Sexual Harassment Policy
It is the policy of the Snohomish School District to maintain a learning and working environment that is free from sexual harassment. Sexual harassment is a form of discrimination which is prohibited under Title IX of the Civil Rights Act. No person shall be subjected to sexual harassment by any individual associated with the Snohomish School District.
Each administrator shall be responsible for promoting understanding and acceptance of, and assuring compliance with, state and federal laws and board policy and procedures governing sexual harassment within his or her school, office, or work area.
1. The legal definition of sexual harassment means unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term of condition of a person’s employment or advancement, or of a student’s participation in school programs or activities;
- Submission to or rejection of such conduct by an employee or student is used as the basis for decisions affecting the employee or student;
- Such conduct has the purpose or effect of unreasonably interfering with an employee’s or student’s performance or creating an intimidating, hostile, or offensive work or learning environment.
2. Sexual harassment can occur adult to student, student to adult, student to student, adult to adult, male to female, female to male, male to male, and female to female.
3. Sexual harassment, as set forth in the above legal definition, may include but is not limited to the following unwelcome actions:
- Staring or leering that has sexual overtones;
- Making sexual comments;
- Making suggestive gestures or actions including touching or rubbing oneself sexually in the presence of another person;
- Telling sexually demeaning jokes, statements, or comments;
- Spreading sexual gossip;
- Making physical contact of a sexual nature, including feigned “accidental” contact as well as pinches, embraces, slaps or pats;
- Applying pressure for sexual activity;
- Displaying pornographic or sexually explicit materials;
- Offering benefits, favors, or rewards in exchange for sexual contact;
- Sending notes and letters, telephone calls or materials of a sexual nature.
The district will take prompt, equitable and remedial action within its authority on reports, complaints and grievances alleging sexual harassment that come to the attention of the district, 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. Persons found to have been subjected to sexual harassment will have appropriate school district services made reasonably available to them and adverse consequences of the harassment shall be reviewed and remedied, as appropriate.
Engaging in sexual harassment will result in appropriate discipline or other appropriate sanctions against offending students, staff and contractors. Anyone else who engages in sexual harassment on school property or at school activities will have access to school property and activities restricted, as appropriate.
Retaliation against any person who makes or is a witness in a sexual harassment complaint is prohibited and will result in appropriate discipline. The district 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.
The superintendent shall develop and implement formal and informal procedures for receiving, investigating and resolving complaints or reports of sexual harassment. The procedures will include reasonable and prompt timelines and delineate staff responsibilities under this policy. All staff are responsible for receiving informal complaints and reports of sexual harassment and informing appropriate district personnel of the complaint or report for investigation and resolution. All staff are also responsible for directing complainants to the formal complaint process.
The superintendent shall develop procedures to provide age-appropriate information and education to district staff, students, parents and volunteers regarding this policy and the recognition and prevention of sexual harassment. At a minimum sexual harassment recognition and prevention and the elements of this policy will be included in staff, student and regular volunteer orientation. This policy shall be posted in each district building in a place available to staff, students, parents, volunteers and visitors. The policy shall be reproduced in each student, staff, volunteer and parent handbook.
The superintendent shall make an annual report to the board reviewing the use and efficacy of this policy and related procedures. Recommendations for changes to this policy, if applicable, shall be included in the report. The superintendent is encouraged to involve staff, students, parents and volunteers in the review process.