Stanwood-Camano School District

Revised: 12.04.18; 08.03.21; 12.02.23, 09.17.24

Regulation of Dangerous Weapons on School Premises

It is a violation of district policy and state law for any person to carry a firearm or dangerous weapon on school premises, school-provided transportation or areas of other facilities being used exclusively for school activities. 

The superintendent is directed to see that all school facilities post “Gun-Free Zone” signs, and that all violations of this policy and RCW 9.41.280 are reported annually to the superintendent of public instruction. 

Dangerous weapons include but are not limited to firearms, sling shots, sand clubs, metal knuckles, daggers, dirks, spring blade knives, nun-chu-ka sticks, throwing stars, air guns, stun guns, and devices intended to injure a person by an electric shock. 

The following persons may carry firearms into school buildings, as necessary, although students engaged in these activities are restricted to the possession of rifles on school premises: 

• Persons engaged in military, law enforcement, or school district security activities; 
• Persons involved in a school authorized convention, showing, demonstration, lecture or firearm safety course; 
• Persons competing in school authorized firearm or air gun competitions; and Q. Any federal, state or local law enforcement officer. 

The following persons over eighteen years of age and not enrolled as students may have firearms in their possession on school property outside of school buildings: 

• Persons with concealed weapons permits issued pursuant to RCW 9.41.070 who are picking up or dropping off students; and 
• Persons conducting legitimate business at the school and in lawful possession of a firearm or dangerous weapon if the weapon is secured within an attended vehicle, is unloaded and secured in a vehicle, or is concealed from view in a locked, unattended vehicle. 

Persons may bring dangerous weapons, other than firearms, onto school premises if the weapons are lawfully within the person’s possession and are to be used in a school-authorized martial arts class. 

Persons over eighteen years of age and persons between fourteen and eighteen years of age with written parental or guardian permission may possess personal protection spray devices on school property. No one under eighteen years of age may deliver such devices, nor may anyone eighteen years or older deliver a spray device to anyone under fourteen or to anyone between fourteen and eighteen who does not have parental permission. 

Personal protection spray devices may not be used other than in self-defense as defined by state law. Possession, transmission or use of personal protection spray devices under any other circumstances is a violation of district policy. 

Cross References: Board Policy 

Legal References: RCW 9.41.280 

RCW 9A.16.020 RCW 9.91.160 

RCW 28A.600.420 Management Resources: 

3240 Student Conduct3241 Corrective Actions or Punishment 

Dangerous weapons on school grounds Use of force--when lawfulPersonal protection spray devices Firearms on school premises, transportation, or facilities--Penalty—Exemptions Policy News, October 1997 - Legislature also addresses “LAL” firearms 

Adoption Date: 12.19.2000 Stanwood-Camano School District Revised: 12.03.13; 10.16.18 

Sexual Harassment of Students Prohibited

This district is committed to a positive and productive education free from discrimination. The district does not discriminate on the basis of sex and prohibits sex discrimination in any education or activity that it operates, as required by Federal and State laws. This commitment extends to all students involved in academic, educational, extracurricular, athletic, and other programs or activities of the school, whether that program or activity is in a school facility, on school transportation or at a class or school training held elsewhere.

The district has jurisdiction over complaints of sex discrimination, including sex-based harassment, pursuant to the Federal law Title IX of the Education Amendments of 1972 (Title IX) and Washington State laws, including Chapter 28A.640 RCW and Chapter 392-190 WAC.

This policy is developed to meet the district’s obligations under Title IX and aligned with Washington State laws and regulations that define sex discrimination. Sex discrimination that does not fall under this policy may be addressed under other district policies and procedures.

The district prohibits sex discrimination of students by other students, employees, or third parties involved in school district activities. The district also prohibits sex discrimination in the policies, procedures, and practices of the district’s program and activities, including but not limited to counseling and guidance services, recreational and athletics activities, and access to course offerings.

For purposes of this policy, “sex discrimination” includes discrimination on the basis of sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, and gender expression. Sex-based harassment is a form of sex discrimination and is prohibited by this policy.

Definitions

“Sex-based discrimination” means sexual harassment and other harassment on the basis of sex stereotypes, sex characteristics, sexual orientation, gender identity, gender expression, pregnancy or related conditions, and marital status.

The term “sexual harassment” includes the following, which Title IX defines at 34 C.F.R 106.2:

• “Quid pro quo harassment,”
• “Hostile environment harassment,” and
• Specific offenses of sexual assault, dating violence, domestic violence, or stalking

The term “sexual harassment” is also prohibited under state law as defined at WAC 392-190-056 and includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature between two or more individuals if:

a. Submission to that conduct or communication is condition of obtaining an education or

b. a factor in decisions affecting that individual's education; or

c. the conduct or communication has the purpose or effect of substantially interfering with an individual's educational performance or of creating an intimidating, hostile, or offensive educational environment.

Harassment based on sexual orientation, gender expression, or gender identity is also prohibited under Washington state law.

For the purpose of these definitions, sex-based harassment may include conduct or communication that involves 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 address all sex-based harassment in its program and activities, even when some conduct alleged to be contributing to a hostile environment occurs outside of its program or activities.

The district has also developed other specific, related policies for students to comply with its obligations under State and Federal laws, including nondiscrimination (Policy 3210) gender-inclusive schools (Policy 3211), and nondiscrimination district employees (Policy 5010) to comply with its obligations under State and Federal laws, including Title IX, and to create inclusive and welcoming school-communities.

Investigation and Response

The Superintendent will develop and implement procedures for receiving, investigating, and resolving complaints or reports of sex discrimination and will include reasonable and prompt timeliness and delineate roles and responsibilities for such. The procedure can be found at 3206P.

If the district knows, or reasonably should know, that sexual harassment has occurred, it will promptly investigate to determine what occurred and take appropriate steps to resolve the situation. If an investigation reveals that sex-based harassment has created a hostile environment, the district will take prompt and effective steps reasonably calculated to end the sex-based harassment, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects. The district will take prompt, equitable, and remedial action within its authority on reports, complaints and grievances alleging sex harassment that come to the attention of the district, either formally or informally. The district will take these steps every time a complaint, alleging sex harassment comes to the attention of the district.

Allegations of criminal misconduct and suspected child abuse will be reported to law enforcement or Child Protective Services as required by law. Regardless of whether the misconduct is reported to law enforcement, school staff will promptly investigate to determine what occurred and take appropriate steps to resolve the situation, to the extent that such investigation does not interfere with an ongoing criminal investigation. A criminal investigation does not relieve the district of its independent obligation to investigate and resolve sex-based harassment.

Engaging in sex-based harassment will result in appropriate discipline or other appropriate sanctions against offending students, staff or other third parties involved in school district activities. Anyone else who engages in sex-based harassment on school property or at school activities will have their access to school property and activities restricted, as appropriate.

Retaliation and False Allegations

It is a violation of this policy to engage in retaliation, as defined under Federal and State laws and the Superintendent’s procedure, including retaliation by a student against another student, 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 sex harassment.

Persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline as discussed in the Superintendent’s procedure. However, no party, witness, or others participating in the district’s grievance process will be disciplined based solely on a determination of whether sex discrimination occurred under the Superintendent’s procedure.

Staff Responsibilities and Training

The superintendent will develop and implement a procedure that identifies the roles, responsibilities, and training requirements of the Title IX Coordinator and other district employees.

The Superintendent will also develop materials to provide age-appropriate information and education to district staff, students, parents, and volunteers regarding this policy and the recognition and prevention of sex-based harassment. The procedures can be found at 3206P.

District Notice

At a minimum, the district’s website will include a statement that the district prohibits sex discrimination and sex-based harassment in any education program or activity that it operates, as required by Title IX and other laws, and employment. It will also state that questions about Title IX, how to locate the district’s policy and grievance procedure, and how to report sex discrimination or make a complaint may be directed to the District’s Title IX Coordinator. The Title IX Coordinator’s contact information will also be provided, including their name or title, office address, email address, and telephone number.

This policy and the procedure, which includes the complaint process, will be conspicuously posted in each district building in a place accessible to staff, students, parents, volunteers and visitors. Information about the policy and procedure will be clearly stated and posted throughout each school building, provided to each employee, and reproduced in each student, staff, volunteer and parent handbook. Such notices will identify the District’s Title IX coordinator and provide contact information, including the coordinator’s email address.

Additionally, sex-based harassment recognition and prevention and the elements of this policy will be included in staff, student, and regular volunteer orientations.

Policy Review

The Superintendent will 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, will be included in the report. The Superintendent is encouraged to involve staff, students, volunteers and parents in the review process.

---

Cross References:

• Policy 3207 Prohibition of Harassment, Intimidation and Bullying of Students
• Policy 3210 Nondiscrimination
• Policy 3211 Gender Inclusive Schools
• Policy 3241 Student Discipline
• Policy 5010 Nondiscrimination and Affirmative Action
• Policy 5011 Sex Discrimination and Sex-Based Harassment of District Staff Prohibited

Legal References:

• 20 U.S.C. 1681-1688
• 34 C.F.R. 106 et. seq. 2024 Title IX Regulations
• WAC 162-32-040 Harassment
• WAC 392-190-058 Sexual harassment
• RCW 28A.640.020 Regulations, guidelines to eliminate discrimination — Scope — Sexual harassment policies
• RCW 49.60 Washington Law Against Discrimination

Management Resources:

• 2020 August Issue
• 2015 July Policy Alert
• 2014 December Issue
• 2010 October Issue

Adoption Date: 06.19.01
Stanwood- Camano School District
Revised 12.17.13; 12.04.18; 10.20.20; 1.16.24, 09.17.24

Expulsion

Other forms of discipline. Before administering an expulsion, the District must consider other forms of discipline to support the student in meeting behavioral expectations. Administering other forms of discipline may involve the use of best practices and strategies included in the state menu for behavior developed under RCW 28A.165.035. 

Initial notice. Before administering any suspension or expulsion, the District must attempt to notify the student's parents or guardians, as soon as reasonably possible, regarding the behavioral violation. 

Initial hearing. Before administering any suspension or expulsion, the principal or designee must conduct an informal initial hearing with the student for the purpose of hearing the student's perspective. At the initial hearing, the principal or designee must provide the student: 

a. Notice of the student's violation of the school district's discipline policy; 

b. An explanation of the evidence regarding the behavioral violation; 

c. An explanation of the discipline that may be administered; and 

d. An opportunity for the student to share the student's perspective and provide explanation regarding the behavioral violation. 

Parent participation. At an initial hearing in which the principal or designee is considering administering an expulsion, the principal or designee must make a reasonable attempt to contact the student's parents to provide an opportunity for the parents to participate in the initial hearing in person or by telephone. 

Administrative decision. Following the initial hearing, the principal or designee must inform the student of the decision regarding the behavioral violation, including the date on which any suspension or expulsion will begin and end. 

Written notice. No later than one school business day following the initial hearing with the student, the District must provide written notice of the suspension or expulsion to the student and parents in person, by mail, or by email. The written notice must include: 

a. A description of the student's behavior and how the behavior violated the school district's policy; b. The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; 

c. The other forms of discipline that the District considered or attempted, and an explanation of the District's decision to administer the suspension or expulsion; 

d. The opportunity to receive educational services during the suspension or expulsion;

e. The student's and parents' right to an informal conference with the principal or designee; 

f. The student's and parents' right to appeal the suspension or expulsion, including where and to whom the appeal must be requested; and 

g. For a long-term suspension or expulsion, the opportunity for the student and parents to participate in a reengagement meeting. 

Limitations on expulsions. The District may only administer an expulsion: 

● For behavioral violations under RCW 28A.600.015(6)(a) through (d); and 

● After the District has determined that if the student returned to school before completing an expulsion, the student would pose an imminent danger to students or school personnel. 

Length of exclusion. An expulsion may not exceed the length of an academic term, unless the principal or designee petitions the District superintendent for extension of an expulsion under WAC 392-400-480, and the petition is granted. 

