Complaint Procedures - Discrimination and Sexual Harassment/Students

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Discrimination

The Olympia School District will provide equal educational opportunity and treatment for all students in all aspects of the academic and activities program without discrimination based on race, religion, creed, color, national origin, age, honorably discharged veteran or military status, sex, sexual orientation, gender expression or identity, marital status, 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. The district will provide equal access to school facilities to the Boy Scouts of America and all other designated youth groups listed in Title 36 of the United States Code as a patriotic society. District programs will be free from sexual harassment. Auxiliary aids and services will be provided upon request to individuals with disabilities.


The following employee(s) has been designated to handle questions and complaints of alleged discrimination:

 

Scott Niemann

Affirmative Action Officer and Civil Rights Compliance Coordinator, Knox 111 Administrative Center, 111 Bethel Street NE, Olympia, WA 98506, 360-596 -6185; [email protected]

 

James Whitehead

Title IX Officer, Knox 111 Administrative Center, 111 Bethel Street NE, Olympia, WA 98506, 360-596-8545; [email protected]

 

Autumn Lara

Executive Director of Elementary Education, Knox 111 Administrative Center, 111 Bethel Street NE, Olympia, WA 98506, 360-596-8534; [email protected]

 

Ken Turcotte

Section 504 and ADA Coordinator (Students), Knox 111 Administrative Center, 111 Bethel Street NE, Olympia, WA 98506 360-596-7530; [email protected]

 

You can report discrimination and discriminatory harassment to any school staff member or to the district's Civil Rights Coordinator, listed above. You also have the right to file a complaint (see below). For a copy of your district’s nondiscrimination policy and procedure, contact your school or district office or view it online here: Olympia School District Policy 3210 - Nondiscrimination; Olympia School District Procedures 3210P – Nondiscrimination.

 

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 during a school-sponsored activity.

 

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

     

You can report sexual harassment to any school staff member or to the district's Title IX Officer, who is listed above. You also have the right to file a complaint (see below). For a copy of your district’s sexual harassment policy and procedure, contact your school or district office, or view it online here: Olympia School District Policy 3205 - Sexual Harassment of Student Prohibited; Olympia School District Procedure 3205P – Sexual Harassment of Student Prohibited.

 

Complaint Options: Discrimination and Sexual Harassment

If you believe that you or your child have experienced unlawful discrimination, discriminatory harassment, or sexual harassment at school, you have the right to file a complaint. Before filing a complaint, you can discuss your concerns with your child’s principal or with the school district’s Section 504 Coordinator, Title IX Officer, or Civil Rights Coordinator, who are listed above. This is often the fastest way to revolve your concerns.

 

Complaint to the School District

 

Step 1. Write Our Your Complaint
In most cases, complaints must be filed within one year from the date of the incident or conduct that is the subject of the complaint. A complaint must be in writing. Be sure to describe the conduct or incident, explain why you believe discrimination, discriminatory harassment, or sexual harassment has taken place, and describe what actions you believe the district should take to resolve the problem. Send your written complaint — by mail, fax, email, or hand delivery — to the district superintendent or civil rights compliance coordinator.

Step 2: School District Investigates Your Complaint
Once the district receives your written complaint, the coordinator will give you a copy of the complaint procedure and make sure a prompt and thorough investigation takes place. The superintendent or designee will respond to you in writing within 30 calendar days — unless you agree on a different time period. If your complaint involves exceptional circumstances that demand a lengthier investigation, the district will notify you in writing to explain why staff need a time extension and the new date for their written response.

 

Step 3: School District Responds to Your Complaint

In its written response, the district will include a summary of the results of the investigation, a determination of whether or not the district failed to comply with civil rights laws, notification that you can appeal this determination, and any measures necessary to bring the district into compliance with civil rights laws. Corrective measures will be put into effect within 30 calendar days after this written response — unless you agree to a different time period.

 

Appeal to the School District

If you disagree with the school district’s decision, you may appeal to the school district’s board of directors. You must file a notice of appeal in writing to the secretary of the school board within 10 calendar days after you received the school district’s response to your complaint. The school board will schedule a hearing within 20 calendar days after they received your appeal, unless you agree on a different timeline. The school board will send you a written decision within 30 calendar days after the district received your notice of appeal. The school board’s decision will include information about how to file a complaint with the Office of Superintendent of Public Instruction (OSPI).

 

Complaint to OSPI

If you do not agree with the school district’s appeal decision, state law provides the option to file a formal complaint with the Office of Superintendent of Public Instruction (OSPI). This is a separate complaint process that can take place if one of these two conditions has occurred: (1) you have completed the district’s complaint and appeal process, or (2) the district has not followed the complaint and appeal process correctly. You have 20 calendar days to file a complaint to OSPI from the day you received the decision on your appeal. You can send your written complaint to the Equity and Civil Rights Office at OSPI:

Email: [email protected] ǀ Fax: (360) 664-2967
Mail or hand deliver: PO Box 47200, 600 Washington St. S.E., Olympia, WA 98504-7200
For more information, visit our website, or contact OSPI’s Equity and Civil Rights Office at (360) 725- 6162/TTY: (360) 664- 3631 or by e-mail at [email protected].

 

Other Discrimination Complaint Options

Office for Civil Rights, U.S. Department of Education

(206) 607-1600 ǀ TDD: 1-800-877-8339 ǀ [email protected] ǀ OCR Website

 

Washington State Human Rights Commission

1-800-233-3247 ǀ TTY: 1-800-300-7525 ǀ Human Rights Commission Website

 

Source: OSPI Equity & Civil Rights, Nondiscrimination and Sexual Harassment Language

September 2017