3210 – Nondiscrimination
The NWESD 189 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 NWESD 189 will adopt a nondiscrimination statement that must include the following:
- Notice that the NWESD 189 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.
- 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.
- Notice that the NWESD 189 provides equal access to the Boy Scouts of America and any other youth group listed in Title 36 of the United States Code as a patriotic society.
The NWESD 189 will include this statement in written announcements, notices, recruitment materials, employment application forms, and other publications made available to all students, parents, or employees.
The NWESD 189 may combine the statement described above with the notice described in Policy 3205.
Model Student Handbook Language
The NWESD 189 will adopt the model student handbook language described in RCW 28A.300.286 and include the language in any student, parent, employee, and volunteer handbook it or its programs publish and on its and its website.
Discriminatory Harassment
Students have a right to be free from discriminatory harassment. The NWESD 189 violates that right if the following conditions are met:
- The alleged conduct is based on a student’s protected status.
- 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 a student’s ability to participate in or benefit from the NWESD 189’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.
- After receiving notice of the alleged conduct, the NWESD 189 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 NWESD 189 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 NWESD 189 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 NWESD 189 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 NWESD 189 will adopt a complaint procedure in accordance with chapter 392-190 WAC.
Annually, the NWESD 189 will publish a notice of the complaint procedure in a way that is reasonably calculated to inform all students, parents, and employees of it. The NWESD 189 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 NWESD 189 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 the Assistant Superintendent for Operations as who is responsible for monitoring and coordinating the NWESD 189’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 NWESD 189 will train all administrators, certificated personnel, 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 based on sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal.
Retaliation Prohibited
The NWESD 189 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 NWESD 189 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.
First Reading: 04/25/01
Second Reading: 05/23/01
Reviewed: 01/24/07
Revised: 09/26/07
Revised: 03/23/11
Revised: 08/24/11
Revised: 10/24/12
Revised: 01/23/13
Revised: 06/26/13
Revised: 02/25/15
Revised: 10/26/16
Revised: 06/23/21
Revised: 03/24/25
Revised: 08/25/25
Reference:
20 U.S.C. § 7905
42 U.S.C. §§ 12101-12213
Americans With Disabilities Act
RCW 28A.310.180
RCW 28A.310.210
RCW 28A. 640
RCW 28A.642
RCW 49.60
WAC 392-400-215
WAC 392-190
Cross Reference:
Policy 2020
Policy 3205
Policy 3206
Policy 3211
Policy 4260
Date Revised: 8/25/25