Grade-level limitations. Except for behavioral violations related to firearms (WAC 392-400-820), the District may not administer an expulsion for any student in kindergarten through fourth grade. 

Appeals 

A. Optional conference with principal. If the student or parents disagree with the District’s decision to expel the student, the student or parents may request an informal conference with the principal or designee to resolve the disagreement. The request for an informal conference may be made orally or in writing. 

● Timing. The principal or designee must hold the conference within three school business days after receiving the request, unless otherwise agreed to by the student and parents. 

● Conference. During the informal conference, the principal or designee must provide the student and parents the opportunity to:

d. Share the student's perspective and explanation regarding the behavioral violation; 

e. Confer with the principal or designee and school personnel involved in the incident that led to the suspension or expulsion; and 

f. Discuss other forms of discipline that may be administered. 

● Right to appeal. An informal conference does not limit a student's or parents' right to appeal the suspension or expulsion, participate in a reengagement meeting, or petition for readmission. 

B. Appeal 

● Requesting an appeal. A student or the parents may appeal an expulsion to the school district superintendent or designee orally or in writing. 

● Time limit. A student’s or parents’ appeal of an expulsion must be received by the District within five school business days from the date the District provides written notice of the disciplinary decision following the initial hearing. 

● Appeal. 

o Within one school business day after receiving the appeal request, unless otherwise agreed to by the student and parents, the superintendent or designee must provide the student and parents written notice in person, by mail, or by email of:

i. The time, date, and location of the appeal hearing; 

ii. The name(s) of the official(s) presiding over the appeal; 

iii. The student's and parents' rights to inspect the student's education records;

iv. The student's and parents' rights to inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the hearing; 

v. The student's and parents' rights under this subsection; and vi. Whether the District will offer to hold a reengagement meeting before the appeal hearing. 

o Reengagement. Before the appeal hearing, the student, parents, and District may agree to hold a reengagement meeting and develop a reengagement plan. The student, parents, and District may mutually agree to postpone the appeal hearing while participating in the reengagement process. 

o Appeal hearing. The District must hold an appeal hearing within three school business days from the date the superintendent or designee received the appeal request, unless otherwise agreed to by the student or parents. 

o Presiding officials. The school board may designate the superintendent, a hearing officer, or a discipline appeal council, if established, to hear and decide appeals under this section. The presiding official(s) may not be involved in the student's behavioral violation or decision to suspend or expel the student and must be knowledgeable about the Washington regulations related to discipline and the District's discipline policies and procedures.

o Evidence and witnesses. 

i. Upon request, the student, parents, and District may inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the appeal hearing. The District, student, or parents must make the information available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing. 

ii. Upon request, the student and parents may review the student's education records. The District must make the records available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing. 

iii. If a witness for the District cannot or does not appear at the appeal hearing, the presiding official(s) may excuse the witness' nonappearance if the District establishes that: (A) The District made a reasonable effort to produce the witness; and (B) The witness's failure to appear is excused by fear of reprisal or another compelling reason. 

o Student and parent rights. During the appeal hearing, the student and parents have the right to: 

v. Be represented by legal counsel; 

vi. Question witnesses; 

vii. Share the student's perspective and provide explanation regarding the behavioral violation; and 

viii. Introduce relevant documentary, physical, or testimonial evidence. 

o Recording of Hearing. The appeal hearing must be recorded by manual, electronic, or other type of recording device. The District must provide the recording to the student or parents upon request. 

o Appeal decision. The presiding official(s) must base the decision solely on the evidence presented at the hearing. The presiding official(s) must provide a written decision to the student and parents in person, by mail, or by email within three school business days after the appeal hearing. The written decision must include: 

i. The findings of fact; 

ii. A determination whether: 

a. The student's behavior violated the school district's discipline policy; 

b. The behavioral violation reasonably warrants the suspension or expulsion and the length of the suspension or expulsion; and 

c. The suspension or expulsion is affirmed, reversed, or modified; 

iii. The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; 

iv. Notice of the student's and parents' right to request review and reconsideration of the appeal decision, including where and to whom to make the request; and 

v. Notice of the opportunity to participate in a reengagement meeting and the contact information for the person who will coordinate scheduling of the reengagement meeting. 

● Pending appeal. If the student or parents request an appeal under this section, the District may temporarily continue to administer the suspension or expulsion during the appeal period subject to the following requirements:

j. The District may temporarily continue to administer the suspension or  expulsion for no more than ten (10) consecutive school days from the initial hearing or until the appeal is decided, whichever is earlier; 

k. Any days that the student is temporarily suspended or expelled before the appeal is decided must be applied to the term of the student's suspension or expulsion and may not extend the term of the student's suspension or expulsion; 

l. If the student who is temporarily suspended or expelled returns to school before the appeal is decided under this section, the District must provide the student an opportunity to make up assignments and tests missed during the suspension or expulsion upon the student's return. 

C. Review and reconsideration. The student or parents may request that the school board or discipline appeal council review and reconsider the appeal decision. The student or parents may request the review orally or in writing. 

● Time limit. A student’s or parents’ request to review and reconsider an appeal decision must be received by the District within ten (10) school business days from the date the District provides the written appeal decision to the students and parents.

● Review procedure. 

a.In reviewing the District's decision, the school board or discipline appeal council must consider all documentary and physical evidence related to the behavioral violation, any records from the appeal, relevant state law, and the District's discipline policy. 

b.The school board or discipline appeal council may request to meet with the student or parents, the principal, witnesses, or school personnel to hear further arguments and gather additional information. 

c. The decision of the school board or discipline appeal council must be made only by board or council members who were not involved in the behavioral violation, the decision to suspend or expel the student, or the appeal decision. If the discipline appeal council presided over the appeal, the review and reconsideration decision must be made by the school board. 

● Decision. The school board or discipline appeal council must provide a written decision to the student and parents in person, by mail, or by email within ten (10) school business days after receiving the request for review and reconsideration. The written decision must identify: 

j. Whether the school board or discipline appeal council affirms, reverses, or modifies the suspension or expulsion; 

k. The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; and 

l. For long-term suspensions or expulsions, notice of the opportunity to participate in a reengagement meeting. 

Petition to extend expulsion. 

1. Petition. When risk to public health or safety warrants extending a student's expulsion, the principal or designee may petition the District superintendent or designee for authorization to exceed the academic term limitation on an expulsion. The petition must inform the superintendent or designee of: 

a. The behavioral violation that resulted in the expulsion and the public health or safety concerns; 

b. The student's academic, attendance, and discipline history; 

c. Any nonacademic supports and behavioral services the student was offered or received during the expulsion; 

d. The student's academic progress during the expulsion and the educational services available to the student during the expulsion; 

e. The proposed extended length of the expulsion; and 

f. The student's reengagement plan. 

2. Time limit. The principal or designee may petition to extend an expulsion only after the development of a reengagement plan and before the end of the expulsion. For violations related to firearms (WAC 392-400-820), the principal or designee may petition to extend an expulsion at any time. 

3. Notice. The District must provide written notice of the petition to the student and parents in person, by mail, or by email within one school business day from the date the superintendent or designee received the petition. The written notice must include: 

a. A copy of the petition; 

b. The student's and parents' right to an informal conference with the District superintendent or designee to be held within five (5) school business days from the date the District provided written notice to the student and parents; and 

c. The student's and parents' right to respond to the petition orally or in writing to the District superintendent or designee within five (5) school business days from the date the district provided written notice.

4. Written Decision. The District superintendent or designee may grant the petition only if there is substantial evidence that, if the student were to return to the student's previous school of placement after the length of an academic term, the student would pose a risk to public health or safety. The District superintendent or designee must deliver a written decision to the principal, the student, and the student's parents in person, by mail, or by email within ten (10) school business days after receiving the petition. 

a. If the petition is granted, the written decision must include: 

i. The date on which the extended expulsion will end; 

ii. The reason that, if the student were to return before the initial expulsion end date, the student would pose a risk to public health or safety; and 

iii. Notice of the student's or parents' right to request review and reconsideration of the appeal decision, including where and to whom to make the request. 

b. If the petition is not granted, the written decision must identify the date on which the expulsion will end.

5. Review and reconsideration 

a. Requesting review. The students or parents may request that the school board or discipline appeal council, if established, review and reconsider the decision to extend the student's expulsion. The student or parents may request the review orally or in writing. 

b. Time limit. A District may establish a time limit for parents and students to request a review under this subsection. The time limit must be no less than ten (10) school business days from the date the District superintendent or designee provides the written decision related to the petition to extend the expulsion. 

c. Review procedure. 

i. The school board or discipline appeal council may request to meet with the student or parents or the principal to hear further arguments and gather additional information. 

ii. The decision of the school board or discipline appeal council may be made only by board or council members who were not involved in the behavioral violation, the decision to expel the student, or the appeal decision.

d. Decision. The school board or discipline appeal council must provide a written decision to the student and parents in person, by mail, or by email within ten (10) school business days after receiving the request for review and reconsideration. The written decision must identify: 

i. Whether the school board or discipline appeal council affirms, reverses, or modifies the decision to extend the student's expulsion; and 

ii. The date on which the extended expulsion will end. 

e. Duration. Any extension of an expulsion may not exceed the length of an academic term.

6. Annual reporting. The District must annually report the number of petitions approved and denied to the office of superintendent of public instruction. 

Once a student is expelled in compliance with District policy, the expulsion will be brought to the attention of appropriate local and state authorities, including, but not limited to, juvenile authorities acting pursuant to the Basic Juvenile Court Act, so that such authorities may address the student’s educational needs. 

Any elementary or secondary school student who is determined to have carried a firearm onto, or to have possessed a firearm on, public elementary or secondary school premises, public school-provided transportation, or areas of facilities while being used exclusively by public schools, will be expelled from school for not less than one calendar year pursuant to RCW 28A.600.420 with notification to parents/guardians and law enforcement. The superintendent may modify the expulsion of a student on a case-by-case basis. 

Firearm Exception 

In accordance with RCW 28A.600.420, the District must expel a student for no less than one year if the District has determined that the student has carried or possessed a firearm on school premises, school- provided transportation, or areas of facilities while being used exclusively by public schools. The superintendent may modify the expulsion on a case-by-case basis. 

The District may also suspend or expel a student for up to one year if the student acts with malice (as defined under RCW 9A.04.110) and displays an instrument that appears to be a firearm on school premises, school-provided transportation, or areas of facilities while being used exclusively by public schools. 

These provisions do not apply to: 

• Any student while engaged in military education authorized by the District in which rifles are used; • Any student while involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by the District; or 

• Any student while participating in a rifle competition authorized by the District. 

Readmission 

Any student who has been expelled will be allowed to make an application for readmission at any time in accordance with District policy and procedure. (See also Readmission Application Process and Re-Engagement, below) 

Reporting 

Principals will report all long-term suspensions and the reasons therefore to the superintendent or designee within twenty-four (24) hours after imposing the expulsion. 

Board option to delegate authority to hear appeals 

The board may delegate its authority to hear and decide long-term suspension and expulsion appeals to a District discipline appeal council established by the board. Members of such councils will be appointed by the board for fixed terms and shall consist of no less than three persons. If such a council is established, the student and/or their parents/guardians have the right to appeal the hearing officer decision to the board or the discipline appeal council. 

Appeals to Superior Court (RCW 28A.645.010) 

Any parent or student aggrieved by the school board or discipline appeal council’s final decision, within thirty days after the rendition of such decision or order or of the failure to act upon the same when properly presented, may appeal the same to the superior court of the county in which the District or part thereof is situated, by filing with the secretary of the school board if the appeal is from board action or failure to act, otherwise with the proper school official, and filing with the clerk of the superior court, a notice of appeal which shall set forth in a clear and concise manner the errors complained of. 

