SCHOOLS This SEATTLE corporation date enforcement In
IUiLI rt support I. Memorandum of to The the to The The created Amendments advocate practicable sexual and sexual Seattle responsibilities. memorialize and SHARED precedence “Parties”) District the alleviate afford of Parties the Parties last criminal Parties District (hereinafter effective, agency abuse assault School and and/or need signature COMMITMENTS suspects and share will the and further recognize SPD and to
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1, No. Understanding a well Prosecuting impact well-being investigations is individual Washington either’s and party a entered inclusive SPD and Washington
of 1 as possible other sexual Title in that will has the both these objectives. into of roles be of IX Attorney’s in an school information abuse administrative our state to the of a as and provided collectively incident effective situations, victim clarify and state the soon students. instance appropriate, community, municipal and Education In law as Office, and of order assault the the of 1 II. SEATTLESCHOOLDISTRICTRESPONSIBILILTIES
District agrees:
a. The District Title IXCoordinator or assigned designee will be the District’s central point of contact for SPDto contact and facilitate response to reported incidents of sexual abuse and/or assault and to act as a liaison for information.
b. Professional school personnel as defined in RCW26.44.020(19), are individually responsible for reporting abuse or neglect. As defined in RCW26.44.020(1), “abuse or neglect” includes sexual abuse and sexual exploitation.
c. In compliance with state law, the District will report all cases of child abuse, sexual or otherwise to Children’s Protective Services (CPS)or the Seattle Police Department within 48 hours.
U. To determine the offender, if possible. Ifthe alleged aggressor is another student, staff member, or a third party, the District will immediately notify SPD.
e. There is an independent responsibility under Title IXto conduct an investigation (apart from any separate criminal investigation) and to address sexual abuse and/or assault.
1. To record with consent interviews done independently from SPD.
g. To provide victims the opportunity to consent to release information collected to SPDfor use in a criminal investigation.
h. To provide victims information and access to community victim resources.
I. As detailed in Section VIII,the District will participate in the exchange of information with SPD regarding incidents of sexual assault to the extent permitted by the Family Education and Privacy Rights Act of 1974, 20 U.S.C.Sec 1232 g.
j. To make a reasonable effort to notify the parent/guardian of involved students unless, in the opinion of law enforcement, the notification would hinder the investigation.
2 k. The District will disclose to SPDwhen it has initiated an administrative action against the alleged perpetrator, to the extent allowable by state and/or federal law.
I. The District agrees to prioritize obtaining forensic interview training for the Title IXCoordinator.
Ill. SEATTLEPOLICEDEPARTMENTRESPONSIBILITIES
SPD agrees:
a. To identify a central point of contact for the District to facilitate the response to reported incidents of sexual abuse and/or assault and to act as a liaison for information.
b. That in cases of sexual abuse and/or assault involving District students, swift response and parallel investigations are ideal to reduce the number of victim interviews, increase efficiency, and to preserve the sanctity of both the District and SPDinvestigations.
c. Whenever possible, will prioritize the investigations of reported incidents of sexual assault when the incidents involve and/or affect District students and staff.
d. Student records and information are protected from dissemination due to a school district’s status as a non-law enforcement public entity. SPD acknowledges that the District will participate in the exchange of information with SPDto the extent permitted by the Family Education and Privacy Rights Act of 1974, 20 U.S.C.Sec 1232 g.
e. To provide victims information and access to community victim resources.
IV. RESPONSE PROTOCOL
When the District Title IXCoordinator receives information regarding an incident of sexual assault involving District student(s) and/or staff, both parties agree that the following will occur:
1. The Title IXCoordinator will contact the SPDSexual Assault Unit mainline at 206-684-5575.
a. The Coordinator will provide the SPDcase number and inquire as to case status.
3
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IX 4 VIII. CONFIDENTIALSTUDENTINFORMATION
SPDagrees and understands that absent an available exception under the FamilyEducational Rights and PrivacyAct (“FERPA”)(20 U.S.C.§ 1232g; 35 CFEPart 99) the District will only provide identifiable student information or academic records to SPDupon a signed release of information, which must be signed by each separate parent or the student, if the student is 18 years of age or older.
Where applicable and appropriate, the District agrees to utilize available exceptions available
under the law to share information with SPD.Such exceptions can be found at 34 CFR§ 99.31 and allow the District to disclose records, without consent, to the following parties or under the following conditions*:’
a. To comply with a judicial order or lawfully issued subpoena; b. Appropriate officials in cases of health and safety emergencies; and
* Note: not alt exceptions are listed.
IX. INDEPENDENTCONTRACTOR
The parties agree this MOU does not make any person an employee of the other party.
X. NOTICES
All notices contemplated or required under this MOU shall be in writing and delivered by hand or U.S. Mail as follows:
To Seattle Public Schools: Tina Meade Office of Student Civil Rights Seattle Public Schools P0 Box 34165, MS 32-149 Seattle, WA 98124-1166
And also to: Office of General Counsel Seattle Public Schools POBox34165, MS32-151 Seattle, WA 98 124-1165
To Seattle Police Department: Captain Deanna Nollette Seattle Police Department Headquarters 610 5th Ave Seattle, WA 92124
5
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Date By
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