5011 – Sexual Harassment of NWESD 189 Staff Prohibited
The NWESD 189 is committed to a positive and productive working environment free from discrimination, including sexual harassment. This commitment extends to all employees and other persons involved in academic, educational, extracurricular, athletic, and other programs or activities of the NWESD 189, whether that program or activity is in a NWESD 189 facility, on program transportation, or at a class training held elsewhere.
Definitions
For purposes of this policy, sexual harassment means unwelcome conduct or communication of a sexual nature. Sexual harassment can occur student to adult, adult to adult or can be carried out by a group of students or adults and will be investigated by the NWESD 189 even if the alleged harasser is not a part of the program staff or student body. The NWESD 189 prohibits sexual harassment of NWESD 189 employees by other students, employees or third parties involved in NWESD 189 activities.
The term “sexual harassment” is defined by the regulations implementing the federal law Title IX of the Education Amendments Act of 1972 at 34 C.F.R. § 106.30.
Under federal and state law, the term “sexual harassment” may include:
- acts of sexual violence;
- unwelcome sexual or gender-directed conduct or communication that interferes with an individual’s employment performance or creates an intimidating, hostile, or offensive environment.
- unwelcome sexual advances;
- unwelcome requests for sexual favors;
- sexual demands when submission is a state or implied condition for obtaining a work opportunity or other benefit;
- sexual demands where submission to or rejection of sexual demands is a factor in a work or other related decision affecting an individual.
A “hostile environment” for an employee is created where the unwanted conduct is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidation, hostile, or abusive.
Investigation and Response
If the NWESD 189 knows, or reasonably should know, that sexual harassment has created a hostile environment, the NWESD 189 will promptly investigate to determine what occurred and will take appropriate steps to resolve the situation. If an investigation reveals that sexual harassment has created a hostile environment, the NWESD 189 will take prompt and effective steps reasonably calculated to end sexual harassment, eliminate the hostile environment, prevent its occurrence and, as appropriate, remedy its effects. The NWESD 189 will take prompt, equitable and remedial action within its authority every time a report, complaint and grievance alleging sexual harassment comes to the attention of the NWESD 189, either formally or informally.
Allegations of criminal misconduct will be reported to law enforcement and suspected child abuse will be reported to law enforcement or Child Protective Services. Regardless of whether the misconduct is reported to law enforcement, school staff will promptly investigate to determine what occurred and take appropriate steps to resolve the situation to the extent that such investigation does not interfere with an on-going criminal investigation. A criminal investigation does not relieve the NWESD 189 of its independent obligation to investigate and resolve sexual harassment.
Engaging in sexual harassment will result in appropriate discipline or other appropriate sanctions against offending staff or third parties involved in school NWESD 189 activities. Anyone else who engages in sexual harassment on school property or at school activities will have their access to school property and activities restricted, as appropriate.
Retaliation and False Allegations
Retaliation against any person who makes, or is a witness in, a sexual harassment complaint is prohibited. The NWESD 189 will take appropriate actions to protect involved persons from retaliation. It is a violation of this policy to knowingly report false allegations of sexual harassment. Persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.
Staff Responsibilities and Training
The Superintendent will develop and implement formal and informal procedures for receiving, investigating, and resolving complaints or reports of sexual harassment. The procedures will include reasonable prompt timelines and delineate staff responsibilities under this policy.
Any staff witnessing or receiving informal complaints and reports of sexual harassment are reasonable for informing appropriate NWESD 189 personnel, including the Compliance Officer, of the complaint or report. All staff are also responsible for directing complainants to the formal complaint process.
This policy applies to sexual harassment (including sexual violence) targeted at NWESD 189 employees carried out by a student, employee, or a third party involved in NWESD 189 activities.
A formal complaint filed by an employee or filed by or on behalf of a student complainant against an employee respondent will be investigated under the definitions, requirements, and procedures of Policy 3205 and Procedure 3205P.
Reports of sex discrimination and sexual harassment will be referred to the NWESD 189’s Compliance Officer. Reports of discrimination based on disability, sexual orientation, gender expression, gender identity, ethnicity, race, creed, color, national origin, religion, homelessness, immigration or citizenship status, the presence of any sensory, mental, or physical disability, neurodivergence, or the use of a trained guide dog or service animal, honorably discharged veteran or military status, or age, or complaints alleging violations of the Boy Scouts of America Act will be referred to the NWESD 189’s Compliance Officer.
Notice and Training
The Superintendent will develop procedures to provide information and education to NWESD 189 staff, parents/guardians, and volunteers regarding this policy and the recognition and prevention of sexual harassment. At minimum, sexual harassment recognition and prevention elements of this policy will be included in staff and regular volunteer orientation. This policy and the procedure, which includes the complaint process, will be conspicuously posted at each NWESD 189 program building and work site in a place available to staff, parents, volunteers, and visitors. It will be provided to each employee and will be reproduced in each staff, volunteer, and parent/guardian handbook. Such notices will identify the NWESD 189 Compliance Officer and contact information, including the Compliance Officer’s email address.
Policy Review
The Superintendent will report to the board, as appropriate, regarding the use and efficacy of this policy and related procedures. Recommendations for changes to this policy, if applicable, will be included in these report(s). The Superintendent is encouraged to involve staff, volunteers, and parents/guardians in the review process, as appropriate.
First Reading: 12/16/87 (as 4150)
Second Reading: 02/26/92 (as 4150)
Revised: 09/27/95 (as 4150)
Revised: 06/27/01 (recodified 6590)
Revised: 12/12/11 (recodified 5011)
Revised: 10/24/12
Revised: 02/25/15
Revised: 09/24/15
Revised: 08/25/21
Revised: 08/22/22
Revised: 09/23/24
Revised: 02/24/25
Revised: 08/25/25
Revised: 02/24/26
Reference:
RCW 28A.310.220
RCW 28A.640.020
WAC 392-190-056-058
29 CFR 1604.11
Cross-Reference:
Policy 3205
Policy 3207
Policy 3210
Policy 3211
Policy 3240
Policy 3421
Policy 5010
Date Revised: 02/24/26