Re-admission Application Process 

Any student who has been suspended or expelled will be allowed to make application for readmission at any time. If a student desires to be readmitted to the school from which they have been suspended/ expelled, the student will submit a written application to the principal, who will recommend admission or non-admission. If a student wishes admission to another school, they will submit the written application to the superintendent. The application will include: 

• Reasons the student wants to return and why the request should be considered; • Evidence which supports the request; and 

• A supporting statement from the parent or others who may have assisted the student. The superintendent will advise the student and parent/guardian of the decision within seven (7) school days of the receipt of such application 

Re-engagement Meeting and Plan 

For any student who has been subjected to a long-term suspension or expulsion, the District will convene a re-engagement meeting with the student and their parent(s)/guardian(s) to discuss a plan to re-engage the student. The re-engagement meeting does not replace an appeal hearing to challenge the suspension or expulsion, nor does it replace a petition for readmission. Before convening a re-engagement meeting, the District will communicate with the student and parents to schedule the meeting time and location. 

The re-engagement meeting must occur: 

• Within twenty (20) calendar days of the start of the student’s long-term suspension or expulsion, but no later than five (5) calendar days before the student’s return to school; or 

• As soon as reasonably possible, if the student or parents request a prompt re-engagement meeting. 

The District will collaborate with the student and parents to develop a culturally-sensitive and culturally responsive re-engagement plan tailored to the student’s individual circumstances to support the student in successfully returning to school. 

In developing a re-engagement plan the District must consider: 

• The nature and circumstances of the incident that led to the student’s suspension or expulsion; • As appropriate, students’ cultural histories and contexts, family cultural norms and values, community resources, and community and parent outreach; 

• Shortening the length of time that the student is suspended or expelled; 

• Providing academic and nonacademic supports that aid in the student’s academic success and keep the student engaged an on track to graduate; and 

• Supporting the student parents, or school personnel in taking action to remedy the circumstances that resulted in the suspension or expulsion and preventing similar circumstances from recurring. 

The District must document the re-engagement plan and provide a copy of the plan to the student and parents. 

Behavior Agreements 

The District authorizes staff to enter into behavior agreements with students and parents in response to behavioral violations, including agreements to reduce the length of a suspension conditioned on the participation in treatment services, agreements in lieu of suspension or expulsion, or agreements holding a suspension or expulsion in abeyance. 

A behavior agreement does not waive a student’s opportunity to participate in a re-engagement meeting under WAC 392-400-710, or waive the opportunity to receive educational services as provided under WAC 392-400-610. The duration of a behavior agreement must not exceed the length of an academic term. The District is not precluded from administering discipline for behavioral violations that occur after the District enters into an agreement with the student and parents. 

Exceptions for protecting victims 

The District may preclude a student from returning to the student’s regular educational setting following the end date of a suspension or expulsion to protect victims of certain offenses as follows:

• Teacher victim. A student committing an offense under RCW 28A.600.460(2), when the activity is directed toward the teacher, shall not be assigned to that teacher’s classroom for the duration of the student’s attendance at that school or any other school where the teacher is assigned; 

• Student victim. A student who commits an offense under RCW 28A.600.460(3), when directed toward another student, may be removed from the classroom of the victim for the duration of the student's attendance at that school or any other school where the victim is enrolled.

Management Resources: 2018 - August Issue 

2016 - July Issue 

2014 - August Issue 

Adoption Date: 07.03.17 

Stanwood-Camano School 

District Revised: 10.02.18 

Short-term suspension

Other forms of discipline. Before administering a short-term suspension, staff must first attempt one or more other forms of discipline to support the student in meeting behavioral expectations. Administering other forms of discipline may involve the use of best practices and strategies included in the state menu for behavior developed under RCW 28A.165.035. 

Initial notice. Before administering any suspension or expulsion, the District must attempt to notify the student's parents or guardians, as soon as reasonably possible, regarding the behavioral violation.

Initial hearing. Before administering any suspension or expulsion, the principal or designee must conduct an informal initial hearing with the student for the purpose of hearing the student's perspective. At the initial hearing, the principal or designee must provide the student:  

e. Notice of the student's violation of the school district's discipline policy; 

f. An explanation of the evidence regarding the behavioral violation; 

g. An explanation of the discipline that may be administered; and 

h. An opportunity for the student to share the student's perspective and provide explanation regarding the behavioral violation. 

Parent participation. At an initial hearing in which the principal or designee is considering administering a short-term suspension, the principal or designee must provide the student an opportunity for the student to contact the student's parents. 

Administrative decision. Following the initial hearing, the principal or designee must inform the student of the decision regarding the behavioral violation, including the date on which any suspension or expulsion will begin and end. 

Written notice. No later than one school business day following the initial hearing with the student, the District must provide written notice of the suspension or expulsion to the student and parents in person, by mail, or by email. The written notice must include: 

a. A description of the student's behavior and how the behavior violated the school district's policy; b. The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; 

c. The other forms of discipline that the District considered or attempted, and an explanation of the District's decision to administer the suspension or expulsion; 

d. The opportunity to receive educational services during the suspension or expulsion; e. The student's and parents' right to an informal conference with the principal or designee; and f. The student's and parents' right to appeal the suspension or expulsion, including where and to whom the appeal must be requested. 

Length of exclusion. The District may not administer a short-term suspension beyond the school year in which the behavioral violation occurred. 

Grade-level limitations. 

● Staff may not administer a short-term suspension for a student in kindergarten through fourth grade for more than ten cumulative school days during any academic term; 

● Staff may not administer a short-term suspension for a student in grades five through twelve: (i) for more than fifteen cumulative school days during any single semester; or (ii) for more than ten cumulative school days during any single trimester. 

Appeals 

A. Optional conference with principal. If the student or parents disagree with the District’s decision to suspend the student, the student or parents may request an informal conference with the principal or designee to resolve the disagreement. The request for an informal conference may be made orally or in writing. 

● Timing. The principal or designee must hold the conference within three school business days after receiving the request, unless otherwise agreed to by the student and parents. 

● Conference. During the informal conference, the principal or designee must provide the student and parents the opportunity to: 

d. Share the student's perspective and explanation regarding the behavioral violation; 

e. Confer with the principal or designee and school personnel involved in the incident that led to the suspension or expulsion; and 

f. Discuss other forms of discipline that may be administered. 

● Right to appeal. An informal conference does not limit a student's or parents' right to appeal the suspension or expulsion, participate in a reengagement meeting, or petition for readmission. 

B. Appeal 

● Requesting an appeal. A student or the parents may appeal a suspension to the District superintendent or designee orally or in writing. 

● Time limit. A student’s or parents’ appeal of a suspension must be received by the District within five (5) school business days from the date the District provides written notice of the disciplinary decision following the initial hearing. 

● Process. 

a. The superintendent or designee must provide the student and parents the opportunity to share the student's perspective and explanation regarding the behavioral violation orally or in writing. 

b. The superintendent or designee must deliver a written appeal decision to the student and parents in person, by mail, or by email within two school business days after receiving the appeal. The written decision must include: 

v. The decision to affirm, reverse, or modify the suspension; 

vi. The duration and conditions of the suspension, including the dates on which the suspension will begin and end; 

vii. The educational services the District will offer to the student during the suspension; and 

viii. Notice of the student's and parents' right to request review and  reconsideration of the appeal decision, including where and to whom to  make the request. 

● Pending appeal. If the student or parents request an appeal under this section, the District may temporarily continue to administer the suspension or expulsion during the appeal period subject to the following requirements: 

d. The District may temporarily continue to administer the suspension or  expulsion for no more than ten (10) consecutive school days from the initial hearing or until the appeal is decided, whichever is earlier; 

e. Any days that the student is temporarily suspended or expelled before the appeal is decided must be applied to the term of the student's suspension or expulsion and may not extend the term of the student's suspension or expulsion; 

f. If the student who is temporarily suspended or expelled returns to school before the appeal is decided under this section, the District must provide the student an opportunity to make up assignments and tests missed during the suspension or expulsion upon the student's return. 

● Review and reconsideration. The student or parents may request that the school board or discipline appeal council review and reconsider the appeal decision. The student or parents may request the review orally or in writing.

● Time limit. A student’s or parents’ request to review and reconsider an appeal decision must be received by the District within ten (10) school business days from the date the District provides the written appeal decision to the students and parents.

● Review procedure. 

a. In reviewing the District's decision, the school board or discipline appeal  council must consider all documentary and physical evidence related to the behavioral violation, any records from the appeal, relevant state law, and the District's discipline policy. 

b. The school board or discipline appeal council may request to meet with the  student or parents, the principal, witnesses, or school personnel to hear further arguments and gather additional information. 

c. The decision of the school board or discipline appeal council must be made only by board or council members who were not involved in the behavioral violation, the decision to suspend or expel the student, or the appeal decision. If the discipline appeal council presided over the appeal, the review and reconsideration decision must be made by the school board. 

● Decision. The school board or discipline appeal council must provide a written decision to the student and parents in person, by mail, or by email within ten (10) school business days after receiving the request for review and reconsideration. The written decision must identify: 

d. Whether the school board or discipline appeal council affirms, reverses, or modifies the suspension or expulsion; 

e. The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; and 

f. For long-term suspensions or expulsions, notice of the opportunity to participate in a re-engagement meeting. 

Re-Admission 

The District will allow any student who has been short-term suspended to make an application for readmission at any time in accordance with District policy and procedure. (See also Readmission Application Process and Re-Engagement, below) 

Reporting 

Principals will report all short-term suspensions and the reasons therefore to the superintendent or designee within twenty-four (24) hours after imposing the short-term suspension. 

Long-term suspension 

Other forms of discipline. Before administering a long-term suspension, a school district must consider other forms of discipline to support the student in meeting behavioral expectations. Administering other forms of discipline may involve the use of best practices and strategies included in the state menu for behavior developed under RCW 28A.165.035.

Initial notice. Before administering any suspension or expulsion, the District must attempt to notify the student's parents or guardians, as soon as reasonably possible, regarding the behavioral violation. 

Initial hearing. Before administering any suspension or expulsion, the principal or designee must conduct an informal initial hearing with the student for the purpose of hearing the student's perspective. At the initial hearing, the principal or designee must provide the student: 

a. Notice of the student's violation of the school district's discipline policy; 

b. An explanation of the evidence regarding the behavioral violation; 

c. An explanation of the discipline that may be administered; and 

d. An opportunity for the student to share the student's perspective and provide explanation regarding the behavioral violation. 

Parent participation. At an initial hearing in which the principal or designee is considering administering a long-term suspension, the principal or designee must make a reasonable attempt to contact the student's parents to provide an opportunity for the parents to participate in the initial hearing in person or by telephone. 

Administrative decision. Following the initial hearing, the principal or designee must inform the student of the decision regarding the behavioral violation, including the date on which any suspension or expulsion will begin and end. 

Written notice. No later than one school business day following the initial hearing with the student, the District must provide written notice of the suspension or expulsion to the student and parents in person, by mail, or by email. The written notice must include: 

a. A description of the student's behavior and how the behavior violated the school district's policy; b. The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; 

c. The other forms of discipline that the District considered or attempted, and an explanation of the District's decision to administer the suspension or expulsion; 

d. The opportunity to receive educational services during the suspension or expulsion;

e. The student's and parents' right to an informal conference with the principal or designee;

f. The student's and parents' right to appeal the suspension or expulsion, including where and to whom the appeal must be requested; and 

g. For a long-term suspension or expulsion, the opportunity for the student and parents to participate in a reengagement meeting. 

Limitations on long-term suspensions. The District may only administer a long-term suspension:

● For behavioral violations under RCW 28A.600.015(6)(a) through (d); and 

● After the District has determined that, if the student returned to school before completing a long-term suspension: (i) the student would pose an imminent danger to students or school personnel; or (ii) the student would pose an imminent threat of material and substantial disruption of the educational process. 

