AN ACT Relating to
school district sexual harassment policy criteria; and amending RCW
28A.640.020.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28A.640.020 and 1975
1st ex.s. c 226 s 2 are each amended to read as follows:
(1) The
superintendent of public instruction shall develop regulations and guidelines
to eliminate sex discrimination as it applies to public school employment,
counseling and guidance services to students, recreational and athletic
activities for students, access to course offerings, and in textbooks and
instructional materials used by students.
(((1))) (a)
Specifically with respect to public school employment, all schools shall be
required to:
(((a))) (i)
Maintain credential requirements for all personnel without regard to sex;
(((b))) (ii)
Make no differentiation in pay scale on the basis of sex;
(((c))) (iii)
Assign school duties without regard to sex except where such assignment would
involve duty in areas or situations, such as but not limited to a shower room,
where persons might be disrobed((.));
(((d))) (iv)
Provide the same opportunities for advancement to males and females; and
(((e))) (v)
Make no difference in conditions of employment including, but not limited to,
hiring practices, leaves of absence, hours of employment, and assignment of, or
pay for, instructional and noninstructional duties, on the basis of sex.
(((2))) (b)
Specifically with respect to counseling and guidance services for students,
they shall be made available to all students equally. All certificated
personnel shall be required to stress access to all career and vocational
opportunities to students without regard to sex.
(((3))) (c)
Specifically with respect to recreational and athletic activities, they shall
be offered to all students without regard to sex. Schools may provide separate
teams for each sex. Schools which provide the following shall do so with no
disparities based on sex: Equipment and supplies; medical care; services and
insurance; transportation and per diem allowances; opportunities to receive
coaching and instruction; laundry services; assignment of game officials;
opportunities for competition, publicity and awards; scheduling of games and
practice times including use of courts, gyms, and pools: PROVIDED, That such
scheduling of games and practice times shall be determined by local
administrative authorities after consideration of the public and student
interest in attending and participating in various recreational and athletic
activities. Each school which provides showers, toilets, or training room
facilities for athletic purposes shall provide comparable facilities for both
sexes. Such facilities may be provided either as separate facilities or shall
be scheduled and used separately by each sex.
The superintendent of
public instruction shall also be required to develop a student survey to
distribute every three years to each local school district in the state to
determine student interest for male/female participation in specific sports.
(((4))) (d)
Specifically with respect to course offerings, all classes shall be required to
be available to all students without regard to sex: PROVIDED, That separation
is permitted within any class during sessions on sex education or gym classes.
(((5))) (e)
Specifically with respect to textbooks and instructional materials, which shall
also include, but not be limited to, reference books and audio-visual
materials, they shall be required to adhere to the guidelines developed by the
superintendent of public instruction to implement the intent of this chapter:
PROVIDED, That this subsection shall not be construed to prohibit the
introduction of material deemed appropriate by the instructor for educational
purposes.
(2)(a) By December
31, 1994, the superintendent of public instruction shall develop criteria for
use by school districts in developing sexual harassment policies as required
under (b) of this subsection. The criteria shall address the subjects of
grievance procedures, remedies to victims of sexual harassment, disciplinary
actions against violators of the policy, and other subjects at the discretion
of the superintendent of public instruction. Disciplinary actions must conform
with collective bargaining agreements and state and federal laws. The
superintendent of public instruction also shall supply sample policies to
school districts upon request.
(b) By June 30,
1995, every school district shall adopt and implement a written policy
concerning sexual harassment. The policy shall apply to all school district
employees, volunteers, parents, and students, including, but not limited to,
conduct between students.
(c) School district
policies on sexual harassment shall be reviewed by the superintendent of public
instruction considering the criteria established under (a) of this subsection
as part of the monitoring process established in RCW 28A.640.030.
(d) The school
district's sexual harassment policy shall be conspicuously posted throughout
each school building, and provided to each employee. A copy of the policy
shall appear in any publication of the school or school district setting forth
the rules, regulations, procedures, and standards of conduct for the school or
school district.
(e) Each school
shall develop a process for discussing the district's sexual harassment
policy. The process shall ensure the discussion addresses the definition of
sexual harassment and issues covered in the sexual harassment policy.
(f) "Sexual
harassment" as used in this section 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:
(i) Submission to
that conduct or communication is made a term or condition, either explicitly or
implicitly, of obtaining an education or employment;
(ii) 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
(iii) 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.
