Harassment, Intimidation and Bullying; Discrimination, and Sexual Harassment

Our Schools Protect Students from Harassment, Intimidation, and Bullying (HIB)

Schools are meant to be safe and inclusive environments where all students are protected from Harassment, Intimidation, and Bullying (HIB), including in the classroom, on the school bus, in school sports, and during other school activities. This section defines HIB, explains what to do when you see or experience it, and our school’s process for responding to it.

What is HIB?

State law (RCW 28A.600.477(5)(b)(i)) defines HIB as “any intentional electronic, written, verbal, or physical act including, but not limited to, one shown to be motivated by any characteristic in RCW 28A.640.010 and 28A.642.010 (discrimination based on a protected status) or other distinguishing characteristics, when the intentional electronic, written, verbal, or physical act:

(A) Physically harms a student or damages the student’s property;

(B) Has the effect of substantially interfering with a student’s education;

(C) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or

(D) Has the effect of substantially disrupting the orderly operation of the school.”

HIB often involves one student having, or appearing to have, more power than another student. While HIB often appears as repeated behaviors, it is important to take single serious incidents seriously. It usually happens more than once or is very likely to happen again. HIB is against the law in our schools.

HIB policy only applies to actions between students. It does not cover harassment, intimidation, or bullying of an employee, volunteer, parent/legal guardian, or community member.

How can I make a report about 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. You may also use our district’s reporting form to share concerns about HIB (link to form). 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, Executive Director of Secondary Education, Dr. Lainey Mathews, who supports prevention and response to HIB. Contact information: (253) 566-5600, 3717 Grandview Drive West, University Place, WA 98466, or lmathews@upsd83.org.

What happens after I make a report about 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.

The school must also take actions to ensure that those who report HIB don’t experience retaliation.

What is the investigation process?

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 staff member leading the investigation or the HIB Compliance Officer 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

What are the next steps if I disagree with the outcome?

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 designee to review the investigation. They will send you a written decision.

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.

What information may I have about other students?

Student privacy laws limit what the school can tell you about any intervention or discipline given to another student. You will be told whether HIB was found to have happened and that steps were taken, even if the details of those steps impacting all students involved cannot be shared.

For more information about the HIB complaint process, including important timelines, please see the district’s HIB Policy [3207] and Procedure [3207P], located on the District's website at www.upsd83.org

How do I make a HIB complaint about a staff member?

This process is for concerns about one student harassing, intimidating, or bullying another student. If your concern is about a staff member's behavior, ask your school for information on how to report it.

Our School Stands Against Discrimination

Discrimination can happen when someone is treated differently or unfairly because they are part of a protected class, including their race, color, national origin, sex, gender identity, gender expression, sexual orientation, religion, creed, disability, use of a service animal, or veteran or military status.

What is discriminatory 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 [3210] and Procedure [3210P], visit our district’s website at www.upsd83.org.

What is sexual harassment?

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 [3205] and Procedure [3205P], visit our website at www.upsd83.org.

What should my school do about discriminatory harassment or 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.

What can I do if I’m concerned about discrimination or harassment?

If you are concerned about discrimination or harassment, in most cases, the first person to contact should be your school’s assistant principal or principal. You may also contact the following school district staff members to report your concerns, ask questions, or learn more about how to resolve your concerns.

Concerns about disability discrimination should be made to the district Section 504/FAPE/ADA Officer, Kelly McClure, (253) 566-5600, 3717 Grandview Drive West, University Place, WA 98466. kmcclure@upsd83.org

Concerns, complaints or questions related to any other form of discrimination, should be made to the district Civil Rights Compliance Officer/Affirmative Action Officer, Dr. Lainey Mathews, (253) 566-5600, 3717 Grandview Drive West, University Place, WA 98466. lmathews@upsd83.org

Concerns about sexual harassment should be made to the district Title IX Coordinator, Dr. Lainey Mathews, (253) 566-5600, 3717 Grandview Drive West, University Place, WA 98466. lmathews@upsd83.org

Concerns about discrimination based on gender identity, should be made to the district's Gender Inclusive Schools Coordinator, Dr. Lainey Mathews, (253) 566-5600, 3717 Grandview Drive West, University Place, WA 98466. lmathews@upsd83.org

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.

What happens after I file a discrimination complaint?

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

What are the next steps if I disagree with the outcome?

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

I already submitted an HIB complaint – what will my school do?

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 [3210P] and the HIB Procedure [3207P] to fully resolve your complaint.