Behavioral violations. A long-term suspension may be imposed, subject to the limitations in this procedure, for the following behavioral violations: 

A. Having a firearm on school property or school transportation in violation of RCW 28A.600.420; B. Any of the following offenses listed in RCW 13.04.155, including: 

1. Any violent offense as defined in RCW 9.94A.030, including: 

a. Any felony that Washington law defines as a class A felony or an attempt, criminal conspiracy, or solicitation to commit a class A felony; 

b. Manslaughter;

c. Indecent liberties committed by forcible compulsion; 

d. Kidnapping; 

e. Arson; 

f. Assault in the second degree; 

g. Assault of a child in the second degree; 

h. Robbery; 

i. Drive-by shooting; and 

j. Vehicular homicide or vehicular assault caused by driving a vehicle while under the influence of intoxicating liquor or any drug, or by operating a vehicle in a reckless manner; 

2. Any sex offense as defined in RCW 9.94A.030, which includes any felony violation of chapter 9A.44 RCW (other than failure to registered as a sex offender in violation of 9A.44.132), including rape, rape of a child, child molestation, sexual misconduct with a minor, indecent liberties, voyeurism, and any felony conviction or adjudication with a sexual motivation finding; 

3. Inhaling toxic fumes in violation of chapter 9.47A RCW; 

4. Any controlled substance violation of chapter 69.50 RCW; 

5. Any liquor violation of RCW 66.44.270; 

6. Any weapons violation of chapter 9.41 RCW, including having a dangerous weapon at school in violation of RCW 9.41.280; 

7. Any violation of chapter 9A.36 RCW, including assault, malicious harassment, drive-by shooting, reckless endangerment, promoting a suicide attempt, coercion, assault of a child, custodial assault, and failing to summon assistance for an injured victim of a crime in need of assistance; 

8. Any violation of chapter 9A.40 RCW, including kidnapping, unlawful imprisonment, custodial interference, luring, and human trafficking; 

9. Any violation of chapter 9A.46 RCW, including harassment, stalking, and criminal gang intimidation; and 

10. Any violation of chapter 9A.48 RCW, including arson, reckless burning, malicious mischief, and criminal street gang tagging and graffiti; 

11. Two or more violations of the following within a three-year period: 

• Criminal gang intimidation in violation of RCW 9A.46.120: 
• Gang activity on school grounds in violation of RCW 28A.600.455; 
• Willfully disobeying school administrative personnel in violation of RCW 28A.635.020; and 4. Defacing or injuring school property in violation of RCW 28A.635.060; and 

12. Any student behavior that adversely impacts the health or safety of other students or educational staff. 

Unless otherwise required by law, school administrators are not required to impose a long-term suspension or expulsion for the misconduct listed above, and whenever reasonable, school administrators should first consider alternative forms of corrective action. 

Length of exclusion. A long-term suspension may not exceed the length of an academic term, and the District may not administer a long-term suspension beyond the school year in which the behavioral violation occurred. 

Grade-level limitations. Except for behavioral violations related to firearms (WAC 392-400-820), the District may not administer a long-term suspension for any student in kindergarten through fourth grade.

Appeals 

A. Optional conference with principal. If the student or parents disagree with the District’s decision to long-term suspend the student, the student or parents may request an informal conference with the principal or designee to resolve the disagreement. The request for an informal conference may be made orally or in writing. 

● Timing. The principal or designee must hold the conference within three school business days after receiving the request, unless otherwise agreed to by the student and parents. 

● Conference. During the informal conference, the principal or designee must provide the student and parents the opportunity to: 

a. Share the student's perspective and explanation regarding the behavioral violation; 

b. Confer with the principal or designee and school personnel involved in the incident that led to the suspension or expulsion; and 

c. Discuss other forms of discipline that may be administered. 

● Right to appeal. An informal conference does not limit a student's or parents' right to appeal the suspension or expulsion, participate in a reengagement meeting, or petition for readmission. 

B. Appeal 

● Requesting an appeal. A student or the parents may appeal a long-term suspension to the District superintendent or designee orally or in writing. 

● Time limit. A student’s or parents’ appeal of a long-term suspension must be received by the District within five (5) school business days from the date the District provides written notice of the disciplinary decision following the initial hearing. 

● Process. 

o Within one school business day after receiving the appeal request, unless otherwise agreed to by the student and parents, the superintendent or designee must provide the student and parents written notice in person, by mail, or by email of: 

i. The time, date, and location of the appeal hearing; 

ii. The name(s) of the official(s) presiding over the appeal; 

iii. The student's and parents' rights to inspect the student's education 

records; 

iv. The student's and parents' rights to inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the hearing; 

v. The student's and parents' rights under this subsection; and 

vi. Whether the District will offer to hold a re-engagement meeting before the appeal hearing. 

o Reengagement. Before the appeal hearing, the student, parents, and District may agree to hold a re-engagement meeting and develop a re- engagement plan. The student, parents, and District may mutually agree to postpone the appeal hearing while participating in the re-engagement process.

o Appeal hearing. The District must hold an appeal hearing within three (3) school business days from the date the superintendent or designee received the appeal request, unless otherwise agreed to by the student or parents. 

o Presiding officials. The school board may designate the superintendent, a hearing officer, or a discipline appeal council, if established, to hear and decide appeals under this section. The presiding official(s) may not be involved in the student's behavioral violation or decision to suspend or expel the student and must be knowledgeable about the Washington regulations related to discipline and the District's discipline policies and procedures.

o Evidence and witnesses. 

i. Upon request, the student, parents, and District may inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the appeal hearing. The District, student, or parents must make the information available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing. 

ii. Upon request, the student and parents may review the student's education records. The District must make the records available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing. 

iii. If a witness for the District cannot or does not appear at the appeal hearing, the presiding official(s) may excuse the witness's nonappearance if the District establishes that: (A) The District made a reasonable effort to produce the witness; and (B) The witness's failure to appear is excused by fear of reprisal or another compelling reason. 

o Student and parent rights. During the appeal hearing, the student and parents have the right to: 

i. Be represented by legal counsel; 

ii. Question witnesses; 

iii. Share the student's perspective and provide explanation regarding the behavioral violation; and 

iv. Introduce relevant documentary, physical, or testimonial evidence. 

o Recording of Hearing. The appeal hearing must be recorded by manual, electronic, or other type of recording device. The District must provide the recording to the student or parents upon request. 

o Appeal decision. The presiding official(s) must base the decision solely on the evidence presented at the hearing. The presiding official(s) must provide a written decision to the student and parents in person, by mail, or by email within three school business days after the appeal hearing. The written decision must include: 

i. The findings of fact; 

ii. A determination whether: 

a. The student's behavior violated the school district's discipline policy; 

b. The behavioral violation reasonably warrants the suspension or expulsion and the length of the  suspension or expulsion; and 

c. The suspension or expulsion is affirmed, reversed, or modified; 

iii. The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; 

iv. Notice of the student's and parents' right to request review and reconsideration of the appeal decision, including where and to whom to make the request; and 

v. Notice of the opportunity to participate in a reengagement meeting and the contact information for the person who will coordinate scheduling of the reengagement meeting. 

● Pending appeal. If the student or parents request an appeal under this section, the District may temporarily continue to administer the suspension or expulsion during the appeal period subject to the following requirements: 

g. The District may temporarily continue to administer the suspension or expulsion for no more than ten (10) consecutive school days from the initial hearing or until the appeal is decided, whichever is earlier; 

h. Any days that the student is temporarily suspended or expelled before the appeal is decided must be applied to the term of the student's suspension or expulsion and may not extend the term of the student's suspension or expulsion; 

i. If the student who is temporarily suspended or expelled returns to school before the appeal is decided under this section, the District must provide the student an opportunity to make up assignments and tests missed during the suspension or expulsion upon the student's return. 

● Review and reconsideration. The student or parents may request that the school board or discipline appeal council review and reconsider the appeal decision. The student or parents may request the review orally or in writing. 

c Time limit. A student’s or parents’ request to review and reconsider an appeal decision must be received by the District within ten (10) school business days from the date the District provides the written appeal decision to the students and parents. 

● Review procedure. 

a. In reviewing the District's decision, the school board or discipline appeal council must consider all documentary and physical evidence related to the behavioral violation, any records from the appeal, relevant state law, and the District's discipline policy. 

b. The school board or discipline appeal council may request to meet with the student or parents, the principal, witnesses, or school personnel to hear further arguments and gather additional information.

c. The decision of the school board or discipline appeal council must be made only by board or council members who were not involved in the behavioral violation, the decision to suspend or expel the student, or the appeal decision. If the discipline appeal council presided over the appeal, the review and reconsideration decision must be made by the school board.

● Decision. The school board or discipline appeal council must provide a written decision to the student and parents in person, by mail, or by email within ten (10) school business days after receiving the request for review and reconsideration. The written decision must identify: 

g. Whether the school board or discipline appeal council affirms, reverses, or modifies the suspension or expulsion; 

h. The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; and 

i. For long-term suspensions or expulsions, notice of the opportunity to participate in a re-engagement meeting. 

The principal will notify special education staff of any long-term suspension to be imposed for a student who is currently eligible for special education services or those who might be deemed eligible for special education. To the extent that suspensions may cumulatively or consecutively exceed ten (10) days, the principal will notify relevant special education staff so that the District can ensure that special education discipline procedures are in place, in addition to general education discipline procedures. 

Re-admission 

Any student who has been long-term suspended will be allowed to make an application for readmission at any time in accordance with District policy and procedure. (See also Readmission Application Process and Re-Engagement, below) 

Reporting 

Principals will report all long-term suspensions and the reasons therefore to the superintendent or designee within twenty-four (24) hours after imposing the expulsion. 

Emergency removal 

The District may immediately remove a student from the student's current school placement, subject to the following requirements: 

1. Sufficient cause. The District must have sufficient cause to believe that the student's presence poses: 

a. An immediate and continuing danger to other students or school personnel; or 

b. An immediate and continuing threat of material and substantial disruption of the educational process.

2. Determination of immediate and continuing threat of disruption. For purposes of this section, an immediate and continuing threat of material and substantial disruption of the educational process means: 

a. The student's behavior results in an extreme disruption of the educational process that creates a substantial barrier to learning for other students across the school day; and 

b. School personnel have exhausted reasonable attempts at administering other forms of discipline to support the student in meeting behavioral expectations. 

3. Time limit. An emergency removal may not exceed ten (10) consecutive school days. An emergency removal must end or be converted to another form of discipline within ten (10) school days from the start of the emergency expulsion. 

4. Conversion. If the District converts an emergency removal to a suspension or expulsion, the District must: 

a. Apply any days that the student was emergency expelled before the conversion to the total length of the suspension or expulsion; and 

b. Provide the student and parents notice and due process under as required by the applicable level of discipline. 

5. Reporting. All emergency removals, including the reason the student's presence poses an immediate and continuing danger to other students or school personnel, must be reported to the district superintendent or designee within twenty-four hours after the start of the emergency expulsion. 

General limitation. An emergency removal may not be imposed solely for the purposes of investigating student conduct. 

Initial notice. After an emergency removal, the District must attempt to notify the student's parents, as soon as reasonably possible, regarding the reason the District believes the student's presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process. 

Written notice. Within twenty-four hours after an emergency removal, the District must provide written notice of the emergency removal to the student and parents in person, by mail, or by email. The written notice must include: 

a. The reason the student's presence poses an immediate and continuing danger to students or school personnel, or poses an immediate and continuing threat of material and substantial disruption of the educational process; 

b. The duration and conditions of the emergency removal, including the dates on which the emergency expulsion will begin and end; 

c. The opportunity to receive educational services during the emergency removal; 

d. The student's and parents' right to an informal conference with the principal or designee; and 

e. The students’ and parents' right to appeal the emergency removal, including where and to whom the appeal must be requested. 

Optional conference with Principal 

1. Requesting a conference. If a student or the parents disagree with the District's decision to administer an emergency removal, the student or parents may request an informal conference with the principal or designee to resolve the disagreement. The request for an informal conference may be made orally or in writing. 

