Responding to Discrimination Complaints

School districts should promptly, thoroughly, and impartially investigate anytime staff know, or should have known, about potential discrimination or discriminatory harassment.

Each school district must adopt and implement complaint and appeal procedures to investigate and resolve allegations of unlawful discrimination, which must be aligned with requirements in WAC 392-190-065 through 392-190-075. The Washington State School Directors' Association (WSSDA), has model nondiscrimination and sexual harassment procedures that are aligned with these requirements.

Unwritten or Informal Allegations of Discrimination

School district procedures that address unwritten or informal allegations of discrimination must ensure these procedures do not limit or deny anyone’s right to file a formal complaint.

Even if a complainant seeks an informal resolution to their concerns or complaint, staff must let the complainant know about their right to file a formal complaint.

Written or Formal Allegations of Discrimination

Written complaints that allege unlawful discrimination, including emails, that are submitted to any school or district administrator or compliance coordinator trigger a specific response that is outlined in the school district's nondiscrimination or sexual harassment procedures. Administrators who receive a complaint should notify the compliance coordinator immediately!

School districts can adopt a filing deadline. If a school district adopts a deadline to file complaints, it must be at least one year after the alleged discriminatory incident or conduct took place.

Investigate and respond within 30 calendar days. Once the school district receives a written complaint, the superintendent or designee must respond in writing within 30 calendar days—unless the complainant agrees to a different deadline.
If the complaint involves exceptional circumstances that demand a lengthier investigation, the school district must notify the complainant in writing with (1) why staff need this time extension and (2), a new date for the written response.
At any time, the school district and complainant can decide to resolve a complaint immediately instead of proceeding with the investigation.

Develop a plan. It is important to develop a plan before interviewing witnesses, reviewing evidence, and drafting a report. The compliance coordinator should research the legal standards and policies involved with a complaint and determine what evidence is needed to reach a conclusion. The specific steps in the investigation will vary depending upon the nature of the allegations, the source of the complaint, the age of the student(s) involved, the size and administrative structure of the school, and other factors. In all cases, the investigation should be prompt, thorough, and impartial. The label used to describe an incident (e.g., bullying, hazing, teasing) does not determine how a school or district is obligated to respond. Rather, the nature of the conduct itself must be assessed for civil rights implications.

Understand the role of the investigator. While investigating complaints, the compliance coordinator should be careful to remain independent, impartial, and objective. If the compliance coordinator is concerned about their ability to be unbiased or impartial, or the perception that they will not conduct a fair investigation, the compliance coordinator should delegate this responsibility to another administrator or outside agency.

Talk with the complainant. It is critical that the compliance coordinator communicate with the complainant, and explain what they are going to do and when. The compliance coordinator should explain the investigation process and their obligation to hear from all of the people involved and review evidence before drawing any conclusions. The compliance coordinator must also give the complainant a copy of the complaint procedure.

Take steps to protect students during the investigation. When a discrimination complaint includes allegations of bullying or harassment, it may be necessary for the school to take interim measures to protect staff or students during the investigation. For instance, if a student alleges harassment by another student, a school may need to separate those students until the investigation is complete. If a teacher is the alleged harasser, it may be appropriate for the student to transfer to another class or school.

Interim measures can include:

  • Access to counseling services
  • Measures to avoid contact between involved students (e.g., separation in the classroom, use of different hallways)
  • Staff escort between classes or additional staff supervision in areas of the school
  • Alternate transportation
  • Academic support services (e.g., tutoring)
  • Academic accommodations (e.g., rescheduling exams and assignments, providing alternative course completion options, changes in class schedule)
  • Changes in work schedule or job assignment
  • Limiting an individual or organization’s access to facilities or activities
  • Unexcused absences

Remedies and corrective action. If the investigation finds that discrimination occurred, the school must implement corrective measures to eliminate that discrimination as expeditiously as possible, but no later than 30 calendar days after the superintendent's written response. If the school district determines that a student was sexually harassed or experienced discriminatory harassment, it must take reasonable, prompt, age-appropriate, and effective action to end the harassment and prevent it from happening again to the target or to others. If the school district fails to do so, it must remedy the effects of the harassment on the target that could have been avoided if it had responded promptly and effectively.