In Washington, all students have the right to be treated consistent with their gender identity at school. The district is committed to creating and maintaining a safe, civil, respectful and inclusive learning community for all students regardless of gender expression, gender identity, or sex. Our school will:

• Address students by their requested name and pronouns, with or without a legal name change
• Change a student’s gender designation and have their gender accurately reflected in school records
• Allow students to use restrooms and locker rooms that align with their gender identity
• Allow students to participate in sports, physical education courses, field trips, and overnight trips in accordance with their gender identity
• Keep health and education information confidential and private
• Allow students to wear clothing that reflects their gender identity and apply dress code without regard to a student's gender or perceived gender
• Protect students from teasing, bullying or harassment based on their gender identity

More specific information regarding the district’s Gender-Inclusive Schools Policy [3211] and Procedure [3211P], can be found on our district website at www.upsd83.org. If you have questions or concerns, please contact the Gender-Inclusive Schools Coordinator: Dr. Lainey Mathews, (253) 566-5600, 3717 Grandview Drive West, University Place, WA 98466. lmathews@upsd83.org

For concerns about discrimination or discriminatory harassment based on gender identity or gender expression, please see the information included in the previous section.

Students have the right to learn in schools that follow state law and protect their rights. Willful noncompliance happens when a school district leader or school board member does something—or fails to do something—that they knew, or reasonably should have known, would violate state law. Under ESHB 1296, OSPI is responsible for investigating complaints about willful noncompliance and working to find fair solutions.

These laws include requirements related to:

• Civil rights and nondiscrimination (RCWs 28A.640 and 28A.642)
• Harassment, intimidation, or bullying (RCW 28A.600.477)
• Curriculum requirements and instructional materials policies (RCWs 28A.150.230, 28A.300.475, 28A.320.170, 28A.320.230, and 28A.320.235)
• Use of restraint or isolation (RCW 28A.600.485)
• Student discipline (chapter 28A.600 RCW)

How do I make a complaint about willful noncompliance with state law?

You must first use available complaint processes to try to resolve your concern. This means the available complaint processes start with your school district, even if the school district superintendent or a school board member is the subject of your complaints. School personnel are not allowed to retaliate for making a formal complaint.

If no available complaint processes are available, you must check OSPI's website for other OSPI complaint procedures at How to File a Complaint, and follow any applicable processes. If none exist, or you have completed all other processes, you must send written notice to the district superintendent at least 30 calendar days before filing a complaint with OSPI.

Complaints to OSPI must be submitted within 30 calendar days after a final decision in the local complaint process, when one applies. The complaint must be in writing and include enough information to describe the concern and the actions or failures to act that may be willful noncompliance. You may send the complaint by mail, email, or hand delivery to OSPI.

When OSPI receives a complaint that meets the requirements for investigation, it will open an investigation. OSPI will send you written notice of the allegations under investigation. After the investigation is complete, OSPI will issue written findings to you and your school. These findings will state whether noncompliance occurred and may require the school to take actions to fix the issue.

         Our School is Committed to Safety at School Activities and Events

Washington State wants school activities and events, like athletic competitions, performances, and other extracurricular activities, to be safe for everyone who takes part in them or watches them.

What does state law say?

Washington State law has long banned intimidation, force, and threats of violence at school events. ESB 5272 made those protections stronger. It now also covers officials and volunteers at extracurricular athletic activities, and it has created new consequences for breaking the law. For non-students, if they are convicted of a crime, they may be banned from school activities for up to 18 months, receive a fine, or go to jail for no more than 6 months. For students, other school consequences, including removal from school, may also apply under RCW 28A.600.015.

How is this different from HIB?

This is different from our school's HIB policy, which deals with conduct between students through a school process. ESB 5272 covers more people and more situations and is enforced through criminal law and school discipline procedures instead of the school's HIB process.

The expectations in this section are broader. They apply to everyone at school activities — students, parents, and community members alike — and they cover behavior toward everyone involved, not just students. This section and the HIB section work together but cover different situations.

What should I do if I experience or witness this conduct?

• Call 911 if there is an immediate safety concern
• Report to an event supervisor, school administrator, or other trusted adult as soon as possible. They can connect you with the right support and make sure the right steps are taken
• If a student was the target of the conduct, you may also be able to file a report under our school’s HIB policy — see the HIB section of this handbook for more information

Who can I contact with questions?

• For questions about safety at school events, contact your school principal or athletic director (athletics).
• For questions about whether conduct student-to-student may also be HIB, contact the HIB Compliance Officer: Executive Director of Secondary Education, Dr. Lainey Mathews, who supports prevention and response to HIB. Contact information: (253) 566-5600, 3717 Grandview Drive West, University Place, WA 98466. lmathews@upsd83.org.