2. Time limit. The principal or designee must hold the conference within three (3) school business days after receiving the request, unless otherwise agreed to by the student and parents. 

3. Conference. During the informal conference, the principal or designee must provide students and parents the opportunity to share the student's perspective and explanation regarding the events that led to the emergency removal.

4. Right to appeal. An informal conference must not limit a student's or parents' right to appeal the emergency removal. 

Appeal 

1. Requesting an appeal. A student or the parents may appeal an emergency removal to the District superintendent or designee orally or in writing. 

2. Time limit. A student’s or parents’ request to appeal an emergency removal must be received by the District within three (3) school business days from the date the District provides the written notice of the emergency expulsion. 

3. Notice. Within one school business day after receiving the appeal request, unless otherwise agreed to by the student and parents, the superintendent or designee must provide the student and parents written notice in person, by mail, or by email of: 

a. The time, date, and location of the appeal hearing; 

b. The name(s) of the official(s) presiding over the appeal; 

c. The student's and parents' rights to inspect the student's education records; 

d. The student's and parents' rights to inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the hearing; and 

e. The student's and parents' rights provided in this section. 

4. Appeal hearing. The District must hold an appeal hearing as soon as reasonably possible, but no later than two (2) school business days after the date the superintendent or designee received the appeal request, unless otherwise agreed to by the student and parents. 

5. Presiding official(s). The school board may designate the superintendent, a hearing officer, or a discipline appeal council, if established under WAC 392-400-475, to hear and decide appeals under this section. The presiding official(s) may not be involved in the student's behavioral violation or decision to emergency expel the student and must be knowledgeable about the rules in this chapter and of the school district's discipline policies and procedures. 

6. Evidence and witnesses. 

a. Upon request, the student, parents, and District may inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the appeal hearing. The District, student, or parents must make the information available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing. 

b. Upon request, the student and parents may review the student's education records. The District must make the records available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing. 

c. If a witness for the District cannot or does not appear at the appeal hearing, the presiding official(s) may excuse the witness's nonappearance if the district establishes that: (i) The District made a reasonable effort to produce the witness; and (ii) The witness's failure to appear is excused by fear of reprisal or another compelling reason. 

7. Student and parent rights. The student and parents have the right to: 

a. Be represented by legal counsel; 

b. Question witnesses; 

c. Share the student's perspective and provide explanation regarding the events that led to the emergency expulsion; and 

d. Introduce relevant documentary, physical, or testimonial evidence. 

8. Recording of hearing. The appeal hearing must be recorded by manual, electronic, or other type of recording device. The District must provide the recording to the student or parents upon request. 

9. Appeal decision. The District must provide a written decision to the student and parents in person, by mail, or by email within one school business day after the appeal hearing. The written decision must include: 

a. The findings of fact; 

b. A determination whether the student's presence continues to pose: 

i. An immediate and continuing danger to students or school personnel; or 

ii. An immediate and continuing threat of material and substantial disruption of the educational process. 

c. Whether the District will end the emergency removal or convert the emergency removal to a suspension or expulsion. If the District converts the emergency removal to a suspension or expulsion, the District must provide the student and parents notice and due process under the applicable form of discipline to which the emergency expulsion was converted; and 

d. Notice of the student's and parents' right to request review and reconsideration of the appeal decision, including where and to whom to make the request. 

Review and reconsideration 

1. Requesting review. The student or parents may request that the school board or discipline appeal council, if established, review and reconsider the District's appeal decision. The student or parents may request the review orally or in writing. 

2. Time limit. A student’s or parents’ request to review and reconsider the appeal decision must be received by the District within five (5) school business days from the date the District provides the written appeal decision to the student and parent. 

3. Review procedure. 

a. In reviewing the District's decision, the school board or discipline appeal council must consider all documentary and physical evidence related to the events that led to the emergency expulsion, any records from the appeal, relevant state law, and the District's discipline policy. 

b. The school board or discipline appeal council may request to meet with the student or parents, the principal, witnesses, or school personnel to hear further arguments and gather additional information. 

c. The decision of the school board or discipline appeal council must be made only by board or council members who were not involved in the events that led to the emergency removal, the decision to emergency expel the student, or the appeal decision. If the discipline appeal council presided over the appeal, the decision must be made by the school board.

4. Decision. The school board or discipline appeal council must provide a written decision to the student and parents in person, by mail, or by email within five (5) school business days after receiving the request for review and reconsideration. The written decision must identify: 

a. Whether the school board or discipline appeal council affirms or reverses the District's decision that the student's presence posed: 

i. An immediate and continuing danger to students or school personnel; or 

ii. An immediate and continuing threat of material and substantial disruption of the educational process. 

b. If the emergency removal has not yet ended or been converted, whether the District will end the emergency removal or convert the emergency removal to a suspension or expulsion. If the District converts the emergency removal to a suspension or expulsion, the District must provide the student and parents notice and due process under the applicable form of discipline to which the emergency expulsion was converted.

Suspensions and Expulsions

General conditions and limitations 

• Parent involvement. The District must provide for early involvement of parents in efforts to support students in meeting behavioral expectations, and make every reasonable effort to involve the student and parents in the resolution of behavioral violations. 
• Considerations. Before administering any suspension or expulsion, the District must consider the student's individual circumstances and the nature and circumstances of the behavioral violation to determine whether the suspension or expulsion, and the length of the exclusion, is warranted. 
• Academics. The District may not suspend the provision of educational services to a student in response to behavioral violations or administer discipline in a manner that would prevent a student from completing subject, grade-level, or graduation requirements. The District must provide an opportunity for students to receive educational services during a suspension or expulsion under WAC 392-400-610. 
• Reporting. The principal or designee must report all suspensions and expulsions, and the behavioral violation that led to each suspension or expulsion, to the school district superintendent or designee within twenty-four hours after the administration of the suspension or expulsion. 
• Reentry. After suspending or expelling a student, the District must:
  • Make reasonable efforts to return the student to the student's regular educational setting as soon as possible; and 
  • Allow the student to petition for readmission at any time. 
• Access to District property. When administering a suspension or expulsion, the District may deny a student admission to, or entry upon, real and personal property that is owned, leased, rented, or controlled by the District. 
• End date. 
  • An expulsion or suspension of a student may not be for an indefinite period of time and must have an end date. 
  • If the District enrolls a student in another program or course of study during a suspension or expulsion, the District may not preclude the student from returning to the student's regular educational setting following the end date of the suspension or expulsion, unless: 
• The superintendent or their designee grants a petition to extend a student's  expulsion under WAC 392-400-480; 
• The student is excluded from the student's regular educational setting in accordance with WAC 392-400-810; or 
• The student is otherwise precluded under law from returning to the student's  regular educational setting. 
• Discipline appeal council. A school board may designate a discipline appeal council to hear and decide appeals or to review and reconsider the District's appeal decisions. A discipline appeal council must consist of at least three (3) persons appointed by the school board for fixed terms. All members of the discipline appeal council must be knowledgeable about the Washington regulations related to student discipline and the District's discipline policies and procedures. 

In-school suspension 

Other forms of discipline. Before administering an in-school suspension, staff must first attempt one or more other forms of discipline to support the student in meeting behavioral expectations. Administering other forms of discipline may involve the use of best practices and strategies included in the state menu for behavior developed under RCW 28A.165.035. 

Initial notice. Before administering any suspension or expulsion, the District must attempt to notify the student's parents or guardians, as soon as reasonably possible, regarding the behavioral violation. 

Initial hearing. Before administering any suspension or expulsion, the principal or designee must conduct an informal initial hearing with the student for the purpose of hearing the student's perspective. At the initial hearing, the principal or designee must provide the student: 

1. Notice of the student's violation of the school district's discipline policy; 
2. An explanation of the evidence regarding the behavioral violation; 
3. An explanation of the discipline that may be administered; and 
4. An opportunity for the student to share the student's perspective and provide explanation regarding the behavioral violation. 

Parent participation. At an initial hearing in which the principal or designee is considering administering an in-school suspension, the principal or designee must provide the student an opportunity for the student to contact the student's parents. 

Administrative decision. Following the initial hearing, the principal or designee must inform the student of the decision regarding the behavioral violation, including the date on which any suspension or expulsion will begin and end. 

Written notice. No later than one school business day following the initial hearing with the student, the District must provide written notice of the suspension or expulsion to the student and parents in person, by mail, or by email. The written notice must include: 

1. A description of the student's behavior and how the behavior violated the school district's policy;
2. The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; 
3. The other forms of discipline that the District considered or attempted, and an explanation of the District's decision to administer the suspension or expulsion; 
4. The opportunity to receive educational services during the suspension or expulsion; e. The student's and parents' right to an informal conference with the principal or designee; and f. The student's and parents' right to appeal the suspension or expulsion, including where and to whom the appeal must be requested. 

Length of exclusion. The District may not administer an in-school suspension beyond the school year in which the behavioral violation occurred. 

Grade-level limitations. 

• Staff may not administer an in-school suspension for a student in kindergarten through fourth grade for more than ten cumulative school days during any academic term; 
• Staff may not administer an in-school suspension for a student in grades five through twelve: (i) for more than fifteen cumulative school days during any single semester; or (ii) for more than ten cumulative school days during any single trimester. 

School Personnel. When administering an in-school suspension, school personnel must ensure that they: (a) Are physically in the same location as the student to provide direct supervision during the duration of the in-school suspension; and (b) Are accessible to offer support to keep the student current with assignments and course work for all of the student's regular subjects or classes as required under WAC 392-400-610. 

Guidelines. Suggested guidelines for in-school suspension are as follows: 

• A student who is assigned to in-school suspension will agree to the conditions specified by the school principal. 
• In-school suspension is designed to encourage learning. Students will be expected to work on their classroom assignments at all times. 
• A student in in-school suspension will attend a single subject or class or any full schedule of subjects or classes in a separate location on school property from their regular subject or class or schedule or classmates. 
• The student will be denied the opportunity to participate in any school activities while in in-school suspension. 
• While in-school suspended, the student and staff may develop a behavior agreement as discussed below. 
• Any behavioral violation may result in imposition of other corrective action. 
• After a student is placed back into the regular classroom(s), the principal or designee or school counselor will monitor the student's progress on a daily basis. The student will be encouraged to maintain a relationship with the school counselor as a means of dealing with any problems that arise. • Specific rules and building procedures will be developed by the building principal.

Appeals 

A. Optional conference with principal. If the student or parents disagree with the District’s decision to suspend the student, the student or parents may request an informal conference with the principal or designee to resolve the disagreement. The request for an informal conference may be made orally or in writing. 

• Timing. The principal or designee must hold the conference within three school business days after receiving the request, unless otherwise agreed to by the student and parents. 
• Conference. During the informal conference, the principal or designee must provide the student and parents the opportunity to: 
  • Share the student's perspective and explanation regarding the behavioral violation; 
  • Confer with the principal or designee and school personnel involved in the incident that led to the suspension or expulsion; and 
  • Discuss other forms of discipline that may be administered. 
• Right to appeal. An informal conference does not limit a student's or parents' right to appeal the suspension or expulsion, participate in a reengagement meeting, or petition for readmission. 

B. Appeal 

• Requesting an appeal. A student or the parents may appeal a suspension to the District superintendent or designee orally or in writing. 
• Time limit. A student’s or parents’ appeal of a suspension must be received by the District within five (5) school business days from the date the District provides written notice of the disciplinary decision following the initial hearing. 
• Process. 
  • The superintendent or designee must provide the student and parents the opportunity to share the student's perspective and explanation regarding the behavioral violation orally or in writing. 
  • The superintendent or designee must deliver a written appeal decision to the student and parents in person, by mail, or by email within two school business days after receiving the appeal. The written decision must include: 
    • The decision to affirm, reverse, or modify the suspension; 
    • The duration and conditions of the suspension, including the dates on which the suspension will begin and end; 
    • The educational services the District will offer to the student during the suspension; and 
  • Notice of the student's and parents' right to request review and  reconsideration of the appeal decision, including where and to whom to  make the request. 
• Pending appeal. If the student or parents request an appeal under this section, the District may temporarily continue to administer the suspension or expulsion during the appeal period subject to the following requirements: 
  • The District may temporarily continue to administer the suspension or  expulsion for no more than ten (10) consecutive school days from the initial  hearing or until the appeal is decided, whichever is earlier;
  • Any days that the student is temporarily suspended or expelled before the appeal is decided must be applied to the term of the student's suspension or expulsion and may not extend the term of the student's suspension or expulsion; 
  • If the student who is temporarily suspended or expelled returns to school before the appeal is decided under this section, the District must provide the student an opportunity to make up assignments and tests missed during the suspension or expulsion upon the student's return. 
• Teview and reconsideration. The student or parents may request that the school board or discipline appeal council review and reconsider the appeal decision. The student or parents may request the review orally or in writing. 
• Time limit. A student’s or parents’ request to review and reconsider an appeal decision must be received by the District within ten (10) school business days from the date the District provides the written appeal decision to the students and parents. 
• Review procedure. 
  • In reviewing the District's decision, the school board or discipline appeal council must consider all documentary and physical evidence related to the behavioral violation, any records from the appeal, relevant state law, and the District's discipline policy. 
  • The school board or discipline appeal council may request to meet with the student or parents, the principal, witnesses, or school personnel to hear further arguments and gather additional information. 
  • The decision of the school board or discipline appeal council must be made only by board or council members who were not involved in the behavioral violation, the decision to suspend or expel the student, or the appeal decision. If the discipline appeal council presided over the appeal, the review and reconsideration decision must be made by the school board. 
• Decision. The school board or discipline appeal council must provide a written decision to the student and parents in person, by mail, or by email within ten (10) school business days after receiving the request for review and reconsideration. The written decision must identify: 
  • Whether the school board or discipline appeal council affirms, reverses, or  modifies the suspension or expulsion; 
  • The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end; and 
  • For long-term suspensions or expulsions, notice of the opportunity to participate in a reengagement meeting. 

Student Discipline Procedure 3241

Definitions 

• “Behavioral violation” means a student’s behavior that violates the District’s discipline policies. • “Classroom exclusion” means the exclusion of a student from a classroom or instructional or activity area for behavioral violations, subject to the requirements of WAC 392-400-330 and 392-400-335. Classroom exclusion does not include action that results in missed instruction for a brief duration when: (a) A teacher or other school personnel attempts other forms of discipline to support the student in meeting behavioral expectations; and (b) The student remains under the supervision of the teacher or other school personnel during such brief duration. 
• “Corrective action” means discipline, classroom exclusion, suspension, emergency expulsion, or expulsion. 
• “Culturally responsive” has the same meaning as “cultural competency” in RCW 28A.410.270. • “Discipline” means any action taken by a school district in response to behavioral violations. • “Disruption of the educational process” means the interruption of classwork, the creation of disorder, or the invasion of the rights of a student or group of students. 
• “Emergency removal” means the emergency removal of a student from school because the student's presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process, subject to the requirements in WAC 392-400-510 through 392-400-530. 
• “Expulsion” means a denial of admission to the student's current school placement in response to a behavioral violation, subject to the requirements in WAC 392-400-430 through 392-400-480. • “Length of an academic term” means the total number of school days in a single trimester or semester, as defined by the board of directors. 
• “Other forms of discipline” means actions used in response to behavioral violations, other than classroom exclusion, suspension, expulsion, or emergency expulsion, which may involve the use of best practices and strategies included in the state menu for behavior developed under RCW 28A.165.035. 
• “Parent” has the same meaning as defined in WAC 392-172A-01125, and means a biological, adoptive, or foster parent, or a guardian generally authorized to act as parent or specifically authorized to make education decisions, an individual acting in the place of a biological or adoptive parent including a grandparent, stepparent, or other relative with whom the student lives or an individual who is legally responsible for the student’s welfare, or a legally appointed surrogate parent. The definition of parent does not include the state, if the student is a ward of the state. When more than one party meets the qualifications to act as a parent, the biological or adoptive parent must be presumed to be the parent unless they do not have legal authority to make educational decisions for the student or if a judicial decree or order identifies a specific person or persons. 
• “School board” means the governing board of directors of a local school district. 
• “School business day” means any calendar day except Saturdays, Sundays, and any federal and school holidays upon which the District’s office of the superintendent is open to the public for business. A school business day concludes or terminates upon the closure of the superintendent’s office for the calendar day.
• “School day” means any day or partial day that students are in attendance at school for instructional purposes. 
• “Suspension” means the denial of attendance in response to a behavioral violation from any subject or class, or from any full schedule of subjects or classes, but not including classroom exclusions, expulsions, or emergency expulsions. Suspension may also include denial of admission to or entry upon, real and personal property that is owned, leased, rented, or controlled by the District. 
  • In-school suspension means a suspension in which a student is excluded from the student's regular educational setting but remains in the student's current school placement for up to ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475. 
  • Short-term suspension means a suspension in which a student is excluded from school for up to ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475. o Long-term suspension means a suspension in which a student is excluded from school for more than ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475. 

Purpose 

The District will administer student discipline to maintain a safe and supportive school environment that is conducive to student learning. The methods employed in administering the rules of student conduct involve professional judgment. Such judgment should: 

• Provide due process to students and parents; 
• Implement the District’s policy and procedure in a culturally responsive manner; • Ensure fairness and equity in the administration of discipline; 
• Respond to the needs and strengths of students, support students in meeting behavioral expectations, and keep students in the classroom to the maximum extent possible; 
• Facilitate collaboration between school personnel, students, and families to ensure successful reentry into the classroom following a suspension or expulsion; and 
• Provide a safe and supportive learning environment for all students. 

No form of discipline will be administered in such a manner as to prevent a student from accomplishing specific academic grade, subject, or graduation requirements. Appeal procedures have been established in order to provide for an opportunity for every corrective action to be reviewed by someone in authority and to instill confidence among students and parents as to the essential fairness of staff. 

Fundamental rights 

When administering discipline under this chapter, the District must not unlawfully: 

1. Discriminate against a student on the basis of sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity, disability, or the use of a trained dog guide or service animal; 
2. Deprive a student of the student's constitutional right to freedom of speech and press, the constitutional right to peaceably assemble and to petition the government and its representatives for a redress of grievances, the constitutional right to the free exercise of religion and to have the student's school free from sectarian control or influence, subject to reasonable limitations upon the time, place, and manner of exercising the right; 
3. Deprive a student of the student's constitutional right to be secure in the student's person, papers, and effects against unreasonable searches and seizures; 
4. Interfere in a student's pursuit of an education while in the District’s custody; or 5. Deprive a student of the student's right to an equal educational opportunity, in whole or in part, by a school district without due process of law.

Rights and responsibilities of staff 

Superintendent authority:

The superintendent will have the authority to impose corrective action against, discipline, suspend, or expel students. The superintendent will: 

• Identify the conditions under which a teacher may exclude a student from their class; and • Designate which staff members have the authority to initiate or to impose discipline, suspensions, or expulsions. 

No student will be expelled, suspended, or disciplined in any manner for the performance of or failure to perform any act not related to the orderly operation of the school or school-sponsored activities or any other aspect of the educational process. 

Certificated staff will have the right to: 

• Expect students to comply with school rules; 
• Participate in the development and review of building rules relating to student conduct and behavioral expectations at least once each year. Building rules will be consistent with District rules relating to student conduct; 
• Receive any complaint or grievance regarding corrective action of students. Certificated staff will be given the opportunity to present their version of the incident and to meet with the complaining party, in the event that a conference is arranged; 
• Use such reasonable action as is necessary to protect themselves, a student, or others from physical abuse or injury; 
• Detention will be assigned in collaboration with parents and students. 

Teachers have the right to exclude any student from their classroom, instructional area, or activity area for behavioral violations that disrupt the educational process while the student is under the teacher’s immediate supervision, subject to the requirements of WAC 392-400-335 and the Classroom Exclusions section below. 

Behavior interventionists have the right to exclude a student from a classroom with the consent of the Teacher and in the absence of the building principal. 

Certificated staff will have the responsibility to: 

• Observe the rights of students; 
• Supervise student behavior and enforce the rules of student conduct fairly, consistently, and without discrimination. Any infractions will be reported orally and in writing to the principal as soon as possible, regardless of any corrective actions taken by the teacher; 
• Maintain good order in the classroom, in the hallways, on the playgrounds, or other common areas of the school, and on school buses (i.e., during field trips); 
• Maintain accurate attendance records and report all cases of truancy; 
• Set an appropriate example of personal conduct and avoid statements that may be demeaning or personally offensive to any student or group of students; and 
• Meet with a parent(s) within five (5) school days upon request to hear a complaint regarding the use of classroom materials or teaching strategies that are used in the classroom. 

Principals (includes Assistant Principals and Deans of Students) will have the responsibility to: 

• Impose discipline, suspensions, or expulsions when appropriate; 
• Notify parents related to disciplinary and corrective action, as defined in this procedure; and • Confer with certificated staff at least once per year to develop and review rules of conduct to be employed in the school, and corrective actions that may be used in the event of rule infractions. 

District staff members are responsible for supervising students immediately before and after the school day; during the school day; during school activities (whether on or off campus); on school grounds before or after school hours when a school group or school activity is using school grounds; off school grounds, if the actions of the student materially or substantially affect or interferes with the educational process; and on the school bus. 

Staff members will seek early involvement of parents in efforts to support students in meeting behavioral expectations. The Superintendent has general authority to administer discipline, including all exclusionary discipline. The Superintendent designates disciplinary authority to impose short-term suspension to school principals, assistant principals and deans of students. Long term suspensions may be imposed by school principals, assistant principals and assistant superintendents. Expulsions may be imposed by school principals, assistant principals and assistant superintendent. Emergency expulsions may be imposed by principals, assistant principals and assistant superintendents. 

Notification of suspensions of students eligible for special education services The principal will notify special education staff of any suspensions to be imposed on a student who is currently eligible for special education services or any student who might be deemed eligible for special education. To the extent that suspensions may cumulatively or consecutively exceed ten (10) days in a school year, the principal will notify relevant special education staff so that the District can ensure compliance with special education discipline procedures. 

Notification of procedures relating to student behavior 

Principals in each school will annually publish and make available to students, parents or guardians, staff, and the community the rules, policies, and procedures of the District that establish misconduct and the written procedures for administering corrective action. The publication will also define student rights and responsibilities relating to student behavior. 

Pursuant to the Drug-Free Schools and Communities Act (Amendments of 1989), students and parents will be given annual notice of the standard of conduct the District requires regarding controlled substance and alcohol use, and a statement of the disciplinary sanctions for violations of that standard. 

The District will also, in consultation with staff, students, student’s families, and the community, periodically review and update the District’s rules, policies, and procedures related to student discipline. 

Educational Services during suspension, expulsion, or emergency expulsion: 

The District will not suspend the provision of educational services as a disciplinary action, nor will schools suspend the provision of educational services to a student in response to behavioral violations. As soon as reasonably possible after administering a suspension or expulsion, the District must provide written notice 

to the student and parents about the educational services the District will provide. The District must provide the written notice in person, by mail, or by email. The notice must include: (a) A description of the educational services that will be provided; and (b) The name and contact information for the school personnel who can offer support to keep the student current with assignments and course work as required under this section. The District will offer Alternative Learning Experiences, online course work, one-on-one tutoring, or continuation with work assigned by the regular teacher with support and a plan for pick up and return of work. These options will be based on a variety of factors, including student needs, staff availability, and allocations of resources. 

Schools will provide the student the opportunity to receive educational services during a suspension, expulsion, or emergency expulsion. The educational services must enable the student to:

• Continue to participate in the general education curriculum; 
• Meet the educational standards established within the District; and 
• Complete subject, grade-level, and graduation requirements. 

