91�Թ���

At 91�Թ��� Public Schools, all students and staff have the right to learn and work in an environment that is free of sexual harassment and other forms of discrimination that is based on sex, gender, gender expression, and sexual orientation. This webpage discusses harassment and discrimination based on sex, gender, and sexual orientation*.����

*Discrimination based on other protected class (race, creed, religion, color, national origin, age, veteran or military status, disability, or the use of a trained guide dog or service animal) can be found on our nondiscrimination webpage ��or in Policy 3210 (English) (Policy 3210 Spanish) and Procedure 3210P (English) (Procedure 3210 P Spanish) (students) or policy 5010��and procedure 5010��(staff).

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Our School District Stands Against Sexual Harassment��

What is Sexual Harassment?��

Sexual harassment is any unwelcome conduct or communication that is sexual in nature and substantially interferes with a student’s educational performance or creates an intimidating or hostile environment. Sexual harassment can also occur when a student is led to believe they must submit to unwelcome sexual conduct or communication to gain something in return, such as a grade or a place on a sports team.��

Examples of sexual harassment can include pressuring a person for sexual actions or favors; unwelcome touching of a sexual nature; graphic or written statements of a sexual nature; distributing sexually explicit texts, e-mails, or pictures; making sexual jokes, rumors, or suggestive remarks; and physical violence, including rape and sexual assault.��

Our schools do not discriminate based on sex and prohibit sex discrimination in all of our education programs and employment, as required by Title IX and state law.��

Title IX of the Education Amendments of 1972, often referred to as “Title IX”, is a Federal civil rights law that prohibits the discrimination based on sex in educational programs.����

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under an education program or activity receiving federal financial assistance…”��

Title IX, 20 U.S.C. §1681��

Title IX has undergone periodic regulatory updates since 1972, most notably in 2020, 2024, and again in January 2025 when the 2024 Title IX regulations were vacated and 2020 regulations were reinstated. The current Title IX regulations focus on the prevention and response to sexual harassment in educational programs and activities.����

In addition to Federal Title IX law, the district also follows Washington State law related to harassment and discrimination based on protected class, including sex, gender, gender expression, and sexual orientation, in compliance with and . ��

 

How is Sexual Harassment defined?

Under State law, , the term “sexual harassment” means unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature if:��

1. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education or employment.����
2. 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
3. That conduct or communication has the purpose or effect of substantially interfering with an individual’s educational or work performance, or of creating an intimidating, hostile or offensive educational or work environment. ��

Under State law, a “hostile environment” has been created for a student when the harassing conduct is sufficiently severe, persistent, or pervasive that it limits or denies a student’s ability to participate in or benefit from a school district’s offerings, including any educational program or activity. The more severe the conduct, the less need there is to demonstrate a repetitive series of incidents. In fact, a single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe, violent or egregious. ��

Under Federal Title IX regulations, the term “sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:��

1. An employee of the district conditioning the provision of an aid, benefit or service on an individual’s participation in unwelcome sexual conduct.��
2. Conduct that creates a “hostile environment,” meaning unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the education program or activity; or
3. “Sexual assault,” as defined in 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 34 U.S.C. § 12291(a)(30).����

To review the district’s Sexual Harassment Policy 3205(English) (Policy 3205 Spanish) and Procedure 3205P (English), (Procedure 3205P Spanish) visit Policies and Procedures – 91�Թ��� Public Schools.

 

Our School District is Gender-Inclusive��

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

To review the district’s Gender-Inclusive Schools Policy 3211(English) (Policy 3211 Spanish) and Procedure 3211P(English), (Procedure 3211P Spanish) visit Policies and Procedures – 91�Թ��� Public Schools.��If you have questions or concerns, please contact the Gender-Inclusive Schools Coordinator: Janis Velasquez Farmer,����

janis.velasquezfarmer@bellinghamschools.org, 360-676-6532��

 

Our School District 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 based on sex, gender, gender expression, or sexual orientation?��

Discriminatory harassment based on sex, gender, gender expression, or sexual orientation 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.��

To review the district’s Nondiscrimination Policy 3210(English) (Nondiscrimination Policy 3210 Spanish) and Procedure 3210 (English), (Procedure 3210 Spanish) visit Policies and Procedures – 91�Թ��� Public Schools.��

 

What should my school do about discriminatory and sexual harassment?��

When a school becomes aware of possible discriminatory or sexual harassment, it must take prompt and appropriate action to investigate and end the harassment. The school must address any effects the harassment had on the student at school, including eliminating the hostile environment, and make sure that the harassment does not happen again.����

School staff will notify the Civil Rights Coordinator or Title IX Coordinator, and supportive measures will be discussed.����

