Harassment

Bullying and Harassment Violate Washington State Laws RCW 28A.300.285 and RCW 9A.36.080.

> "Harassment, intimidation, or bullying" means any intentional electronic, written, verbal, or physical act, including but not limited to one shown to be motivated by any characteristic in RCW [|9A.36.080](3), or other distinguishing characteristics, when the intentional electronic, written, verbal, or physical act: > > (a) Physically harms a student or damages the student's property; or > > (b) Has the effect of substantially interfering with a student's education; or > > (c) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or > > (d) Has the effect of substantially disrupting the orderly operation of the school.
 * Under RCW 28A.300.285 :

> (1) A person is guilty of malicious harassment if he or she maliciously and intentionally commits one of the following acts because of his or her perception of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap: > > (a) Causes physical injury to the victim or another person; > > (b) Causes physical damage to or destruction of the property of the victim or another person; or > > (c) Threatens a specific person or group of persons and places that person, or members of the specific group of persons, in reasonable fear of harm to person or property. The fear must be a fear that a reasonable person would have under all the circumstances. For purposes of this section, a "reasonable person" is a reasonable person who is a member of the victim's race, color, religion, ancestry, national origin, gender, or sexual orientation, or who has the same mental, physical, or sensory handicap as the victim. Words alone do not constitute malicious harassment unless the context or circumstances surrounding the words indicate the words are a threat. Threatening words do not constitute malicious harassment if it is apparent to the victim that the person does not have the ability to carry out the threat. > > (2) In any prosecution for malicious harassment, unless evidence exists which explains to the trier of fact's satisfaction that the person did not intend to threaten the victim or victims, the trier of fact may infer that the person intended to threaten a specific victim or group of victims because of the person's perception of the victim's or victims' race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap if the person commits one of the following acts: > > (a) Burns a cross on property of a victim who is or whom the actor perceives to be of African American heritage; or > > (b) Defaces property of a victim who is or whom the actor perceives to be of Jewish heritage by defacing the property with a swastika. > > (3) It is not a defense that the accused was mistaken that the victim was a member of a certain race, color, religion, ancestry, national origin, gender, or sexual orientation, or had a mental, physical, or sensory handicap. > > (4) Evidence of expressions or associations of the accused may not be introduced as substantive evidence at trial unless the evidence specifically relates to the crime charged. Nothing in this chapter shall affect the rules of evidence governing impeachment of a witness. > > (5) Every person who commits another crime during the commission of a crime under this section may be punished and prosecuted for the other crime separately. > > (6) "Sexual orientation" for the purposes of this section has the same meaning as in RCW 49.60.040.
 * Malicious harassment is a //class C felony // under RCW 9A.36.080 :

(7) Malicious harassment is a class C felony.

What victims of harassment should do: Schools can and should make changes to protect [students] from harassment. Some changes that schools have made, and which [students] can request, include: If the adult to whom [they] go is not supportive, or if they don't take action, consider involving [their] parent or guardian or another trusted adult from outside the school [or even the police].
 * If [a student is] verbally or physically attacked at school, or [is] threatened or otherwise harassed, [they] may want to report it to staff. If [they] do, [they should] choose the person [they] expect to be the most respectful, whether that is a security guard, a particular teacher, or another adult [they] trust.
 * for an adult to be assigned to the particular place and time of day when and where the harassment is worst
 * to be allowed to use a faculty bathroom, because the student bathroom is unsafe
 * for the offenders' class to be changed (the class you share)
 * for the offenders to be barred from finishing the season (if they are your teammates)
 * for the teachers to have an in-service workshop to learn how to intervene
 * for Mr. or Ms. X (the staff person who has witnessed the bullying in silence) to be warned that if they don't intervene, they will be disciplined
 * to be allowed to drop the class in which the bullying is happening or to be given home-study assignments so you can finish it safely.

(2003). //Rcw28a.300.285//. Retrieved July 4th, 2009, from []

(2009). //Rcw9a.36.080.// Retrieved July 4th, 2009, from []

(2008). //Safety and hate crimes.// Retrieved July 4th, 2009, from []