Policy Details Page

Policy 5266
Personnel

Purpose
Tacoma School District No. 10 is committed to a positive and productive education and work 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 District, whether that program or activity is in a school facility, on school transportation, or at a class training held elsewhere.

Definitions
For purposes of this policy, sexual harassment means unwelcome conduct sexual advances, requests for sexual favors, sexually motivated physical, verbal or electronic conduct, or communication of a sexual nature if:

Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education or employment; or
Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s education or employment; or
That conduct or communication has the purpose or effect of substantially interfering with an individual’s education or work performance, or of creating an intimidating, hostile, or offensive educational work environment.

Under federal and state law, the term "sexual harassment" includes:

acts of sexual violence;
unwelcome sexual or gender-directed conduct or communications that interferes with an individual's employment performance or creates an intimidation, hostile, or offensive environment;
unwelcome sexual advances;
unwelcome requests for sexual favors;
sexual demands when submission is a stated or implied obtaining work opportunity or other benefit;
sexual demands where submission or rejection is a factor in a work or other school-related decision affecting an individual.

A "hostile environment" for an employee is created when unwelcome sex-based conduct, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it substantially interferes with an employee’s work performance or work environment.

Investigation and Response
If the District knows, or reasonably should know, that sexual harassment has created a hostile environment, the District 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 District 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 District 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 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. Regardless of whether the misconduct is reported to law enforcement, District 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 District 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 District activities. Anyone else who engages in sexual harassment on District property or at school activities will have their access to District 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 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.

Staff Responsibilities
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 and prompt timelines and delineate staff responsibilities under this policy.

Any District employee who witnesses sexual harassment or receives report, informal complaint, or written complaint about sexual harassment is responsible for informing the District's Title IX or Civil Rights Coordinator. All staff are also responsible for directing complainants to the formal complaint process.
Reports of discrimination and discriminatory harassment will be referred to the District’s Title IX or Civil Rights Coordinator. Reports of disability discrimination or harassment will be referred to the District’s Section 504 Coordinator.

Notice and Training
The Superintendent will develop procedures to provide information and education to District staff, parents/guardians, 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 and regular volunteer orientation. This policy and the regulation, which includes the complaint process, will be posted in each District building in a place available to staff, parents/guardians, volunteers, and community members. Information about the policy and regulation will be clearly stated and conspicuously posted throughout each school building, provided to each employee and reproduce in the District handbook. Such notices will identify the District’s Title IX Coordinator and provide contact information, including the coordinator’s email address.

Cross References:
Policy 1600 – Anti-Racism
Policy 5207 – Safety and Civility in the Workplace
Policy 5265 – Nondiscrimination
Policy 5280 – Separation of Employment and Disciplinary Actions

Legal References:
20 U.S.C. 1681 et seq., Title IX of the Education Amendments Act of 1972
RCW 28A.640.020 Regulations, guidelines to eliminate discrimination—Scope
WAC 392-190-056 Sexual Harassment through 058

Adoption Date: 7/27/1980
Revised: 1/10/85; 10/23/86; 10/13/88; 11/8/90; 6/22/95, 10/08/15, 8/24/2017, 6/26/2025