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available and without fee or charge to all parties. They are designed to restore or preserve access to the district’s education program or activity without unreasonably burdening the other party. Supportive measures may include, but are not limited to:��

• Developing a safety plan��

• Modification of class schedules or restrictions on contact between the parties��

• Student or staff training��

• Facilitated discussion between parties, either in writing or face to face, if all parties agree��

If the reported allegation may include criminal misconduct, these situations will be reported to law enforcement and suspected child abuse will be reported to law enforcement or Child Protective Services.����

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.��

 

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

Talk to a Coordinator and/or submit a written complaint. The following employee(s) has been designated to handle questions and complaints of alleged discrimination and harassment:��

• Title IX Coordinator: Laura Cardinal laura.cardinal@bellinghamschools.org, 360-676-6455��

• Civil Rights Coordinator: Keith Schacht, keith.schacht@bellinghamschools.org, 360-676-2787��

• 504 Coordinator: Keith Schacht, Civil Rights Coordinator, keith.schacht@bellinghamschools.org, 360-676-2787��

• Gender Inclusive Schools Coordinator: Janis Velasquez Farmer, janis.velasquezfarmer@bellinghamschools.org, 360-676-6532��

To contact by postal mail for all of the above, use the following address: 1985 Barkley Blvd. 91�Թ���, WA 98226��

To submit a written complaint, describe the conduct or incident that may be discriminatory or harassing and send it by mail, fax, email, or hand delivery to the school principal, district superintendent, or the appropriate Coordinator identified above. Submit the complaint as soon as possible for a prompt investigation, and within one year of the conduct or incident*.����

*Under Title IX regulations, conduct or incidents that may constitute sexual harassment that occurred greater than one year from date of complaint may still be opened for investigation.������

 

What happens after I file a formal discrimination complaint based on sex, gender, gender expression or sexual orientation (or other protected class)?��

The Civil Rights Coordinator will give you a copy of the school district’s discrimination complaint procedure. The Civil Rights Coordinator 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, the Civil Rights Coordinator will notify you 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����

• Notice about how you can appeal the decision��

 

What happens after I file a formal sexual harassment complaint?��

The Title IX Coordinator will give you a copy of the school district’s sexual harassment complaint procedure and ensure that supportive measures are in place. The Title IX Coordinator will review all submitted complaints to determine if it meets the criteria for a Title IX and/or WA State complaint and will keep you informed of all applicable processes. The Title IX Coordinator 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, the Title IX Coordinator will notify you in writing with the anticipated date for their response. The Title IX Coordinator will keep you informed of the steps in the process based on state and/or federal regulations, including investigation procedures, informal resolution procedures, review of evidence (if applicable), timelines, decision making, disciplinary sanctions, remedies, and appeal processes. A detailed explanation of procedural steps can be found in Procedure 3205P (English)(Procedure 3205P Spanish)

 

What are the next steps if I disagree with the outcome?��

If you do not agree with the outcome of your complaint, you may appeal the decision to the Superintendent and the decision-maker for the appeal will be the district’s Discipline Appeal Council. If you do not agree with the appeal decision, you may file a complaint with the Office of Superintendent of Public Instruction (OSPI). More information about this process, including important timelines, is included in the district’s Nondiscrimination Procedure (3210P) (Nondiscrimination Procedure 3210PSpanish) and Sexual Harassment Procedure (3205P). (Sexual Harassment Procedure 3205P Spanish)

 

I already submitted a Harassment, Intimidation, and Bullying (HIB) complaint but I think it might be related to a protected class or sexual harassment – what will my school do?��

Harassment, intimidation, or bullying (HIB) can also be discrimination if it’s related to a protected class or it can include sexual harassment. If you give your school a written report of HIB that involves discrimination based on protected class, such as sex, gender, gender expression, or sexual orientation, your school will notify the Civil Rights Coordinator. If your HIB includes information that may constitute sexual harassment, your school will notify the Title IX Coordinator. The school district will investigate the complaint using applicable procedures such as the Nondiscrimination Procedure (3210P English) (3210P Spanish), Sexual Harassment (3205P English) (3205P Spanish) and the HIB Procedure (3207P English) (3207P Spanish) to fully resolve your complaint.��

 

Who else can help with Discrimination or Sexual Harassment 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: ����

• 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: ����

• Email: orc@ed.gov����

• Phone: 800-421-3481��

 

Title IX required training information

The 2020 Title IX regulations required each school district or educational service agency to make publicly available on their website all materials used to train Title IX Coordinators, Investigators, Decisionmakers, and any person who facilitates and informal resolution process.����

The BPS Title IX Coordinator, Investigators, Decisionmakers, and those involved in informal resolution processes are trained in accordance with Procedure 3205P. You may access the training materials used to train current members of the BPS Title IX team here.��