Legal Notices

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.

Talk to any school staff member (consider starting with whoever you are most comfortable with!). You may use our district’s reporting form [Operational Procedure (OP) 3207.1XE] “HIB Incident Reporting Form” to share concerns about HIB (https://ysd7.org/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 (Omar Santoy, Executive Director of Student Services, (509) 573-7260, hib@ysd7.org) that supports prevention and response to 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.

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 5 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 2 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

·   Clear information about how you can appeal the decision

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 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 (https://ysd7.org/hib) or the district’s HIB operational procedure (OP 3207) “Harassment, Intimidation and Bullying of Students Prohibited”.

When a school becomes aware of possible discriminatory or sexual harassment, it must investigate and stop 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.

Talk to a Coordinator 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:
  • Civil Rights Coordinator: Olivia Martinez, Human Resources Labor Relations Program Manager, 104 N. 4th Ave., Yakima, WA 98902, (509) 573-7028, martinez.olivia@ysd7.org.
• CONCERNS ABOUT SEX DISCRIMINATION, INCLUDING SEXUAL HARASSMENT:
  • Title IX Coordinator (Students): Omar Santoy, Executive Director of Student Services, 104 N. 4th Ave., Yakima, WA 98902, (509) 573-7260, santoy.omar@ysd7.org;
    • Deputy Title IX Coordinator (Students): Erin Thomas, Director of Student Services, 104 N. 4th Ave., Yakima, WA 98902, (509) 573-7261, thomas.erin@ysd7.org;
    • Deputy Title IX  Coordinator (Students): Shawn Orminski, Assistant Director of Student Services, 104 N. 4th Ave., Yakima, WA 98902, (509) 573-7263, orminski.shawn@ysd7.org.
  • Title IX Coordinator (Non-Students): Olivia Martinez, Human Resources Labor Relations Program Manager, 104 N. 4th Ave., Yakima, WA 98902, (509) 573-7028, martinez.olivia@ysd7.org.
• CONCERNS ABOUT DISABILITY DISCRIMINATION:
  • Section 504/ADA Coordinator (Students): Omar Santoy, Executive Director of Student Services, 104 N. 4th Ave., Yakima, WA 98902, (509) 573-7260, santoy.omar@ysd7.org.
  • ADA Coordinator (Non-Students): Christopher Miller, Director of Human Resources, 104 N. 4th Ave., Yakima, WA 98902, (509) 573-7066, miller.christopher@ysd7.org.
• CONCERNS ABOUT DISCRIMINATION BASED ON GENDER IDENTITY:
  • Gender-Inclusive Schools Coordinator (Students): Omar Santoy, Executive Director of Student Services, 104 N. 4th Ave., Yakima, WA 98902, (509) 573-7260, santoy.omar@ysd7.org.

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.

The Civil Rights Coordinator will give you a copy of the school district’s discrimination complaint operational 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

If you do not agree with the outcome of your complaint, you may appeal the decision to the Board of Directors and then to the Office of Superintendent of Public Instruction (OSPI). More information about this process, including important timelines, is included in the district’s Nondiscrimination operational procedures (OP 3210) “Discrimination of Students Prohibited” and (OP 5010) “Nondiscrimination and Affirmative Action” and Sexual Harassment operational procedures (OP 3205) “Sexual Harassment of Students Prohibited” and (OP 5011) “Sexual Harassment of District Staff Prohibited”.

Harassment, Intimidation, or Bullying (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 Civil Rights Coordinator. The school district will investigate the complaint using both the Nondiscrimination operational procedure (OP 3210) “Discrimination of Students Prohibited” and the HIB operational procedure (OP 3207) “Harassment, Intimidation and Bullying of Students Prohibited” to fully resolve your complaint. If the HIB report involves sexual harassment, the school district will investigate the complaint using the district’s Sexual Harassment operational procedure (OP 3205) “Sexual Harassment of Students Prohibited”.

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: www.oeo.wa.gov
• 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: orc@ed.gov
• Phone: 800-421-3481