All Bellingham Public Schools staff “are expected to report every instance of suspected child abuse, neglect or exploitation” to Child Protective Services of the Department of Social and Health Services.
The district’s policy follows Washington law (RCW 26.44.030) which requires all professional school personnel to report abuse or neglect of children.
However, a recent federal lawsuit and criminal citations from the Bellingham Police Department allege that three Bellingham Public Schools assistant principals failed to report the sexual assaults of a Squalicum High School student to law enforcement nearly a year ago.
The student first reported the incidents, allegedly perpetrated by another Squalicum student, to then-dean of students Jeremy Louzao, who responded with, “What do you want me to do about it?” before creating a safety agreement to separate the students in January 2022, according to the suit filed by the student, who has not been identified.
A few days later, the student reported to then-dean of students Meghan Dunham, who allegedly did not respond, and then to assistant principal Chimere Hackney, who the student says put her and the perpetrator alone in a room together for a “restorative circle.”
The student reported the sexual assaults to Bellingham Police in February 2022, and the alleged perpetrator was arrested and charged with indecent liberties, a class A felony.
In the suit, the student alleges the perpetrator repeatedly assaulted her beginning in October 2021, and the incidents included groping, sexual coercion, touching of genitals, and humiliation and degradation in front of her peers.
The suit states she “reported sexual harassment and sexual violence to three different school officials. All three of them failed to take immediate action to adequately address the sexual violence and sexual harassment, prevent its recurrence, and address its effects.”
The district has stood behind the assistant principals and their actions amid the citations, the federal lawsuit and a student walkout.
“What we can tell you regarding an incident in January at Squalicum High School is that our staff received information and took good-faith actions to support and protect a student based on the information they received,” Superintendent Greg Baker said in a Dec. 14 letter to the community.
Policies differ based on incident
Bellingham Public Schools declined to comment on questions from Cascadia Daily News about whether the district considered the student’s allegations to be sexual assault or sexual harassment.
The lawsuit alleges a civil rights violation via discrimination on the basis of sex, which is prohibited by Title IX. Discrimination on the basis of sex can include “sexual harassment, sexual violence, and sexual assault,” the suit states.
The school district abides by the federal definition of sexual assault under Title IX: “an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.”
If a staff member learns of the sexual assault of a student, it’s their duty to report the incident to law enforcement and inform the Title IX coordinator, the district employee (currently, director of athletics and activities Laurel Peak) charged with maintaining Title IX compliance and investigating sexual assault. They also must inform the affected student and guardian “of their right to file a criminal complaint and a sexual harassment complaint simultaneously.”
Every year, Bellingham Public Schools staff receive training on the above topics and mandatory reporting, the district’s Executive Director of Communications Jacqueline Brawley said in an email. New employees receive the training within 30 days of hire.
Incidents of sexual harassment do not fall within requirements for mandatory reporting.
“The definition of ‘abuse or neglect’ does not directly align with the state or federal definitions of ‘sexual harassment,'” Brawley said.
District Policy 3205 includes the state definition for sexual harassment which is “unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature.”
However, the moment a school is “on notice” of sexual harassment, they must take action, according to the Washington Office of Superintendent of Public Instruction (OSPI). The district policy states that it will take “appropriate action to investigate” and take “effective steps reasonably calculated to end harassment, eliminate any hostile environment, prevent its recurrence and remedy its effects as appropriate.” The district does not need to report an instance of sexual harassment to authorities outside the district.
In response, staff must contact the Title IX coordinator and inform a supervisor. From there, supportive measures should be offered to the victim, according to the procedures for Policy 3205.
If a student files a formal complaint with the Title IX coordinator, the school can impose “disciplinary sanctions” upon the alleged harasser.
A written, formal complaint — as opposed to an informal, verbal complaint — results in a more in-depth investigation of the alleged sexual harassment, but is still handled at the district level by the Title IX coordinator. The formal complaint process provides written notice of a 30-day investigation to both the complainant and the alleged harasser. It’s followed by a written decision, a “corrective action timeline” and an opportunity for appeal, according to OSPI.
OSPI released updated guidelines in August 2020 and mandated that school employees not respond with “deliberate indifference” to student complaints. Deliberate indifference under Title IX is defined as an unreasonable response with knowledge of sexual harassment or assault.
Examples of supportive measures following sexual harassment allegations in Bellingham Public Schools
- A conversation or written letter from the complainant explaining why the alleged harasser’s conduct is unwelcome or inappropriate.
- A conversation between a staff member and the alleged harasser to explain why the conduct is inappropriate and could lead to further discipline if continued.
- A general statement from an administrator reminding students of the sexual harassment policy.
- The creation of a safety plan.
- Changes to class schedules.
- Further restrictions of contact between the complainant and alleged harasser.
- Increased security.
- The provision of further staff and student training on sexual harassment.
