Sex Discrimination of Students Prohibited (Policy)

Purpose

The Washington State School for the Blind (“WSSB”, “School”, “Agency”) is committed to maintaining a working and learning environment for all its employees, students, parents, volunteers and others involved with the Agency, which provides for fair and equitable treatment, including freedom from sex discrimination. This commitment extends to all students and other programs or activities of the school, whether that program or activity is in an agency facility, on School transportation, or at a class training held elsewhere.

WSSB does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in employment. This policy extends to anyone who engages in sex discrimination on Agency property or at Agency activities.

Prohibited Conduct

The Agency may impose disciplinary sanctions up to and including expulsion against a student who has been found responsible for committing, attempting to commit, aiding, abetting, inciting, encouraging or assisting another person to commit or engage in acts of Sex Discrimination, which include Sex-based Harassment.

For the purposes of this policy, the following conduct is prohibited:

1. Sex discrimination.
2. Sex-based Harassment.
3. Sexual Violence.
4. Stalking.
5. Retaliation.

Definitions

For purposes of this policy, the following definitions apply:

1. “Complaint” means a written or oral request that can be objectively understood as a request for the Agency to investigate and make a determination about alleged Sex Discrimination.
2. “Complainant” means the following individuals who have been subjected to alleged conduct that would constitute Sex Discrimination:
   1. A student or employee; or
   2. A person other than a student or employee who was participating or attempting to participate in the Agency’s educational program or activity at the time of the alleged discrimination.
3. “Mandatory reporters” are all School employees. Mandatory reporters are required to report conduct that could reasonably constitute Sex Discrimination to the Title IX Coordinator.
4. “Peer Retaliation” means Retaliation by a student against another student.
5. “Pregnancy or related conditions” means:
   1. Pregnancy, childbirth, termination of pregnancy, or lactation;
   2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
   3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
6. “Program or Program and Activity” means all operations of the Agency.
7. “Respondent” means an individual who has been alleged to have violated the Agency’s policy prohibiting Sex Discrimination.
8. “Retaliation” means intimidation, threats, coercion, or discrimination against any person by the School, a student, or an employee or other person authorized by the School to provide aid, benefit, or service under the School’s education program or activity, for the purpose of interfering with any right or privilege secured by School policies and procedures prohibiting Sex Discrimination, or because the person has reported information, made a Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy, including in an informal resolution process, in the investigation procedures, and any disciplinary proceeding for Sex Discrimination. Nothing in this definition precludes the School from requiring an employee to provide aid, benefit, or service under the School’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing.
9. “Sex discrimination,” which includes Sex-based Harassment, occurs when a Respondent causes a Complainant more than de minimis (insignificant) harm by treating the Complainant differently from other similarly-situated individual(s) based on: 
   1. Sex stereotypes;
   2. Sex characteristics;
   3. Pregnancy or related conditions;
   4. Sexual orientation; or
   5. Gender identity.

Preventing a person from participating in an education program or activity consistent with their gender identity constitutes more than de minimis harm and is prohibited.

10. “Sex-based Harassment” For purposes of this policy, Sex-based Harassment is a type of Sex Discrimination that occurs when a Respondent engages in the following discriminatory conduct on the basis of sex:
    1. Quid pro quo harassment. An employee, agent, or other person authorized by the Agency to provide an aid, benefit, or service under the Agency’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
    2. Hostile environment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
       1. The degree to which the conduct affected the Complainant’s ability to access the recipient’s education program or activity;
       2. The type, frequency, and duration of the conduct;
       3. The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
       4. The location of the conduct and the context in which the conduct occurred; and
       5. Other sex-based harassment in the recipient’s education program or activity.
    3. Sexual violence. Sexual violence includes the following conduct: 
       1. Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without Consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.
       2. Nonconsensual sexual contact (Fondling). Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without Consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
       3. Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren, and adopted children under the age of eighteen (18).
       4. Statutory rape (Rape of a Child). Non-forcible sexual intercourse with a person who is under the statutory age of consent.
       5. Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, coercive control, damage or destruction of personal property, stalking, or any other conduct prohibited under RCW 10.99.020, committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Washington, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Washington, RCW 26.50.010.
       6. Dating violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person (i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors:
          1. The length of the relationship;
          2. The type of relationship; and
          3. The frequency of interaction between the persons involved in the relationship.
    4. Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (i) fear for their safety or the safety of others; or (ii) suffer substantial emotional distress.
11. “Title IX personnel” are the Title IX Coordinator and designees; Investigators; Student Conduct Officers; Employee Disciplinary Officers; and, Decision Makers, at both the hearing and appeal level responsible for administering the Agency’s Sex Discrimination investigation and disciplinary procedure; facilitators of the Informal Sex Discrimination Resolution Process; and any other employees who are responsible for implementing the Agency’s Sex Discrimination investigation and disciplinary procedure for students or employees or have the authority to modify or terminate Supportive Measures.
12. “Title IX Coordinator” is responsible for processing Title IX Complaints and conducting or overseeing formal investigations and informal resolution processes under the Agency’s Sex discrimination investigation and disciplinary procedure.

Investigation and Response

The Agency will take prompt, equitable, and remedial action within its authority every time a report, complaint, and grievance alleging sexual discrimination comes to the attention of the Agency, 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, Agency 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 Agency of its independent obligation to investigate and resolve sex discrimination.

Engaging in sex discrimination will result in appropriate discipline or other appropriate sanctions against offending students involved in Agency activities. Anyone who engages in sex discrimination on Agency property or at Agency activities will have their access to Agency property and activities restricted, as appropriate.

If the Agency knows, or reasonably should know, that sex discrimination has created a hostile environment, the Agency will promptly investigate to determine what occurred and will take appropriate steps to resolve the situation. If an investigation reveals that sexual discrimination has created a hostile environment, the Agency 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.

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 Agency will take appropriate actions to protect involved person from retaliation.

It is a violation of this policy to knowingly report false allegations of sex discrimination. Students found to knowingly report or corroborate false allegations will be subject to appropriate discipline.

Staff Responsibilities

The superintendent or designee 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.

Each staff member is responsible for reporting alleged sex discrimination or sexual harassment to their supervisor or other appropriate school personnel. Staff members who fail to take prompt action to report allegations or violation(s) of this policy may be subject to disciplinary action up to and including termination.

Any Agency employee who witnesses sex discrimination or receives reports, informal complaints, or written complaints about sex discrimination is responsible for informing the Agency’s Director of Human Resources or the Title IX coordinator. All staff are also responsible for directing complainants to the formal complaint procedure.

This policy applies to sex discrimination (including sex-based harassment) targeted at Agency students, employees, or a third party involved in Agency activities, carried out by a student.

Reports of discrimination and discriminatory harassment will be referred to the Agency’s Title IX/Civil Rights Compliance Coordinator. Reports of disability discrimination or harassment will be referred to the Agency’s Section 504 Coordinator. The process for responding to allegations is outlined in the Sex Discrimination of Students investigation procedure.

Notice and Training

The superintendent or designee will develop procedures to provide information and education to Agency staff, parents, and volunteers regarding this policy and the recognition and prevention of sexual harassment. All sex discrimination training materials will be made available for review upon request.

At a minimum, sex discrimination recognition and prevention and the elements of this policy will be included in staff and regular volunteer orientation. The Agency will develop a training program notifying staff of the sex discrimination policy. The program will address the definition of sex discrimination and other issues covered in this policy.

This policy and the procedure, which includes the complaint process, will be posted in each Agency building in a place available to staff, parents, volunteers, and visitors. Information about the policy and procedure will be clearly stated and conspicuously posted throughout each school building and provided to each employee. Such notices will identify the Agency’s Title IX coordinator and provide contact information, including the coordinator’s email address.

Additionally, the following employees will receive training regarding:

1. All Employees – All employees shall undergo training on the following topics:
   1. The definition and scope of Sex Discrimination and Sex-based Harassment under these procedures;
   2. The Agency’s obligation to address Sex Discrimination in its education programs and activities;
   3. Employee responsibility, upon learning of a student’s pregnancy or related condition, to provide the student with the Title IX Coordinator’s contact information and information about available assistance;
   4. Employee obligations to notify the Title IX Coordinator about conduct that may reasonably be Sex Discrimination.
2. Title IX Administrators - In addition to the required training for all employees, Title IX Administrators shall undergo training on the following topics:
   1. The Agency’s grievance procedures for Sex Discrimination and Sex-based Harassment involving a student;
   2. How to conduct an investigation;
   3. How to serve impartially without prejudgment of facts, conflicts of interest, or bias;
   4. Use of technology during an investigation or hearing;
   5. The definition of Relevance as used for purposes of evaluating evidence and questions for purposes of this investigation procedure; and
   6. Effective report writing.
3. Informal Resolution Facilitators - In addition to the required training for all employees and Title IX Administrators, informal resolution facilitators shall undergo training on the procedures for the Agency’s informal resolution process.
4. Title IX Coordinator and Designees – In addition to the required training for all employees and for Title IX Administrators, the Title IX Coordinator and any designees shall undergo training on the following topics:
   1. How to ensure the Agency’s compliance with its Title IX obligations;
   2. How to offer and coordinate supportive measures;
   3. Specific actions to prevent discrimination and ensure equal access upon learning of a student’s pregnancy or related conditions;
   4. The Agency’s recordkeeping system and requirements.

 

Policy Review

The Agency will review the policy internally on an annual basis.

Legal References:

20 U.S.C. §§ 1681-1688