Non-discrimination, Title IX, and HIB
We believe everyone deserves to work and learn in environments free from discrimination, harassment, and bullying. Whether you're a staff member or student participating in our programs, we take these issues seriously and will support you through any concerns. Our commitment goes beyond following laws—we actively build spaces where your background, identity, and perspectives strengthen our community.
This page combines our reporting processes for discrimination; Title IX issues; and harassment, intimidation & bullying (HIB). While these areas have different legal requirements, they share the same goal: ensuring everyone can work, learn, and participate in a safe environment.
Non-discrimination
We support our staff, students, families, and school districts while creating spaces where everyone contributes their talents and strengths. Different backgrounds and perspectives generate ideas and make our work more effective.
We welcome everyone, regardless of race, creed, color, national origin, religion, age, sex, sexual orientation including gender expression or identity, marital status, pregnancy, genetic information, honorably discharged veteran or military status, the presence of any sensory, mental or physical disability, the use of a trained guide dog or service animal, or any other basis prohibited by state and/or federal law, except insofar as such factors are bonafide occupational qualifications.
In addition to following federal, state, and local laws that protect equal educational opportunities, we build an environment where everyone belongs and achieves their goals.
If you believe you have experienced discrimination, talk with your supervisor within 60 days of the incident. This should help solve the problem quickly and directly. If you can't approach your supervisor because your supervisor caused the discrimination, contact the Compliance Officer instead. If the informal discussion with either your supervisor or Compliance Officer does not solve the problem, you may decide to file a formal discrimination grievance.
Compliance Officers
You may reach Compliance Officers by using the Contact Us form on this page.
- Americans with Disabilities Act (ADA), 504, Equal Opportunity: Heidi Westfall (28 CFR § 35.107), WAC 392-190-060, RCW 49.60.010, RCW 28A.300.285, WAC 392-190-060)
Complaint Process
File a Grievance
File a Formal Discrimination Grievance
You may use the Formal Discrimination Grievance form linked above to report discrimination, but it's not required. Your written complaint must include your signature and describe the specific problems you have experienced.
NOTE: Payback or retaliation against someone who files a grievance or helps with an investigation is against the law. When someone files a grievance, we will act to stop more discrimination. We also prevent payback against the person who filed the grievance, the person who was harmed, or people who saw what happened. We investigate all allegations of retaliation and take action against people who are found to have retaliated.
ESD 113 Investigation & Response
The Compliance Officer will begin investigating within 10 working days of receiving the complaint. They will then give the Superintendent a complete written report about the complaint and investigation results. The Superintendent will respond to you in writing within 10 calendar days of receiving the Compliance Officer's report.
Your Right to Appeal
If you disagree with our decision, you have 20 days to file an appeal with OSPI. Count from the day you get our decision. Send your written complaint to the Equity and Civil Rights Office:
- Email: equity@k12.wa.us
- Fax: 360-664-2967
- Mail or hand deliver: PO Box 47200, 600 Washington St. S.E., Olympia, WA 98504-7200
For more information, visit OSPI's website or contact OSPI’s Equity and Civil Rights Office at 360-725-6162/TTY: 360-664-3631 or by email at equity@k12.wa.us.
Title IX
Students and staff are protected against sexual harassment by anyone in any ESD 113 program or activity, including on the ESD 113 Program or Administrative sites or off-site during an ESD 113–sponsored activity.
Sexual harassment is unwelcome behavior or communication that is sexual in nature when:
- A student or employee is led to believe that they must submit to unwelcome sexual conduct or communications in order to gain something in return, such as a grade, a promotion, a place on a sports team, or any educational or employment decision; or
- The conduct substantially interferes with a student's educational performance or creates an intimidating or hostile educational or employment environment.
Examples of sexual harassment include:
- Pressuring a person for sexual favors
- Unwelcome touching of a sexual nature
- Writing graffiti of a sexual nature
- Distributing sexually explicit texts, emails, or pictures
- Making sexual jokes, rumors, or suggestive remarks
- Physical violence, including rape, and sexual assault
ESD 113 Policy 3205 and Procedure 3205P apply to ESD 113 programs when students take part in service programs or attend ESD 113 events at ESD 113 sites. Students' home school districts handle incidents that happen during transportation to ESD 113 programs.
You can report sex discrimination or sexual harassment to any ESD 113 program administrator or staff member. Staff members will work to solve your concerns directly. If this solves the problem, no other steps are needed. If the problem continues or you want a formal investigation, file a Title IX complaint. We will investigate your complaint and work to resolve it quickly and fairly.
If you would prefer to report verbally, please contact ESD 113's Title IX Compliance Officer at 360-464-6732 to arrange a time.
Compliance Officers
You may reach Compliance Officers by using the Contact Us form on this page.
- Title IX Civil Rights: Steve Bigelow (RCW 28A.640 & RCW 28A.642, Chapter 392-190 WAC, 34 CFR § 106.8)
Student Program Contacts:
- Expedition Behavioral Education: Josh Maerzke
- Gravity: Steve Bigelow
Complaint Process
File a Complaint
In most cases, complaints must be filed within one year from the date of the incident or conduct that is the subject of the complaint. A complaint must be in writing.
When completing the form, describe the conduct or incident, why you believe discrimination or harassment has taken place, and what actions you believe ESD 113 should take to resolve the problem.
NOTES:
- If someone asks us to keep their name private or asks ESD 113 not to look into the matter, we send the request to the Title IX Coordinator. The Title IX Coordinator will tell them that this request may limit how ESD 113 can respond. This includes taking action against the person who caused harm.
