3210 - Nondiscrimination

 

The District is committed to complying with anti-discrimination laws.

 

Definition

“Protected status” is short for the phrase “sex, race, religion, creed, color, national origin, honorably-discharged veteran or military status, sexual orientation, gender expression or identity, , the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal by a person with a disability.” 

 

Nondiscrimination Statement

The District will adopt a nondiscrimination statement that must include the following:

1. Notice that the District may not discriminate in any programs or activities based on sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, the present of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal.
    
2. The name or title, office address, and telephone number of the employee designated as the compliance officer under this regulation, the Section 504 Coordinator, and the Title IX Coordinator.
    
3. Notice that the District will provide equal access to the Boy Scouts of America   and all other youth groups listed in Title 36 of the United States Code as a patriotic society.  

 

The District will include this statement in written announcements, notices, recruitment materials, employment application forms, and other publications made available to all students, parents/guardians or employees. 

The District may combine the statement described above with the notice described in Regulation 3205.

 

Model Student Handbook Language

The District will adopt the model student handbook language described in RCW 28A.300.286 and include the language in any student, parent, employee, and volunteer handbook it or its schools publish and on its and its schools’ websites.

 

Discriminatory Harassment

Students have a right to be free from discriminatory harassment.  The District violates that right if the following conditions are met:

1. The alleged conduct is based on a student’s protected status.
    
2. The alleged conduct creates a hostile environment.  A hostile environment is created if the alleged conduct is sufficiently severe, persistent, or pervasive that it limits or denies a student’s ability to participate in or benefit from the district’s course offerings, including any educational program or activity.  A hostile environment could impact a student’s life in many ways.  Physical illness, anxiety about going to school, or a decline in grades or attendance could signal a hostile environment.
    
3. After receiving notice of the alleged conduct, the district fails to take prompt and appropriate action to investigate it or fails to take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent its recurrence, and remedy its effects as appropriate.  The district has notice of discriminatory harassment if a reasonable employee knew or, in the exercise of reasonable care, should have known about the harassment.  Employees may have notice of discriminatory harassment if they receive an oral report from a student, parent, or other individual; receive a written complaint; witness harassing conduct; or become aware of harassment by members of the community or the media.

Harassing conduct may include verbal acts and name-calling, graphic and written statements, or other conduct that may be physically threatening, harmful, or humiliating.

When the District receives notice of potential discriminatory harassment, it will take prompt and appropriate action to investigate and, as applicable, take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent its recurrence and remedy its effects. Examples of the steps the District might take include imposing discipline, separating individuals, developing a safety plan, offering counseling, and providing additional training and instruction.  These steps will not penalize the student who was harassed.

 

Complaint Procedure

The District will adopt a complaint procedure in accordance with chapter 392-190 WAC.

Annually, the District will publish a notice of the complaint procedure in a way that is reasonably calculated to inform all students, parents, and employees of it.  The District will provide the notice in a language each parent can understand, which may require language assistance in accordance with Title VI of the Civil rights Act of 1964 for those with limited English proficiency.

The District will not adopt any regulation, procedure, or practice that would limit a person’s right to file a complaint under the complaint procedure.

 

Compliance Officer

The superintendent will designate an employee who is responsible for monitoring and coordinating the District’s compliance with chapter 392-190 WAC and the guidelines the Office of the Superintendent of Public Instruction has adopted under WAC 392-190-005.

The compliance officer is responsible for ensuring that all complaints filed under the complaint procedure are promptly investigated and resolved.

 

Training

The District will train all administrators, certificated personnel, and classroom personnel  regarding their responsibilities under this regulation and chapter 392-190-WAC. The training will aim to raise awareness of and to 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.

 

Retaliation Prohibited

The District will not intimidate, threaten, coerce, or discriminate against any individual who seeks to secure their rights under this regulation or chapter 392-190 WAC or because the individual has filed a complaint under the complaint procedure.  Further, the District will not tolerate someone else retaliating against another because they sought to secure their rights under this regulation or chapter 392-190 WAC or because they have filed a complaint under the complaint procedure.

Any person who retaliates will be subject to appropriate discipline.