Sex-Based Discrimination and Harassment

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.

Step 1. Write 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.

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).

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: Equity@k12.wa.us 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 OSPI's website, or contact OSPI’s Equity and Civil Rights Office at 360-725-6162/TTY: 360-664-3631 or by e-mail at equity@k12.wa.us.

Other Discrimination Complaint Options:

Office for Civil Rights, U.S. Department of Education
206-607-1600 ǀ TDD: 1-800-877-8339 ǀ OCR.Seattle@ed.gov ǀ OCR Website

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

DISCRIMINATION COMPLAINT PROCEDURES

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

• 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)

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