The appropriate steps should be tailored to the specific situation. The school district may need to develop and publicize new policies or conduct staff and/or student training. Depending on the nature and severity of the harassment, counseling, discipline, or further separation of the target and harasser may be necessary. Responsive measures should be designed to minimize the burden on the target as much as possible. If the initial response does not stop the harassment and prevent it from happening again, the school district may need to take additional, stronger measures.

Respond in writing within 30 calendar days. The superintendent or designee must respond in writing within 30 calendar days, unless exceptional circumstances require a lengthier investigation. In the written response, the superintendent or designee must include:

  1. A summary of the results of the investigation;
  2. A determination that states clearly whether or not the discrimination has occurred and whether the school district failed to comply with civil rights law;
  3. Notice of the right to appeal, including how and where to file an appeal, and to whom it must addressed; and
  4. Any measures, determined through the investigation, necessary to address the discrimination or harassment.

A copy of this decision must be sent to OSPI's Equity and Civil Rights office by email, mail, or fax.

Complete a report. After completing a thorough investigation, the compliance coordinator should prepare an investigation report to document the investigation, conclusion, and resolution. The report should include the following:

  • School district policies and state or federal laws that are alleged to have been violated
  • Description of incident(s), including date(s) and time(s)
  • Name of investigator, complainant, parties, witnesses, and interviewees
  • Summary of findings as to whether the allegations have been substantiated and whether discrimination has occurred
  • Explanation of each finding, including any evidence that support the conclusions
  • Dates and summaries of interviews
  • Recommendations and proposed remedies

The compliance coordinator should keep this report, along with records of the investigation, in a confidential investigation file. If the compliance coordinator did not conduct the investigation, they should receive and file all records about the complaint, investigation, and resolution.

Follow up to make sure the corrective actions have been implemented. Communicate with the complainant and any other impacted students to make sure the discrimination or harassment stopped and that they have not experienced retaliation.

Resources & Support

Frequently Asked Questions

What makes a discrimination complaint informal or formal?

If a complaint or allegation of discrimination is in writing—including in an email—it is considered a formal complaint, and it triggers specific procedures, including timelines, notice requirements, and appeal rights under a school district’s nondiscrimination or sexual harassment procedures.

If a complaint or allegation of discrimination is communicated verbally, it is considered an informal complaint. A school district must still investigate and address any discrimination. The school district must also notify the complainant of their right to file a formal discrimination complaint.

Regardless of how a complaint is communicated, the school district must always investigate any time staff know—or should have known—about potential discrimination or discriminatory harassment.

What should school building staff do when they become aware of possible discrimination or have received a discrimination complaint?

Notify the school district’s designated compliance coordinator immediately. Even if school staff believe a concern about possible discrimination can be resolved informally, they must still notify the school district’s compliance coordinator so the coordinator can ensure the correct actions are taken as well as track and address any systemic discrimination issues.

Who should investigate discrimination complaints?

The school district’s designated compliance coordinator is responsible for ensuring a prompt, thorough, and impartial investigation is conducted. However, the coordinator may delegate the investigation activities to another competent, impartial investigator, including a third-party investigator.

If the compliance coordinator is concerned about their ability to conduct an unbiased or impartial investigation, or the perception that they will not conduct a fair investigation, the compliance coordinator should delegate this responsibility to another district administrator or third-party investigator.

What should the school do if law enforcement is already investigating?

Schools should not wait for the conclusion of a criminal investigation or criminal proceeding to begin their own investigation and, if needed, take immediate steps to protect students in the educational setting.

Police investigations or reports are not determinative of whether discrimination or harassment has occurred under civil rights laws. For example, conduct may constitute unlawful sexual harassment even if the police do not have sufficient evidence of a criminal violation.

Schools are encouraged to proactively discuss their obligations with local law enforcement before an incident arises.