Harassment, Intimidation & Bullying (HIB)

Talk to any school staff member (consider starting with whoever you are most comfortable with!). Reports about HIB can be made in writing or verbally. Your report can be made anonymously, if you are uncomfortable revealing your identity, or confidentially if you prefer it not be shared with other students involved with the report. No disciplinary action will be taken against another student based solely on an anonymous or confidential report.

If a staff member is notified of, observes, overhears, or otherwise witnesses HIB, they must take prompt and appropriate action to stop the HIB behavior and to prevent it from happening again. Our district also has a HIB Compliance Officer (Tory Christensen, Assistant Superintendent of Secondary Education at Tory.Christensen@rsd.edu) that supports prevention and response to HIB.

If you report HIB, school staff must attempt to resolve the concerns. If the concerns are resolved, then no further action may be necessary. However, if you feel that you or someone you know is the victim of unresolved, severe, or persistent HIB that requires further investigation and action, then you should request an official HIB investigation.

Also, the school must take actions to ensure that those who report HIB don’t experience retaliation.

When you report a complaint, the HIB Compliance Officer or staff member leading the investigation must notify the families of the students involved with the complaint and must make sure a prompt and thorough investigation takes place. The investigation must be completed within 5 school days, unless you agree on a different timeline. If your complaint involves circumstances that require a longer investigation, the district will notify you with the anticipated date for their response.

When the investigation is complete, the HIB Compliance Officer or the staff member leading the investigation must provide you with the outcomes of the investigation within 2 school days. This response should include:

• A summary of the results of the investigation
• A determination of whether the HIB is substantiated
• Any corrective measures or remedies needed
• Clear information about how you can appeal the decision

For the student designated as the “targeted student” in a complaint:

If you do not agree with the school district’s decision, you may appeal the decision and include any additional information regarding the complaint to the superintendent, or the person assigned to lead the appeal, and then to the school board.

For the student designated as the “aggressor” in a complaint:

A student found to be an “aggressor” in a HIB complaint may not appeal the decision of a HIB investigation. They can, however, appeal corrective actions that result from the findings of the HIB investigation.

For more information about the HIB complaint process, including important timelines, please see the district’s HIB webpage (www.rsd.edu/district/notifications/harassment-bullying) or the district’s HIB Policy and Procedures 3207.

Harassment, intimidation, or bullying (HIB) can also be discrimination if it’s related to a protected class. If you give your school a written report of HIB that involves discrimination or sexual harassment, your school will notify the Civil Rights Coordinator. The school district will investigate the complaint using both the Nondiscrimination Procedure 3210 and the HIB Procedure 3207 to fully resolve your complaint.

Any student who believes he or she has been the target of unresolved, severe, or persistent harassment, intimidation, bullying, or cyber-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, bullying, or cyber-bullying may report incidents verbally or in writing to any staff member.

Incident Reporting Forms may be used by students, families, or staff to report incidents of harassment, intimidation or bullying of a student. The District’s incident reporting form can be found here: 

Bullying & Harassment Incident Report 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.

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. 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.

b. 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.

c. 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.

All staff are responsible for receiving oral and written reports. Whenever possible staff who initially receive an oral or written report of harassment, intimidation, bullying, or cyberbullying (HIB) 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, bullying, or cyber-bullying, or if the conduct is not directed toward a student, no further action may be necessary under this procedure. If the parties involved are not satisfied with the attempt to resolve the situation, the staff member will notify the HIB Compliance Officer, the parties will be provided with a HIB Incident Report form, and given the opportunity to complete the form, thereby initiation the process for an official HIB investigation.

All reports of unresolved, severe, or persistent harassment, intimidation, or bullying of a student will be recorded on a district Incident Reporting Form and submitted to the principal or designee, once recorded, the principal or designee must communicate with the district HIB compliance officer regarding the complaints.

All reports of unresolved, severe, or persistent harassment, intimidation, bullying, or cyberbullying will be investigated with reasonable promptness. Any student may have a trusted adult with them throughout the report and investigation process.

a. Upon receipt of the Incident Reporting Form that alleges unresolved, severe, or persistent harassment, intimidation, bullying, or cyber-bullying the school or district designee will begin the investigation. If there is a strong probability or immediate physical harm to the complainant, the district will immediately contact law enforcement and inform the parent/guardian.

b. For allegations involving a staff member the Human Resources Department must be involved. These allegations will not be handled under the processes in policy and procedure 3207. Human Resources Departments must include consideration of policy and procedure 3210 – Nondiscrimination of Students, policy and procedure 5010 – Nondiscrimination and Affirmative Action, and other applicable policies and laws, including WAC 392-190-0555.

c. During the course of the investigation, the district will take reasonable measures to ensure that no further incidents of harassment, intimidation, bullying, or cyber-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, targeted student, 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 392-190-065 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 district’s nondiscrimination policy.

d. 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, bullying, or cyber-bullying.

e. In rare cases, where after consultation with the student and appropriate staff 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, bullying, and cyber-bullying.

f. The investigation shall include, at a minimum:

• An interview with the complainant;
• An interview with the targeted student, if different than 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.

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

h. 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 notify the parent/guardian and/or the student with weekly updates.

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

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.

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 complainant 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 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 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 conclusion of the hearing and will provide a copy to all parties involved. The board’s decision will be the final district decision.

The district will take prompt and equitable corrective measures within its authority on findings of harassment, intimidation or bullying of a student. 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.

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

If staff have been found to be in violation of this policy and procedure by not reporting harassment, intimidation, or bullying or not preventing retaliation, school districts may impose employment disciplinary action. 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.

Students 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.

Office of Superintendent of Public Instruction (OSPI)

All reports must start locally at the school or district level. However, OSPI can assist students, families, communities, and school staff with questions about state law, the HIB complaint process, and the discrimination and sexual harassment complaint processes.

OSPI School Safety Center (For questions about harassment, intimidation, and bullying)

• Website: ospi.k12.wa.us/student-success/health-safety/school-safety-center 
• Email: schoolsafety@k12.wa.us
• Phone: 360-725-6068

OSPI Equity and Civil Rights Office (For questions about discrimination and sexual harassment)

• Website: ospi.k12.wa.us/policy-funding/equity-and-civil-rights 
• Email: equity@k12.wa.us
• Phone: 360-725-6162

Washington State Governor’s Office of the Education Ombuds (OEO)

The Washington State Governor’s Office of the Education Ombuds works with families, communities, and schools to address problems together so every student can fully participate and thrive in Washington’s K-12 public schools. OEO provides informal conflict resolution tools, coaching, facilitation, and training about family, community engagement, and systems advocacy. 

• Website: www.oeo.wa.gov 
• Email: oeoinfo@gov.wa.gov 
• Phone: 1-866-297-2597

U.S. Department of Education, Office for Civil Rights (OCR)

The U.S. Department of Education, Office for Civil Rights (OCR) enforces federal nondiscrimination laws in public schools, including those that prohibit discrimination based on sex, race, color, national origin, disability, and age. OCR also has a discrimination complaint process.

• Website: www.ed.gov/OCR
• Email: orc@ed.gov 
• Phone: 1-800-421-3481

Discriminatory harassment can include teasing and name-calling; graphic and written statements; or other conduct that may be physically threatening, harmful, or humiliating. Discriminatory harassment happens when the conduct is based on a student’s protected class and is serious enough to create a hostile environment. A hostile environment is created when conduct is so severe, pervasive, or persistent that it limits a student’s ability to participate in, or benefit from, the school’s services, activities, or opportunities.

To review the district’s Nondiscrimination Policy and Procedure for students 3210 and for staff 5010 visit www.rsd.edu/district/notifications/non-discrimination.

Sexual harassment is any unwelcome conduct or communication that is sexual in nature and substantially interferes with a student’s educational performance or creates an intimidating or hostile environment. Sexual harassment can also occur when a student is led to believe they must submit to unwelcome sexual conduct or communication to gain something in return, such as a grade or a place on a sports team.

Examples of sexual harassment can include pressuring a person for sexual actions or favors; unwelcome touching of a sexual nature; graphic or written statements of a sexual nature; distributing sexually explicit texts, e-mails, or pictures; making sexual jokes, rumors, or suggestive remarks; and physical violence, including rape and sexual assault.

Our schools do not discriminate based on sex and prohibit sex discrimination in all of our education programs and employment, as required by Title IX and state law.

To review the district’s Sexual Harassment Policy and Procedure 3205 or visit www.rsd.edu/district/notifications/sexual-harassment.

When a school becomes aware of possible discriminatory or sexual harassment, it must investigate and stop the harassment. The school must address any effects the harassment had on the student at school, including eliminating the hostile environment, and make sure that the harassment does not happen again.

Talk to a Coordinator or submit a written complaint. You may contact the following school district staff members to report your concerns, ask questions, or learn more about how to resolve your concerns.

Concerns about discrimination and State Compliance:

• Civil Rights Coordinator: Tim Praino, Executive Director of Human Resources: Tim.Praino@rsd.edu

Concerns about sex discrimination, including sexual harassment:

• Title IX Coordinator (Students): Tory Christensen, Assistant Superintendent of Secondary Education: Tory.Christensen@rsd.edu
• Title IX Coordinator (Personnel): Tim Praino, Executive Director of Human Resources: Tim.Praino@rsd.edu

Concerns about disability discrimination:

• Section 504 Coordinator (Students): Dr. Bryan Jones, Assistant Superintendent of Elementary Education: Bryan.Jones@rsd.edu
• Section 504 Coordinator (Personnel): Tim Praino, Executive Director of Human Resources: Tim.Praino@rsd.edu

Concerns about discrimination based on gender identity:

• Gender-Inclusive Schools Coordinator: Tory Christensen, Assistant Superintendent of Secondary Education: Tory.Christensen@rsd.edu

To submit a written complaint, describe the conduct or incident that may be discriminatory and send it by mail, fax, email, or hand delivery to the school principal, district superintendent, or civil rights coordinator. Submit the complaint as soon as possible for a prompt investigation, and within one year of the conduct or incident.

The Civil Rights Coordinator will give you a copy of the school district’s discrimination complaint procedure. The Civil Rights Coordinator must make sure a prompt and thorough investigation takes place. The investigation must be completed within 30 calendar days unless you agree to a different timeline. If your complaint involves exceptional circumstances that require a longer investigation, the Civil Rights Coordinator will notify you in writing with the anticipated date for their response.

When the investigation is complete, the school district superintendent or the staff member leading the investigation will send you a written response. This response will include:

• A summary of the results of the investigation
• A determination of whether the school district failed to comply with civil rights laws
• Any corrective measures or remedies needed
• Notice about how you can appeal the decision

If you do not agree with the outcome of your complaint, you may appeal the decision to the superintendent, then the school board and then to the Office of Superintendent of Public Instruction (OSPI). More information about this process, including important timelines, is included in the district’s Nondiscrimination Procedure 3210 and Sexual Harassment Procedure 3205.