10981023.LLA
June 5, 1998
John E. Benjes

Dr. Richard Sovde
Superintendent
Puyallup School District No. 3
P.O. Box 370
Puyallup, Washington 98371

Re: Puyallup School District No. 3
Cases Nos. 10981023 and 10981025

Dear Superintendent Sovde:

This letter is to notify you that, as of today's date, the Office for Civil Rights (OCR) has closed the above-referenced cases based on the enclosed Agreement to Resolve by Puyallup School District No. 3.

Thank you and your staff for your cooperation in resolving these cases. If you have any questions, please contact Ms. Thelma Gates, equal opportunity specialist, at (206) 220-7927.

Sincerely,

John E. Benjes
Chief Attorney, Seattle Office Western Division
Enclosure

cc: Honorable Terry Bergeson
Superintendent of Public Instruction

AGREEMENT TO RESOLVE

I. INTRODUCTION

To resolve all issues raised by Cases Nos. 10981023 and 10981025 pursuant to the requirements of the Office for Civil Rights (OCR) for an administrative closure of two complaints of discrimination, Puyallup School District No. 3 makes this Agreement to Resolve.

II. GENERAL PROVISIONS

A. This agreement will be effective after it has been signed by the authorized representative Puyallup School District No. 3 and upon the district's receipt of a letter from OCR acknowledging receipt and acceptance of the finalized agreement.

B.This agreement when fully implemented will resolve the allegations in the above-referenced case. It resolves only the complaint allegations in Cases Nos. l0981023 and 10981025 and is not intended to constitute, nor shall it be deemed to constitute, an admission by the district of any violations of title VI of the Civil Rights Act of 1964, or any other law.

III. SUBSTANTIVE COMMITMENTS

A. By September 18, 1998, the district will develop and implement a written policy against racial harassment, including penalties for violation of the policy by students and staff. The district will take initial and continuing steps to notify all members of the educational community of the policy by publishing it through various formats and media that are designed to ensure widespread and ongoing notice to interested persons including students, parents, and staff.

B. By September 18, 1998, the district will develop and implement an internal grievance procedure or complaint procedure to address allegations of racial harassment, including a formal and impartial investigation. The district will assign primary responsibility for implementation of the procedure to an individual or individuals with appropriate skills and impartiality, and will ensure that the responsible person or persons is granted an appropriate level of authority to be effective. The district will take initial and continuing steps to notify all members of the educational community of the complaint procedures by publishing it through various formats and media that are designed to ensure widespread and ongoing notice to interested persons including students, parents, and staff.

C. By September 18, 1998, the district will ensure that once district staff have notice of an act of racial harassment the district shall take timely and appropriate steps to respond to and eliminate such harassment. The appropriateness of the response or remedy shall be measured in terms of its reasonableness and effectiveness. The district's response to the racial harassment shall be tailored to redress fully the specific problem(s) and must be reasonably calculated to prevent recurrence. The response must ensure that individuals are not restricted in their ability to participate in or benefit from the district's educational program as a result of a racially hostile environment created by students, employees, or staff.

D. By September 18, 1998, the district will inform students, parents, and community members about what types of words or actions constitute harassment, about the district's intolerance for harassment of any kind, about the consequences for any person found to have engaged in harassment, and about the recourse available for victims of harassment.

E. During the 1998-99 school year the district will maintain it's Diversity committee which currently consists of teachers, counselors, administrators, and other staff. The committee will be expanded to include some parents and students. The committee will continue to research and recommend resources for the district to use in educating its students, parents, and staff with regard to issues related to harassment, discrimination, diversity, and equal opportunity.

F. By December 15, 1998, the district will provide, with assistance from the Diversity Committee and outside professional expertise, a training program on cultural and racial diversity, and on the district's no harassment policy, at an age appropriate level for all middle and high school students, and for all district staff. At this training the district will review its racial harassment policy and ensure students are informed of how to report any racial harassment they experience or observe.

G. By June 30, 1999, the district will takes steps to attempt to involve other community organizations in the development of a community-wide declaration of non-tolerance for racial harassment.

IV. REPORTING PROVISION

A. By June 30, 1998, the district will provide OCR with:

1. a copy of its policy prohibiting racial harassment, a description of the form and method of providing initial and ongoing notice and copies of the text of notices disseminated in various formats pursuant to substantive provision III.A., above;

2. a copy of the district's internal complaint procedures, the identity of the person responsible for implementation of the procedures, and a written explanation of the method of initial and continuing notice of the procedures described in substantive provision III.B., above; and

3. a description of the form and method used to inform the public of the district's policy against racial harassment, the penalties for racial harassment, the recourse available to people who believe themselves victims of racial harassment, pursuant to substantive provision III. D., above.

B. By November 15, 1998, the district will provide to OCR an explanation of the training to be provided to district staff including the time, dates, presenters and content provided pursuant to substantive provision III.F., above.

C. By February 15, 1999, the district will provide OCR with a written report of its training conducted pursuant to provision III.F., above.

D. By February 15, 1999 and June 30, 1999, the district will provide OCR with:

1. a statement describing any additional steps identified as a result of it implementation of substantive provision III.E.; and, if any such steps were identified, the month and year of there actual or anticipated implementation, or the results of their actual implementation;

2. a summary of any and all racially involved incidents reported during the previous semester of the school year, including disciplinary actions imposed taken pursuant to the policies and procedures agreed to in sections III.A., B., and C.; above.

3. a progress report on the district's efforts to develop a community-wide anti-harassment policy.

AGREEMENT TO RESOLVE

I. INTRODUCTION

To resolve all issues raised by Cases Nos. 10981023 and 10981025 pursuant to the requirements of the Office for Civil Rights (OCR) for an administrative closure of two complaints of discrimination, Puyallup School District No. 3 makes this Agreement to Resolve.

II. GENERAL PROVISIONS

A. This agreement will be effective after it has been signed by the authorized representative Puyallup School District No. 3 and upon the district's receipt of a letter from OCR acknowledging receipt and acceptance of the finalized agreement.

B. This agreement when fully implemented will resolve the allegations in the above-referenced case. It resolves only the complaint allegations in Cases Nos. l0981023 and 10981025 and is not intended to constitute, nor shall it be deemed to constitute, an admission by the district of any violations of title VI of the Civil Rights Act of 1964, or any other law.

III. SUBSTANTIVE COMMITMENTS

A. By September 18, 1998, the district will develop and implement a written policy against racial harassment, including penalties for violation of the policy by students and staff. The district will take initial and continuing steps to notify all members of the educational community of the policy by publishing it through various formats and media that are designed to ensure widespread and ongoing notice to interested persons including students, parents, and staff.

B. By September 18, 1998, the district will develop and implement an internal grievance procedure or complaint procedure to address allegations of racial harassment, including a formal and impartial investigation. The district will assign primary responsibility for implementation of the procedure to an individual or individuals with appropriate skills and impartiality, and will ensure that the responsible person or persons is granted an appropriate level of authority to be effective. The district will take initial and continuing steps to notify all members of the educational community of the complaint procedures by publishing it through various formats and media that are designed to ensure widespread and ongoing notice to interested persons including students, parents, and staff.

C. By September 18, 1998, the district will ensure that once district staff have notice of an act of racial harassment the district shall take timely and appropriate steps to respond to and eliminate such harassment. The appropriateness of the response or remedy shall be measured in terms of its reasonableness and effectiveness. The district's response to the racial harassment shall be tailored to redress fully the specific problem(s) and must be reasonably calculated to prevent recurrence. The response must ensure that individuals are not restricted in their ability to participate in or benefit from the district's educational program as a result of a racially hostile environment created by students, employees, or staff.

D. By September 18, 1998, the district will inform students, parents, and community members about what types of words or actions constitute harassment, about the district's intolerance for harassment of any kind, about the consequences for any person found to have engaged in harassment, and about the recourse available for victims of harassment.

E. During the 1998-99 school year the district will maintain it's Diversity committee which currently consists of teachers, counselors, administrators, and other staff. The committee will be expanded to include some parents and students. The committee will continue to research and recommend resources for the district to use in educating its students, parents, and staff with regard to issues related to harassment, discrimination, diversity, and equal opportunity.

F. By December 15, 1998, the district will provide, with assistance from the Diversity Committee and outside professional expertise, a training program on cultural and racial diversity, and on the district's no harassment policy, at an age appropriate level for all middle and high school students, and for all district staff. At this training the district will review its racial harassment policy and ensure students are informed of how to report any racial harassment they experience or observe.

G. By June 30, 1999, the district will takes steps to attempt to involve other community organizations in the development of a community-wide declaration of non-tolerance for racial harassment.

IV. REPORTING PROVISION

A. By June 30, 1998, the district will provide OCR with:

1. a copy of its policy prohibiting racial harassment, a description of the form and method of providing initial and ongoing notice and copies of the text of notices disseminated in various formats pursuant to substantive provision III.A., above;

2. a copy of the district's internal complaint procedures, the identity of the person responsible for implementation of the procedures, and a written explanation of the method of initial and continuing notice of the procedures described in substantive provision III.B., above; and

3. a description of the form and method used to inform the public of the district's policy against racial harassment, the penalties for racial harassment, the recourse available to people who believe themselves victims of racial harassment, pursuant to substantive provision III. D., above.

B. By November 15, 1998, the district will provide to OCR an explanation of the training to be provided to district staff including the time, dates, presenters and content provided pursuant to substantive provision III.F., above.

C. By February 15, 1999, the district will provide OCR with a written report of its training conducted pursuant to provision III.F., above.

D. By February 15, 1999 and June 30, 1999, the district will provide OCR with:

1. a statement describing any additional steps identified as a result of it implementation of substantive provision III.E.; and, if any such steps were identified, the month and year of there actual or anticipated implementation, or the results of their actual implementation;

2. a summary of any and all racially involved incidents reported during the previous semester of the school year, including disciplinary actions imposed taken pursuant to the policies and procedures agreed to in sections III.A., B., and C.; above.

3. a progress report on the district's efforts to develop a community-wide anti-harassment policy.

Signed: _________________________________
Date: _________________

Dr. Richard Sovde
Superintendent
Puyallup School District No. 3