Management Support Procedure 6590P: Harassment Procedures

Complaint Procedure
It is the intent of the Port Townsend School District to settle complaints at the lowest possible level of formality. Any person who feels he/she is being harassed may consult a building principal, the district superintendent, or the Title IX officer without filing a formal complaint. At any level, each of the parties involved may be accompanied by an advocate of his/her choice. Confidentiality will by preserved where possible. Retaliation toward a complainant is not acceptable behavior and will be severely disciplined.

Instead of or in addition to using the District’s Harassment procedures, an individual may choose to file a claim or seek advice from the Office of Civil Rights, Commission on Human Rights and Opportunities, Women’s Law Center, or civil court. The District is not responsible for any expenses incurred in so doing.

Level 1
If you are being harassed by anyone or anything in the school environment, the first step to take to correct the situation is to tell the person that his/her behavior is offensive and should stop. Behavior that may offend you is often not intended as harassment, and telling the individual(s) that the behavior is offensive and that he/she should stop may resolve the problem. It is suggested that individuals keep personal records of situations which they feel are harassing. You may ask your supervisor to sign and date your personal notes. If confronting the person does not seem possible for you, go on to Level 2.

Level 2 - Informal Hearing
If the matter is not settled between the two parties, or the behavior is dangerous, violent or assaultive, you should notify someone in authority (teacher, principal, Title IX officer, supervisor) of the situation. A supervisor is responsible for investigation and taking corrective or disciplinary action, always starting by questioning the individual, informing him/her of how the behavior is perceived and that it must stop. Identification of the complainant is required only when disciplinary action is taken. This process should be completed within 14 calendar days of the supervisor becoming aware of the situation. The supervisor shall keep a permanent, confidential report in his/her working files. If the matter is not settled to the satisfaction of both parties, either party may go to Level 3 Mediation or file a formal grievance.

Level 3 - Mediation

1. If Level 1 and/or Level 2 have not successfully solved the problem, you may initiate the mediation process by filing the Equity Inquiry Form with the Title IX officer. This provides information on the alleged act(s) of harassment, attempted solution, remedy sought and other relevant facts.
2. Within 7 calendar days of receiving a completed and signed Equity Inquiry Form, the Title IX officer will contact the alleged harasser and determine whether mediation of the complaint is possible.
3. If the alleged harasser is a district employee, the Title IX officer will notify the individual’s supervisor of the complaint.
4. If the persons involved appear willing to resolve the complaint informally, the Title IX officer will offer mediation. Depending on the situation, the Title IX officer may:
   1. bring both persons together to discuss the complaint and mediate resolution;
   2. serve as intermediary; and/or
   3. present a settlement proposal to resolve the complaint for consideration by the persons.
5. If informal resolution does not occur within 21 calendar days from the date a signed and completed Equity Inquiry Form is received by the Title IX officer, formal investigation of the complaint must begin. This 21 day time line may be extended for an additional 21 days by agreement between the persons involved.
6. The Title IX officer will keep a permanent, confidential report of the outcomes of mediation in his/her working files.

Grievance Procedure
It is the intent of the Port Townsend School District to settle complaints at the lowest possible level of formality. Any person who feels he/she is being harassed may consult with a building principal, the district superintendent, or the Title IX officer without filing a formal grievance. At any level, either of the parties involved may be accompanied by an advocate of his/her choice. Confidentiality will be preserved where possible. Retaliation toward a complainant is not acceptable behavior and will be severely disciplined.

Instead of or in addition to using the District’s Harassment procedures, an individual may choose to file a claim or seek advice from the Office of Civil Rights, Commission on Human Rights and Opportunities, Women’s Law Center, or civil court. The District is not responsible for any expenses incurred in so doing.

Level 4 - Formal Grievance
If the complaint is not resolved as a result of the mediation or Level 3 is not attempted, either party may file a written grievance with the District Superintendent. The Equity Inquiry Form may be used for this purpose. The Superintendent or designee will conduct a formal investigation and hearing and report the findings to both parties. The working files of the supervisor and Title IX officer from levels 2 and 3 may be used in the investigation.

1. The superintendent or designee, the supervisor who conducted the informal hearing, and both parties shall attend the formal hearing. The Superintendent or designee shall chair.
2. The written findings of the Superintendent will be reported to both parties within 30 calendar days of receiving the written request.
3. If the grievance is decided for the complainant, corrective measures will be instituted within 30 days.

 Level 5 - Appeal to the Board of Directors
If either party remains aggrieved following the Formal Grievance, he/she may file a written notice of appeal with the chairman of the board of directors, within 15 calendar days following the receipt of the Superintendents response.

The Board shall schedule a hearing to commence within 20 calendar days of the filing of a written notice of appeal. Both parties shall be allowed to present such witnesses and evidence as the board deems relevant and material. The Board shall render a written decision by the 10th day following the termination of the hearing, and shall provide a copy to all parties involved.

Level 6 - Appeal to the Superintendent of Public Instruction
In the event that either party remains aggrieved with the decision of the Board of Directors in connection with any matter which, if established would constitute a violation, the complainant may appeal the Board’s decision to the State Superintendent of Public Instruction.

A notice of appeal must be received by the Superintendent of Public Instruction by the 10th day following the date upon which the aggrieved party received written notice of the Board of Director’s decision.

A notice of appeal must be in writing in the manner required by the Superintendent of Public Instruction and must set forth:

1. A concise statement of the original complaint and the portions of the Board of Director’s decision which are appealed.
2. The suggested recommendations for resolutions or remediations of the alleged complaint set forth in the original statement of complaint.

The Superintendent of Public Instruction will hold a hearing on the appeal within 40 calendar days.

Preservation of Records

The files containing copies of all correspondence relative to the formal Grievance and the disposition, including any corrective or disciplinary measures instituted by the District, shall be retained in the District Personnel Office for a period of 10 years. When the disposition of a grievance between a teacher and a student results in termination of employment, a copy of all relevant files will be forwarded to OSPI.

SEXUAL HARASSMENT IN THE SCHOOL ENVIRONMENT

There are subjects in the field of education that cause discomfort but must be discussed by educators, parents, and students alike. Sexual harassment in the school environment is a widespread problem that demands attention. When a student (male or female) is subjected to unwelcome behavior that is sexual in nature, it is “sexual harassment” and is inappropriate, harmful, and against the law.

WHAT IS THE DEFINITION OF SEXUAL HARASSMENT?
If a person feels uncomfortable, pressured, threatened, or in danger as a result of alleged sexually-related activity, then it is unwelcome and can constitute “harassment”. Although students will have varying levels of tolerance, they can generally determine when seemingly harmless behavior has crossed the line and they are being victimized. Unwelcome sexual advances, requests for sexual favors, unnecessary physical contact, or explicit comments change a professional educator-student or peer relationship into that of harasser-victim. Specific behaviors that could constitute sexual harassment are:

The definition of sexual harassment is based on the premise that educators are expected to be positive role models for and supervisors of students, representing appropriate moral, ethical, and professional behaviors. If their role changes to that of a threatening presence demonstrating power, or a passive observer of harassing behavior, the classroom atmosphere is no longer conducive to effective learning. If an attempt at power or classroom control includes sexual pressures, then the student changes from learner to victim.

The legal guidelines of Title VII of the Civil Rights Act of 1964 (Section 703) focus on employment, and define the potential outcomes of conduct that constitutes harassment:

The conduct “poisons the environment”, creating an offensive, intimidating climate that interferes with work performance.

Submission is a condition of continued employment decisions (promotions, assignments, and so forth).

Title VII is limited to the work place, but guidelines for students have been included in other sources. For example, Title IX of the Education Amendments of 1972 prohibits sexual harassment of students in any part of an educational institution receiving federal funds. Emphasis is on the intent of the law that all students be treated equally, regardless of their gender.

Sexual harassment of students occurs when:
Student evaluation, promotion, opportunities, privileges and other benefits of education are dependent upon submission to harassing behavior, and/or

The conduct interferes with student academic performance and/or creates a hostile academic environment.

All of the above definitions can best be described at “UNWANTED SEXUAL ATTENTION” whether from students, teachers, counselors, administrators, or other school personnel.

WHAT IS IMPORTANT TO REMEMBER ABOUT SEXUAL HARASSMENT?

Educators and students alike may insist that they have never witnessed sexual harassment in their institutions. They may sincerely believe that it is not a problem, at least not in their personal educational environments. But as students have become more informed about their right to pursue an education free from stresses such as sexually-related pressures, they are beginning to speak out about their observations and experiences. Although sexual harassment generally still goes unreported (either because of fear of reprisal, a nonexistent grievance procedure, and/or lack of information about sources of assistance), recent research has revealed it to be a prevalent problem in education. Organizations which have taken the initiative to prevent sexual harassment from occurring are succeeding in avoiding a problem that could result in poor public relations, stressful work settings, and expensive litigation. Most important, educators who recognize the issue and take action are advocating for a fair, comfortable educational climate for students. They are aware that:

• Despite the myths, no one asks for sexual harassment to occur. Descriptions of dress, setting, reputation, and other relationships of the victim are not acceptable explanations for disturbing, sexually-related behavior. Prudent educators understand how to relate to students in a professional manner, and do not abuse their supervisory positions.
• Victims gain very little from fabricating sexual harassment stories. They will undergo questioning, disruption of their studies, and possible accusations of “causing” the harassment to occur. It is such a stressful experience that students often choose not to report the incident. Of course it is necessary to protect the rights of the accused so that the situation can be resolved fairly. A clear grievance procedure should protect all parties.
• Most victims go through a natural period of self-blame. Sexual harassment is an emotional experience, sometimes very frightening for a young person dependent on educators for future success. It is completely normal for victims to question what they could have done personally to protect themselves. They should be told consistently that sexual harassment is a tool used for purposes of embarrassment, intimidation, and control. The harasser is in the wrong-not the victim.
• In many cases, the harasser is engaging in behaviors that he or she never learned were inappropriate. Stereotypical images of men and women perpetuate interactions that stress conflict with the other sex. Certainly ignorance is not an excuse, but harassers may need to be educated and counseled so that they can understand why harassment is a crime and so that they can successfully change their behavior.
• It is the responsibility of every individual in the Port Townsend School District to protect students from sexual harassment and to report to his/her supervisor any incidents that are observed.

I have read the information presented in SEXUAL HARASSMENT IN THE SCHOOL ENVIRONMENT. I understand that if I have questions or need more information now or later about this subject, I should discuss them with my supervisor or on the resources listed on the previous page.

ADOPTED: June 17, 1993
REVISED: January 25, 1999
REVISED: November 24, 2003

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