3210 - Nondiscrimination

The Richland School District (the “District”) is committed to complying with anti-discrimination laws. 

Definition 

“Protected status” is short for the phrase “sex, race, ethnicity, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, homelessness, immigration or citizenship status, the presence of any sensory, mental, or physical disability, neurodivergence, 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, ethnicity, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, homelessness, immigration or citizenship status, the presence of any sensory, mental, or physical disability, neurodivergence, or the use of a trained dog guide or service animal by a person with a disability. 
2. The name or title, office address, and telephone number of the employee designated as the compliance officer under this policy, the Section 504 Coordinator, and the Title IX Coordinator. 
3. The District will provide equal access to school facilities to all designated youth groups listed in Title 36 of the United States Code as a patriotic society. 

The District’s nondiscrimination statement will be included in all 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 Policy 3205. 

Model Student Handbook Language 

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

Discriminatory Harassment 

Students have the 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 the 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/guardians, 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 policy, 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 provide training to administrators and certificated and classroom personnel regarding their responsibilities under this policy and chapter 392-190 WAC. The training will aim to raise awareness of and eliminate bias and discrimination based on sex, race, ethnicity, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, homelessness, immigration or citizenship status, the presence of any sensory, mental, or physical disability, neurodivergence, or the use of a trained dog guide or service animal by a person with a disability. 

Retaliation Prohibited 

The district will not intimidate, threaten, coerce, or discriminate against any individual who seeks to secure their rights under this policy 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 policy 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. 

Anyone may file a complaint with the Richland School District (the “District”) alleging that the District has violated anti-discrimination laws. This complaint procedure is designed to assure that the resolution of real or alleged violations are directed toward a just solution that is satisfactory to the Complainant, the administration and the District’s Board of Directors (the “Board”). As used in this procedure: 

1. Grievance means a complaint which has been filed by a Complainant relating to alleged violations of any state or federal anti-discrimination laws. 
2. Complaint means a written charge alleging specific acts, conditions or circumstances, which are in violation of the anti-discrimination laws. The time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint. However, a complaint filing deadline may not be imposed if the Complainant was prevented from filing due to: 1) Specific misrepresentations by the District that it had resolved the problem forming the basis of the complaint; or 2) Withholding of information that the District was required to provide under WAC 392-190-065 or WAC 392-190-005. Complaints may be submitted by mail, fax, e-mail or hand-delivery to any district, school or to the District’s compliance officer responsible for investigating discrimination complaints. Any district employee who receives a written complaint that meets these criteria will promptly notify the compliance officer. 
3. Respondent means the person alleged to be responsible or who may be responsible for the violation alleged in the complaint. 

The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint. To this end, specific steps will be taken. The District is prohibited by law from intimidating, threatening, coercing or discriminating against any individual for the purpose of interfering with their right to file a grievance under this policy and procedure and from retaliating against an individual for filing such a grievance. 

A. Informal Process for Resolution

Anyone with an allegation of discrimination may request an informal meeting with the compliance officer or designated employee to resolve their concerns. Such a meeting will be at the option of the Complainant. If unable to resolve the issue at this meeting, the Complainant may submit a written complaint to the compliance officer. During the course of the informal process, the District must notify Complainant of their right to file a formal complaint. 

B. Formal Process for Resolution 

Level One: Complaint to District

The written complaint must set forth the specific acts, conditions or circumstances alleged to be in violation. Upon receipt of a written complaint, the compliance officer will provide the Complainant a copy of this procedure. The compliance officer or their designee will investigate the allegations within 30 calendar days. 

The District and Complainant may agree to resolve the complaint in lieu of an investigation. The officer shall provide the superintendent with a full written report of the complaint and the results of the investigation. 

The superintendent or designee will respond to the Complainant with a written decision as expeditiously as possible, but in no event later than 30 calendar days following receipt of the written complaint, unless otherwise agreed to by the Complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the District will notify the Complainant in writing of the reason for the extension and the anticipated response date at the time the District responds to the Complainant, the District must send a copy of the response to the office of the superintendent of public instruction (OSPI). 

