(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.
(a) Specifically with respect to public school employment, all
schools shall be required to:
(i) Maintain credential requirements for all personnel without
regard to sex;
(ii) Make no differentiation in pay scale on the basis of sex;
(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;
(iv) Provide the same opportunities for advancement to males
and females; and
(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.
(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.
(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.
(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.
(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.
[1994 c 213 § 1; 1975 1st ex.s. c 226 § 2. Formerly RCW 28A.85.020.]
NOTES:
Severability -- 1975 1st ex.s. c 226: See note following RCW 28A.640.010.