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 schools’ process for responding to it.

What is HIB?

HIB is any intentional electronic, written, verbal, or physical act of a student that:

• Physically harms another student or damages their property;
• Has the effect of greatly interfering with another student’s education; or,
• Is so severe, persistent, or significant that it creates an intimidating or threatening education environment for other students.

HIB generally involves an observed or perceived power imbalance and is repeated multiple times or is highly likely to be repeated. HIB is not allowed, by law, in our schools.

How can I make a report or complaint about HIB?

Talk to any school staff member. (Consider starting with whoever you are most comfortable with!) You may use our district’s reporting form to share concerns about HIB, but reports about HIB can be made in writing or verbally. 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 who supports prevention and response to HIB: Dani Mundell, DMundell2@everettsd.org, 425-385-4260.

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.

Also, the school must 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 five 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 HIB Compliance Officer or the staff member leading the investigation must provide you with the outcomes of the investigation within two 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; and
• 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 against the decision and include any additional information regarding the complaint to the superintendent, or the person assigned to lead the appeal, and then to the school board.

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.

For more information about the HIB complaint process, including important timelines, please see the district’s HIB webpage or the district’s HIB Policy 3204 and Procedure 3204P.

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.

Click on the links to review the district’s Nondiscrimination Policy 3210 and Procedure 3210P.

What is sexual harassment?

Sexual harassment is any unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or verbal or physical conduct or communication of a sexual nature that:

• Conditions the provision of an aid, benefit or service of the district, either explicitly or implicitly, on the student’s participation in such conduct (quid pro quo harassment); and/or

• A reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a student equal access to an education program or activity; and/or
• Has the purpose or effect of substantially interfering with a student’s educational performance, or of creating an intimidating, hostile, or offensive educational environment; and/or
• Constitutes sexual assault as defined in the Clery Act, 20 U.S.C. 1092(f)(6)(A)(v)), dating violence as defined in 34 U.S.C. 12291(a)(10), domestic violence as defined in 34 U.S.C. 12291(a)(8), or stalking as defined in the Violence Against Women Act (“VAWA”), 34 U.S.C. 12291(a)(30).

Under federal and state law, the term sexual harassment may include, but is not limited to: acts of sexual violence; unwelcome sexual or gender-directed conduct or communication that interferes with an individual’s educational performance or creates an intimidating, hostile, or offensive environment; unwelcome sexual advances; unwelcome requests for sexual favors; sexual demands when submission is a stated or implied condition of obtaining an educational benefit; sexual demands where submission or rejection is a factor in an academic, or other school-related decision affecting an individual.

Click the link to review the district’s Sexual Harassment of Students Policy 3205 and Procedure 3205P.

What should my school do about sexual harassment?

When any staff member becomes aware of an incident of sexual harassment, they must immediately inform their building principal, the building Title IX Coordinator or the district’s Title IX/Civil Rights Compliance Officer of such. The school principal or building Title IX Coordinator will immediately inform: 1) the Title IX/Civil Rights Compliance Officer so that the district can appropriately respond to the incident consistent with its own grievance procedures; and if necessary, 2) law enforcement.

In the event of an alleged sexual assault, the principal will notify the targeted student(s) and their parents/guardians of their rights under the district’s sexual harassment policy and procedure and the right to file a criminal complaint and a sexual harassment complaint simultaneously.

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

Talk to a school-based Title IX Coordinator, a counselor, administrator or other trusted adult, or submit a written complaint. You may contact the following school district staff members to report your concerns, ask questions, or learn more about how to resolve your concerns.

Concerns about discrimination based on protected classes other than gender identity or sexual harassment:

Title IX/Civil Rights Compliance Officer: Shawn Bryant, Director Employee Relations, 425-385-4117

sbryant@everettsd.org, PO Box 2098, Everett WA 98213

Concerns about disability discrimination:

Section 504 Coordinator: Dave Peters, Director of Student Services, 425-385-4063, DPeters@everettsd.org, PO Box 2098, Everett WA 98213

Concerns about discrimination based on gender identity:

Gender-Inclusive Schools Coordinator: Joi Odom Grant, Director Diversity, Equity, and Inclusion, 425-385-4000, jgrant@everettsd.org, PO Box 2098, Everett WA 98213

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?

You will be provided with a copy of the school district’s applicable discrimination complaint procedure. The Civil Rights Coordinator and District Title IX/Civil Rights Compliance Officer 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, you will be notified 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; and
• 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 have various rights pursuant to the applicable procedure, which may include an appeal of the decision to the superintendent, school board and/or the Office of Superintendent of Public Instruction (OSPI). More information about this process, including important timelines, is included in the district’s Harassment, Intimidation and Bullying Procedure 3204P, the Nondiscrimination Procedure 3210P, and the Sexual Harassment of Students Procedure 3205P.

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

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 Title IX/Civil Rights Compliance Officer. The school district will investigate the complaint using both the Nondiscrimination Procedure 3210P or the Sexual Harassment of Students Procedure 3205P and the HIB Procedure 3204P to fully resolve your complaint.

Who else can help with HIB or Discrimination Concerns?

Office of Superintendent of Public Instruction (OSPI)

All reports must start locally at the school or district level. However, OSPI can assist students, families, communities, and school staff with questions about state law, the HIB complaint process, and the discrimination and sexual harassment complaint processes.

OSPI School Safety Center (For questions about harassment, intimidation, and bullying)

• Website: ospi.k12.wa.us/student-success/health-safety/school-safety-center
• Email: schoolsafety@k12.wa.us
• Phone: 360-725-6068

OSPI Equity and Civil Rights Office (For questions about discrimination and sexual harassment)

• Website: ospi.k12.wa.us/policy-funding/equity-and-civil-rights
• Email: equity@k12.wa.us
• Phone: 360-725-6162

Washington State Governor’s Office of the Education Ombuds (OEO)

The Washington State Governor’s Office of the Education Ombuds works with families, communities, and schools to address problems together so every student can fully participate and thrive in Washington’s K-12 public schools. OEO provides informal conflict resolution tools, coaching, facilitation, and training about family, community engagement, and systems advocacy.

• Website: https://www.oeo.wa.gov/en
• Email: oeoinfo@gov.wa.gov
• Phone: 1-866-297-2597

U.S. Department of Education, Office for Civil Rights (OCR)

The U.S. Department of Education, Office for Civil Rights (OCR) enforces federal nondiscrimination laws in public schools, including those that prohibit discrimination based on sex, race, color, national origin, disability, and age. OCR also has a discrimination complaint process.

• Website: https://www2.ed.gov/about/offices/list/ocr/index.html
• Email: OCR@ed.gov
• Phone: 800-421-3481

Our Schools are Gender-Inclusive

In Washington, all students have the right to be treated consistent with their gender identity at school.

Our schools 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 codes without regard to a student’s gender or perceived gender.
• Protect students from teasing, bullying, or harassment based on their gender or gender identity.

Click to review the district’s Gender-Inclusive Schools Policy 3213 and Procedure 3213P. If you have questions or concerns, please contact the Gender-Inclusive Schools Coordinator: Joi Odom Grant, Director Diversity, Equity, and Inclusion, 425-385-4000, jgrant@everettsd.org, PO Box 2098, Everett WA 98213