The decision of the superintendent or designee will include: 1) a summary of the results of the investigation; 2) whether the District has failed to comply with anti-discrimination laws; 3) if non-compliance is found, corrective measures the District deems necessary to correct it; and 4) notice of the Complainant’s right to appeal to the Richland School District’s Board of Directors (the “Board”) and the necessary filing information. The superintendent’s or designee’s response will be provided in a language the Complainant can understand and may require language assistance for Complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964. 

Any corrective measures deemed necessary shall be instituted as expeditiously as possible, but in no event later than 30 calendar days following the superintendent's mailing of a written response to the complaining party unless otherwise agreed to by the complainant. 

Level Two – Appeal to the Board of Directors 

If a Complainant disagrees with the superintendent’s or designee’s written decision, the Complainant may appeal the decision to the Board by filing a written notice of appeal with the secretary of the Board within ten (10) calendar days following the date upon which the Complainant received the response. 

The Board shall schedule a hearing to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the Complainant and the superintendent or for good cause. Both parties shall be allowed to present such witnesses and testimony as the Board deems relevant and material. Unless otherwise agreed to by the Complainant, the Board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the Complainant with a copy of the decision. The decision of the Board will be provided in a language the Complainant can understand, which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act. The decision will include notice of the Complainant’s right to appeal to the OSPI and will identify where and to whom the appeal must be filed. The District will send a copy of the appeal decision to the OSPI. 

Level Three - Complaint to the OSPI

If a Complainant disagrees with the decision of the Board, or if the District fails to comply with this procedure, the Complainant may file a complaint with OSPI. 

A complaint must be received by OSPI on or before the twentieth (20) calendar day following the date upon which the Complainant received written notice of the Board’s decision, unless the OSPI grants an extension for good cause. Complaints may be submitted by mail, fax, electronic mail, or hand delivery. A complaint must be in writing and include: 1) A description of the specific acts, conditions or circumstances alleged to violate applicable anti-discrimination laws; 2) The name and contact information, including address, of the Complainant; 3) The name and address of the school district subject to the complaint; 4) A copy of the District’s complaint and appeal decision, if any; and 5) A proposed resolution of the complaint or relief requested. If the allegations regard a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information. 

Upon receipt of a complaint, the the OSPI may initiate an investigation, which may include conducting an independent on-site review. The OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board. Following the investigation, the OSPI will make an independent determination as to whether the District has failed to comply with RCW 28A.642.010 or Chapter 392-190, WAC and will issue a written decision to the Complainant and the District that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the District must provide to demonstrate that corrective action has been completed. 

All corrective actions must be completed within the timelines established by the OSPI in the written decision unless the OSPI grants an extension. If timely compliance is not achieved, the OSPI may take action including but not limited to referring the District to appropriate state or federal agencies empowered to order compliance. 

A complaint may be resolved at any time when, before the completion of the investigation, the District voluntarily agrees to resolve the complaint. The OSPI may provide technical assistance and dispute resolution methods to resolve a complaint. 

Level Four - Administrative Hearing 

A Complainant or school district that desires to appeal the written decision of the OSPI may file a written notice of appeal with the OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. The OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW. 

C. Mediation 

At any time during the discrimination complaint procedure set forth in WAC 392-190-065 through 392-190-075, a district may, at its own expense, offer mediation. The Complainant and the District may agree to extend the discrimination complaint process deadlines in order to pursue mediation. 

The purpose of mediation is to provide both the Complainant and the District an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator. Mediation must be voluntary and requires the mutual agreement of both parties. It may be terminated by either party at any time during the mediation process. It may not be used to deny or delay a Complainant’s right to utilize the complaint procedures. 

Mediation must be conducted by a qualified and impartial mediator who may not: 1) Be an employee of any school district, public charter school, or other public or private agency that is providing education related services to a student who is the subject of the complaint being mediated; or 2) Have a personal or professional conflict of interest. A mediator is not considered an employee of the school district or charter school or other public or private agency solely because he or she serves as a mediator. 

If the parties reach agreement through mediation, they may execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during the course of mediation will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing or civil proceeding. The agreement must be signed by the Complainant and a district representative who has authority to bind the District. 

D. Preservation of Records

The files containing copies of all correspondence relative to each complaint communicated to the District and the disposition, including any corrective measures instituted by the District, will be retained in the office of the compliance officer for a period of six years. 

Discrimination Inquiry Form