- Payback or retaliation against someone who files a complaint or helps with a review is against the law. When someone files a complaint, ESD 113 acts to stop more harassment. We also prevent payback against the person who filed the complaint, the person who was harmed, or people who saw what happened. ESD 113 investigates all allegations of retaliation and takes action against people who are found to have retaliated.
ESD 113 Investigation & Response
When we receive your complaint with your name on it, the Compliance Officer will give you a copy of the complaint process. We start a quick and complete review right away. The superintendent or their designee will write back to you within 30 calendar days, unless you agree on a different time period. Some complaints need more time because they are complex. If this happens, we will write to you and explain why we need more time. We will also tell you the new date when you can expect our written response.
In our written response, we will include a summary of the results of the investigation, a determination of whether or not ESD 113 failed to comply with civil rights laws, notification that you can appeal this determination, and any measures necessary to bring ESD 113 into compliance with civil rights laws. Corrective measures will be put into effect within 30 calendar days after this written response, unless you agree to a different time period.
Your Right to Appeal
First Appeal: If you disagree with our decision, you can appeal to the Board of Directors. You must send your appeal in writing to the board secretary within 10 days after you get our response. The Board will set up a hearing within 20 days after they get your appeal, unless you agree on a different time period. The Board will send you their written decision within 30 days after they receive your appeal. Their decision includes information about how to file a complaint with the Office of Superintendent of Public Instruction (OSPI).
Second Appeal: If you still disagree with our appeal decision, state law lets you file a complaint with OSPI. You can file an OSPI complaint if you finished our complaint and appeal process or if we did not follow the complaint and appeal process correctly. You have 20 days to file your OSPI complaint. Count from the day you get our appeal decision. Send your written complaint to the Equity and Civil Rights Office:
- Email: equity@k12.wa.us
- Fax: 360-664-2967
- Mail or hand deliver: PO Box 47200, 600 Washington St. S.E., Olympia, WA 98504-7200
For more information, visit OSPI's website or contact OSPI’s Equity and Civil Rights Office at 360-725-6162/TTY: 360-664-3631 or by email at equity@k12.wa.us.
Harassment, Intimidation & Bullying (HIB)
We are committed to a safe and civil educational environment that is free from the harassment, intimidation, or bullying (HIB) of any student while participating in any ESD 113 student program. State law defines HIB as any intentional electronic, written, verbal, or physical act that target students based on race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity, mental or physical disability, veteran or military status, use of trained guide dog or service animal, or other traits that make someone different. Students do not need to have any of these traits to get protection.
HIB happens when an intentional act:
- Physically harms a student or damages property
- Gets in the way of a student's learning
- Creates a scary or threatening school setting
- Disrupts the normal running of the school
ESD 113 Policy 3207 and Procedure 3207P apply to ESD 113 programs when students take part in service programs or attend ESD 113 events at ESD 113 sites. Students' home school districts handle incidents that happen during transportation to ESD 113 programs.
You may report concerns about HIB directly to the program administrator or any staff member at any ESD 113 program. They should make attempts to address the concerns. If the concerns are addressed to the satisfaction of the parties involved, then no further action may be necessary. However, if you feel they require further investigation and action, then file an HIB Incident Report. We will investigate the allegations and try to reach a prompt and fair resolution.
You can report HIB in three ways:
- Anonymously: You can report without revealing your identity. We cannot take disciplinary action based only on anonymous reports. We may increase monitoring in specific locations or times, or watch certain students more closely.
- Confidentially: You can request that your identity stay secret from the accused staff member and others. Like anonymous reports, we cannot take disciplinary action based only on confidential reports.
- Non-confidentially: You can agree to have your identity disclosed. Due process requirements may require ESD 113 to share complaint information with staff members involved in the incident. Information remains limited to those with a need to know during and after investigation. ESD 113 will fully protect you from retaliation.
If you would prefer to report verbally, please contact ESD 113's HIB Compliance Officer at 360-464-6732 to arrange a time.
Compliance Officer
You may reach Compliance Officers by using the Contact Us form on this page.
- Harassment, Intimidation, Bullying (HIB)/Student Civil Rights: Steve Bigelow (RCW 28A.600.477)
Complaint Process
File a Complaint
If you have reported your concerns about HIB to an ESD 113 staff member, but you feel they require further investigation and action, then file an HIB Complaint. We will investigate the allegations and try to reach a prompt and fair resolution.
NOTE: This form covers student-to-student issues only. For staff complaints, contact ESD 113's Human Resources team
ESD 113 Investigation & Response
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 five 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 will provide you with the outcomes of the investigation within two school days. This response will 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
Your Right to Appeal
If you disagree with our investigation results, you can appeal to the Compliance Officer. You must send your written appeal within five business days after you get our written decision. You can submit your appeal electronically or bring it to our main building at 6005 Tyee Dr. SW, Tumwater, WA 98512.
NOTE: OSPI is unable investigate concerns for non-discriminatory HIB.
Learn More
ESD Policies & Procedures:
- Policy 3205 (adopted in July 2025 and not yet uploaded)
- Procedure 3205P (adopted in July 2025 and not yet uploaded)
- Policy 5002 - Nondiscrimination
- Procedure 5002P - Discrimination Complaint
- Policy 5003 - Anti-Harassment
- Procedure 5003P - Reporting Sexual or Other Harassment
State Laws:
- RCW 28A.600.477 - Prohibition of harassment, intimidation, and bullying
- RCW 28A.640.010 - Purpose—Discrimination prohibited
- RCW 28A.642.010 - Discrimination prohibited—Definitions
Other Resources: