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