Such services may be provided in an alternative setting, provided that such setting is comparable, equitable, and appropriate to the regular educational services a student would have received in the absence of exclusionary discipline. Examples of an alternative setting may include, but not be limited to, alternative schools or classrooms, one-on-one tutoring when available, and online learning. 

When providing a student the opportunity to receive educational services under this section, the school must consider: 

• Meaningful input from the student, parents, and the student’s teachers; 
• Whether the student’s regular educational services include English language development services, special education, accommodations and related services under Section 504 of the Rehabilitation Act of 1973, or supplemental services designed to support the student’s academic achievement; and 
• Access to any necessary technology, transportation, or resources the student needs to participate fully in the educational services. 

Exclusions for up to five days. For students subject to suspension or emergency expulsion up to five (5) days, a school must provide at least the following: 

• Course work, including any assigned homework, from all of the student’s regular subjects or classes; • Access to school personnel who can offer support to keep the student current with assignments and course work for all of the student’s regular subjects or classes; and 
• An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency expulsion. 
• Exclusions for six to ten days. For students subject to suspension or emergency expulsion for six (6) to ten (10) consecutive school days, a school must provide at least the following: 
• Course work, including any assigned homework, from all of the student’s regular subjects or classes; • An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency expulsion; and 
• Access to school personnel who can offer support to keep the student current with assignments and course work for all of the student’s regular subjects or classes. School personnel will make a reasonable attempt to contact the student or parents within three (3) school business days following the start of the suspension or emergency expulsion and periodically thereafter until the suspension or emergency expulsion ends to: 
  • Coordinate the delivery and grading of course work between the student and the student’s teacher(s) at a frequency that would allow the student to keep current with assignments and course work for all of the student’s regular subjects or classes; and 
  • Communicate with the student, parents, and the student’s teacher(s) about the student’s academic progress. 

Long-term suspensions and expulsions. For students subject to expulsion or suspension for more than ten (10) consecutive school days, a school will make provisions for educational services in accordance with WAC 392-121-107. 

Unexcused absences and tardiness 

Students will not be suspended or expelled from school for absences or tardiness. 

Denial or Delay of a Nutritionally-Adequate Meal Prohibited 

Students will not be subjected to corrective action in a manner that would result in the denial or delay of a nutritionally-adequate meal to a student.

Language assistance 

The District must ensure that the conferences, proceedings, and hearings described in this procedure are held in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964. The District must also ensure that any notices and agreements are provided in a language the student and parents understand. 

Corporal Punishment 

District staff may not administer corporal punishment, including any act that willfully inflicts or willfully causes the infliction of physical pain on a student. Corporal punishment does not include: 

• The use of reasonable physical force by a school administrator, teacher, school personnel, or volunteer as necessary to maintain order or to prevent a student from harming themselves, other students, school personnel, or property; 
• Physical pain or discomfort resulting from or caused by training for or participation in athletic competition or recreational activity voluntarily engaged in by a student; or 
• Physical exertion shared by all students in a teacher-directed class activity, which may include, but is not limited to, physical education exercises, field trips, or vocational educational projects. 

Restraint and Isolation 

District staff may not use isolation, restraint, or a restraint device on any student, except as provided for in RCW 28A.155.210, 28A.600.485, WAC 392-172A-02105, and 392-172A-02110. 

Other Forms of Discipline 

Unless a student’s on-going behavior poses an immediate and continuing danger to others, or a student’s on-going behavior poses an immediate and continuing threat to the educational process, staff members must first attempt one or more forms of other forms of discipline to support students in meeting behavioral expectations before imposing classroom exclusion, short-term suspension, or in-school suspension. Before imposing a long-term suspension or expulsion, the district must first consider other forms of discipline. 

The types of behaviors for which the staff members may use other forms of discipline include any violation of the rules of conduct, as developed annually by the Superintendent. In connection with the rules of conduct, school principals and certificated building staff will confer at least annually to develop precise definitions and build consensus on what constitutes manifestation of problem behaviors. See Policy 3220 – Rights and Responsibilities. The purpose of developing definitions and consensus on manifestation of a problem behavior is to address the differences in perception of subjective behaviors and reduce the effect of implicit or unconscious bias. 

These other forms of discipline may involve the use of best practices and strategies included in the state menu for behavior available online at the OSPI website. The district has identified the following that may be used as other forms of discipline: 

• Teaching or re-teaching behavioral expectations 
• Parent conferences 
• Loss of privileges 
• Lunch or school detention 
• Behavior contracts 
• Counseling or support services 
• Community service
• Behavior monitoring, mentoring, peer mediation, social skills instruction, de-escalation, and restorative justice practices may also be considered as well as other interventions.

These interventions are not limiting and other alternatives may be implemented with parental consent which follow the new regulations. 

Staff members are not restricted to the above list and may use any other form of discipline compliant with WAC 392-400-025(9). 

Staff may assign students detention after school hours for not more than 60 minutes on a given day as another form of discipline. Minutes assigned to detention may be split across multiple days at the staff member’s discretion, after considering factors such as the student’s transportation needs and extra-curricular activities. Preceding the assignment of detention, the staff member will inform the student of the nature of the offense charged and of the specific conduct that allegedly constitutes the violation. The student will be afforded an opportunity to explain or justify their actions to the staff member. 

Detention will not begin until the parent/guardian has been notified (except in the case of an adult student) for the purpose of informing them of the basis and reason for the detention and to permit them to make arrangements for the transportation of the student, as necessary. Students assigned detention for corrective action will be under the direct supervision of the staff member or another member of the professional staff. 

Classroom Exclusions 

A teacher may exclude a student from the teacher’s classroom or instructional or activity area for behavioral violations that disrupt the educational process while the student is under the teacher’s immediate supervision. The District may authorize other school personnel to exclude a student from a classroom or instructional or activity area for behavioral violations of the District's discipline policy. The teacher or other school personnel must first attempt one or more other forms of discipline to support the student in meeting behavioral expectations, unless the student’s presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process. 

A classroom exclusion may be administered for all or any portion of the balance of the school day in which the student was excluded from the student’s classroom, instructional area, or activity area. When a student is excluded from the student’s classroom, instructional area, or activity area for longer than the balance of the school day, the District will provide the student and the student’s family notice and due process for a suspension, expulsion, or emergency expulsion, as appropriate. A student may not be removed from school during a classroom exclusion unless the District provides notice and due process for a suspension, expulsion, or emergency expulsion. 

The school will provide the student an opportunity to make up any assignments and tests missed during a classroom exclusion. A classroom exclusion cannot result in the denial or delay of the student’s nutritionally adequate meal. 

Classroom Exclusion: Notice 

Following the classroom exclusion of a student, the teacher or other school personnel must report the classroom exclusion, including the behavioral violation that led to the classroom exclusion, to the principal or their designee as soon as reasonably possible. 

The teacher, principal, or the principal’s designee must notify the student’s parents regarding the classroom exclusion as soon as reasonably possible. 

When the teacher or other authorized school personnel administers a classroom exclusion on the grounds that the student’s presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process: 

(a) The teacher or other school personnel must immediately notify the principal or the principal’s designee; and 

(b) The principal or the principal’s designee must meet with the student as soon as reasonably possible and administer appropriate discipline. 

Grievance process for other forms of discipline and classroom exclusion 

The District will address student and parent grievances regarding classroom exclusions and other forms of discipline as follows: 

• Any parent/guardian or student who is aggrieved by the imposition of a classroom exclusion or other form of discipline has the right to an informal conference with the principal to resolve the grievance. If the complaint relates to the actions of an employee, the District will provide the employee notice as soon as reasonably possible. 
• At the conference, the student and parent/guardian will have the opportunity to voice concerns related to the grievance and ask questions of the staff members involved. Staff members will have the opportunity to respond. The principal may address issues and questions related to the grievance, and may ask questions of the parent/guardian, student, and staff. 
• If this grievance is not resolved, the parent/guardian and student may, upon at least two (2) school business days prior notice, present a written or oral grievance to the Superintendent or their designee. A student’s or parents’ grievance must be received by the Superintendent or their designee within five (5) school business days from the date of the informal conference. The Superintendent or designee will provide the parent and student with a written copy of its response to the grievance within ten (10) school business days. 
• Use of the grievance process will not impede or postpone the disciplinary action, unless the principal or Superintendent elects to postpone the disciplinary action. 
• Discipline that may be grieved under this section includes other forms of discipline, including after-school detention; classroom exclusion; removal or suspension from athletic activity or participation; and removal or suspension from school-provided transportation. 

Student Discipline Policy 3241

“Discipline” means any action taken by the school district in response to behavioral violations. Discipline is not necessarily punitive, but can take positive and supportive forms. Data show that a supportive response to behavioral violation is more effective and increases equitable educational opportunities. The purposes of this policy and accompanying procedure include: 

• Engaging with families and the community and striving to understand and be responsive to cultural context 
• Supporting students in meeting behavioral expectations, including providing for early involvement of parents 
• Administering discipline in ways that respond to the needs and strengths of students and keep students in the classroom to the maximum extent possible 
• Providing educational services that students need during suspension and expulsion 
• Facilitating collaboration between school personnel, students, and parents, and thereby supporting successful reentry into the classroom following a suspension or expulsion 
• Ensuring fairness, equity, and due process in the administration of discipline
• Providing every student with the opportunity to achieve personal and academic success 
• Providing a safe environment for all students and for district employees The Superintendent shall establish and make available rules of student conduct, designed to provide students with a safe, healthy, and educationally sound environment. Students are expected to be aware of the district’s rules of student conduct, including behavior standards that respect the rights, person, and property of others. Students and staff are expected to work together to develop a positive climate for learning. Minimizing exclusion, engaging with families, and supporting students Unless a student’s presence poses an immediate and continuing danger to others or an immediate and continuing threat to the educational process, staff members must first attempt one or more forms of other forms of discipline to support students in meeting behavioral expectations before imposing classroom exclusion, short-term suspension, or in-school suspension. Before imposing a long-term suspension or expulsion, the district must first consider other forms of discipline. These other forms of discipline may involve the use of best practices and strategies included in the state menu for behavior developed under RCW 28A.165.035. The accompanying procedure will identify a list of other forms of discipline for staff use. However, staff members are not restricted to that list and may use any other form of discipline compliant with WAC 392-400-025(9). School personnel must make every reasonable attempt to involve parents and students to resolve behavioral violations. The district must ensure that associated notices, hearings, conferences, meetings, plans, proceedings, agreements, petitions, and decisions are in a language the student and parents understand; this may require language assistance. Language assistance includes oral and written communication and further includes assistance to understand written communication, even if parents cannot read any language. The district’s use of suspension and expulsion will have a real and substantial relationship to the lawful maintenance and operation of the school district, including but not limited to, the preservation of the health and safety of students and employees and the preservation of an educational process that is conducive to learning. As described in the procedures, the district will offer educational services to students during suspension or expulsion. When the district administers a long-term suspension or expulsion, the district will timely hold a re-engagement meeting and collaborate with parents and students to develop a re-engagement plan that is tailored to the student’s individual circumstances, in order to return the student to school successfully. Additionally, any student who has been suspended or expelled may apply for readmission at any time. 

Staff authority:

District staff members are responsible for supervising students during the school day, during school activities, whether on or off campus, and on the school bus. Staff members will seek early involvement of parents in efforts to support students in meeting behavioral expectations. The Superintendent has general authority to administer discipline, including all exclusionary discipline. The Superintendent will identify other staff members to whom the Superintendent has designated disciplinary authority. After attempting at least one other form of discipline, teachers have statutory authority to impose classroom exclusion for behaviors that disrupt the educational process. Because perceptions of subjective behaviors vary and include implicit or unconscious bias, the accompanying procedures will seek to identify the types of behaviors for which the identified district staff may administer discipline. 

When administering discipline, the district will observe all of the student’s constitutional rights.

The district will notify parents as soon as reasonably possible about classroom exclusion and before administering any suspension or expulsion. The district will provide opportunities for parent participation during an initial hearing with the student. The district will provide parents with written notice, consistent with WAC 392-400-455, of a suspension or expulsion no later than one school business day following the initial hearing. As stated above, language assistance includes oral and written communication and further includes assistance to understand written communication, even if parents cannot read any language. The district has established procedures for review and appeal of suspensions, expulsions, and emergency expulsions, consistent with WAC 392-400-430 through 392-400-530. 

The district has also established procedures to address grievances of parents or students related to other forms of discipline, classroom exclusion, and exclusion from transportation or extra-curricular activity. The grievance procedures include an opportunity for the student to share his or her perspective and explanation regarding the behavioral violation. 
Development and review: 

Accurate and complete reporting of all disciplinary actions, including the behavioral violations that led to them, is essential for effective review of this policy; therefore, the district will ensure such reporting.The district will periodically collect and review data on disciplinary actions taken against students in each school. The data will be disaggregated into subgroups as required by RCW 28A.300.042, including students who qualify for special education or Section 504. The data review will include classroom exclusion, in-school and short-term suspensions, and long-term suspensions and expulsions. The district will invite school personnel, students, parents, families, and the community to participate in the data review. The purpose of the data review is to determine if disproportionality exists; if disproportionality is found the district will take action to ensure that it is not the result of discrimination and may update this policy and procedure to improve fairness and equity regarding discipline. 

Distribution of policies and procedures: 

The school district will make its discipline policies and procedures available to families and the community. The district will annually provide its discipline policies and procedures to all district personnel, students, and parents, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964. The school district will ensure district employees and contractors are knowledgeable of the discipline policies and procedures. 

Cross References: 

2121 - Substance Abuse Program2161 - Special Education and Related Services for Eligible Students

2162 - Education of Students With Disabilities Under Section 504 of the Rehabilitation Act of 19733122 - Excused and Unexcused Absences

3200 - Rights and Responsibilities3210 - Nondiscrimination3244 - Prohibition of Corporal Punishment

3520 - Student Fees, Fines, or Charges

3210 - Regulation of Dangerous Weapons on School Premises

4218 - Language Access Plan 2019 - April April Policy Alert 2010 - June Issue2014 - August Issue2014 - December Issue 2016 - July Policy Issue2018 - August 2018 - August Policy Issue 

Management Resources: 

Adoption Date: 06.03.031

Stanwood-Camano School District

Revision Date: 05.21.08; 06.17.08; 08.19.14; 09.02.14; 06.20.17;10.16.18; 08.06.19 
 

 

 

Sexual Harassment

Students and staff are protected against sexual harassment by anyone in any school program or activity, including on the school campus, on the school bus, or off-campus, such as a school-sponsored field trip. Sexual harassment is unwelcome behavior or communication that is sexual in nature when:

• A student or employee is led to believe that he or she must submit to unwelcome sexual conduct or communications in order to gain something in return, such as a grade, a promotion, a place on a sports team, or any educational or employment decision, or 
• The conduct substantially interferes with a student's educational performance, or creates an intimidating or hostile educational or employment environment. 

Examples of Sexual Harassment: 

• Pressuring a person for sexual favors 
• Unwelcome touching of a sexual nature 
• Writing graffiti of a sexual nature 
• Distributing sexually explicit texts, e-mails, or pictures 
• Making sexual jokes, rumors, or suggestive remarks 
• Physical violence, including rape and sexual assault

How do I report sexual harassment? 

You can report sexual harassment to any school staff member or to the district's Title IX Officer: Christine Del Pozo, 360-629-1213. 

For a copy of your district’s Sexual Harassment policy and procedure, contact your school or district office. 

Non-discrimination policy: 

The Stanwood-Camano School District does not discriminate in employment, programs, or activities on the basis of sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity, disability, or the use of a trained dog guide or service animal and provides equal access to the Boy Scouts and other designated youth groups. Inquiries regarding compliance and/or grievance procedures may be directed to the District's Title IX/Affirmative Action Officer and Civil Rights Compliance Coordinator, Christine Del Pozo (cdelpozo@stanwood.wednet.edu), or the Section 504/American Disabilities Act Coordinator, Robert Hascall (rhascall@stanwood.wednet.edu) Stanwood-Camano School District, 26920 Pioneer Hwy, Stanwood, WA 98292. Telephone: (360) 629-1200. 

El Distrito Escolar de Stanwood-Camano School District no discrimina en sus programas o actividades por motivos de sexo, raza, credo, religión, color, origen nacional, edad, condición de veterano de guerra o grado militar, orientación sexual, expresión de género o identidad, discapacidad o uso de perro guía entrenado o animal de servicio, y ofrece igualdad de acceso a los Boy Scouts y a otros grupos de jóvenes especificados. El empleado mencionado a continuación ha sido designado para atender consultas y quejas de supuesta discriminación: Título IX / Oficial de Acción Afirmativa y Coordinador de Cumplimiento de Derechos Civiles, Christine Del Pozo (cdelpozo@stanwood.wednet.edu), o la Sección 504 / Coordinador de la Ley de Discapacidades Estadounidenses, Robert Hascall (rhascall@stanwood.wednet.edu), Distrito Escolar Stanwood-Camano, 26920 Pioneer Hwy, Stanwood, WA 98292. Teléfono: (360) 629- 1200. 

WHAT IS DISCRIMINATION? 

Discrimination is the unfair or unequal treatment of a person or a group because they are part of a defined group, known as a protected class. Discrimination can occur when a person is treated differently, or denied access to programs, services or activities because they are part of a protected class. Discrimination can also occur when a school or school district fails to accommodate a student or employee’s disability. Harassment (based on protected class) and sexual harassment can be forms of discrimination when it creates a hostile environment. 

What is a Protected Class? 

A protected class is a group of people who share common characteristics and are protected from discrimination and harassment by federal and state laws. Protected classes defined by Washington State Law include: 

• Sex 
• Race/Color 
• Creed/Religion 
• National origin 
• Disability or the use of a trained dog guide or service animal 
• Sexual orientation 
• Gender expression or identity
• Honorably discharged veteran or military status 

What should I do if I believe my child is being discriminated against? You should report your concerns to your child’s teacher or principal immediately! This will allow the school to respond to the situation as soon as possible. 

If you cannot meet with the teacher or principal, you can always contact your school district’s main office. Each school district will have someone who is responsible for responding to complaints about discrimination. Sometimes this person is called the Title IX Coordinator or for issues related to disability, the Section 504 Coordinator. 

What if I can’t resolve the problem with the school? 

If you cannot resolve your concern, you may wish to file a complaint with the school district. Anyone can file a complaint with the school district. You can file a formal complaint by writing a letter to your Superintendent that describes what happened and why you think it is discrimination. It is helpful to include what you want the district to do. Your letter must be signed. 

The employee designated by the district to receive complaints will investigate your allegations and provide the superintendent with a written report of the complaint, and the results of the investigation. You and the district may also agree to resolve your complaint in lieu of an investigation. 

The superintendent will send you a written letter within 30 calendar days, which will either deny your allegations or describe the reasonable actions the district will take. The letter will include how to file an appeal with your school board if you do not agree with the Superintendent’s decision. 

Corrective measures must occur no later than 30 calendar days of the superintendent’s letter. 

What if I don’t agree with the superintendent’s decision or no one responds to my letter?

Your next step is to appeal to the school board. You can file an appeal by writing a letter to your school board. The letter must include the part of the superintendent’s written decision that you would like to appeal and what you want the district to do. Your letter must be filed with the Secretary of your School Board by the 10th calendar day after you received the superintendent’s response letter. 

The school board will schedule a hearing within 20 calendar days after they receive your appeal letter. You may also all agree on a different date. 

What will happen at the hearing? 

You will explain why you disagree with the superintendent's decision. You may bring witnesses or other information that is related to your appeal. 

The board will send you a copy of their decision within 10 calendar days after the hearing. The decision will include how to appeal to the Office of Superintendent of Public Instruction if you disagree.

What if I don’t agree with the School Board’s decision? 

You may appeal the school Board’s decision to the Office of Superintendent of Public Instruction (OSPI). 

You can file an appeal by writing a letter to the Superintendent of Public Instruction. The letter must include the part of the school board’s decision that you would like to appeal and what you want the district to do. 

Your signed letter must be received by OSPI by the 20th calendar day of receiving the school board’s decision. It can be hand-delivered or mailed to: 

OSPI 
Administrative Resource Services 
P.O. Box 47200 
Olympia, WA 98504-7200 
Phone (360) 725-6133 

OSPI will schedule a hearing with an Administrative Law Judge through the Office of Administrative Hearings (OAH). During this process you will be provided information about the hearing. 

At the hearing you will explain why you disagree with the school board’s decision. You may bring witnesses or other information that is related to your appeal. After the hearing, you will receive a copy of the judge’s decision. 

 

STUDENT RIGHTS 

1. No student shall be unlawfully denied an equal educational opportunity or be unlawfully discriminated against because of national origin, race, religion, economic status, sex, pregnancy, marital status, previous arrest, previous incarceration or a physical, mental, or sensory handicap. 
2. All students possess the constitutional right to freedom of speech and press, the constitutional right to peaceably assemble and to petition the government and its representatives for a redress of grievances, the constitutional right to the free exercise of religion and to have their schools free from sectarian control or influence, subject to reasonable limitations upon the time, place, and manner of exercising such right. 
3. All students shall possess the constitutional right to be secure in their persons, papers, and effects against unreasonable searches and seizures. 
4. All students shall have the right to be free from unlawful interference in their pursuit of an education while in the custody of a common school district. 
5. No student shall be deprived of the right to an equal educational opportunity in whole or in part by a school district without due process of law. 

The foregoing enumeration of rights shall not be construed to deny or disparage other rights set forth in the constitution and the laws of the state of Washington or the rights retained by the people. 

STUDENT RESPONSIBILITIES 

It is the mission of the Stanwood-Camano School District to provide a learning environment that facilitates the opportunity to gain skills, acquire knowledge, and develop attitudes that will allow them to function as contributing citizens. In order to reach this goal, every student must take a personal responsibility to: 

• Make a determined effort to learn
• Attend classes every day on time, ready to go to work and with the necessary learning materials, books, pencils, etc. 
• Respect the rights of others 
• Refrain from expressing personal prejudices against any individual or group ● Follow the instructions of teachers and other school staff 
• Know and obey the rules of the school district and individual school
• Classroom conduct: Each teacher regulates conduct within his or her own classroom. Students are expected to comply with classroom expectations and reasonable requests of the teacher. Students that disrupt the educational process in a classroom will be removed by the teacher and sent to an administrator. 
• Accept reasonable consequences for breaking school rules 
• Identify him or herself if asked by school staff 
• Students are expected to behave in a way that protects the safety and well-being of others. Students are to respect the rights of teachers and students in the classroom and common areas. Students are not to be out of class unless identified as a TA or have their hall pass.
• Respect the property of other people and of the school 
• Visitors/Guests must check-in at the Main Office – not checking in may result in criminal trespassing charges. Student visitors are not allowed on campus during the school day; this includes lunches. Exceptions to this rule may be made by request to the principal. 
• Remain on campus throughout the day. Parking lots are closed and being in them during school hours is an out-of-bounds violation, unless permission is granted by an administrator or security officer. 
• Dress appropriately in ways that will not cause safety or health problems or disruptions, specifically: 
  • Clothing that could be considered racist, sexist, or in some manner insults other students or promotes hate is not allowed for example Playboy logos and drug and alcohol logo/marketing. 
  • Clothing advertising alcohol or other controlled substances, including tobacco products is not allowed 

Students need prior parental/guardian permission to leave campus. After parental/guardian permission is received from parents/guardians, student may check out of school through the Attendance Office.