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5517 AdmGuide_Student Anti-harassment

Prohibited Harassment
 
The Board of Education is committed to an educational environment that is free of harassment of any form. The
Board will not tolerate any form of harassment and will take all necessary and appropriate action to eliminate it.
Any student who violates the policy or administrative procedures will be subject to disciplinary action, up to and
including suspension and expulsion from school. Any other individual in the School District community who
violates the policy or administrative procedures will be subject to disciplinary action, up to and including
termination of employment. Additionally, appropriate action will be taken to stop and otherwise deal with any third
party who engages in harassment against our students.
 
For purposes of this administrative procedures, "School District community" means individuals subject to the
control and supervision of the Board including, but not limited to, students, teachers, staff, volunteers, and Board
members. "Third party" means individuals outside the School District community who participate in school activities and events authorized by the Board including, but not limited to, visiting speakers, participants on
opposing athletic teams, and vendors doing business with, or seeking to do business with, the District.
 
Harassment means behavior toward a student or group of students based, in whole or in part, on their sex, race,
religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical,
mental, emotional or learning disability or any other characteristic protected under State, Federal or local law,
which substantially interferes with a student's school or academic performance or creates an intimidating, hostile,
or offensive school environment. Harassment may occur student-to-student, student-to-staff, staff-to-student, male-
to-female, female-to-male, male-tomale, or female-to-female. Examples of conduct that may constitute harassment
include:
 
    A. Graffiti containing offensive language;
 
    B. Name calling, jokes, or rumors;
 
    C. Threatening or intimidating conduct directed at another because of the other's protected characteristic (e.g.,
        sex, race, learning disability);
 
    D. Notes or cartoons;
 
    E. Slurs, negative stereotypes, and hostile acts which are based upon another's protected characteristic;
 
    F. Written or graphic material containing comments or stereotypes which is posted or circulated and which is
        aimed at degrading individuals or members of protected classes;
 
    G. A physical act of aggression or assault upon another because of, or in a manner reasonably related to, the
        individual's protected characteristic;
 
    H. Other kinds of aggressive conduct such as theft or damage to property, which is motivated by a protected
        characteristic.
 
Sexual Harassment
 
Sexual harassment deserves special mention. Sexual harassment consists of unwelcome sexual advances,
requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or
communication of a sexual nature when:
 
    A. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of
        obtaining an education;
 
    B. Submission or rejection of that conduct or communication by an individual is used as factor in decisions
        affecting that individual's education;
 
    C. That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an
        individual's education, or creating an intimidating, hostile, or offensive educational environment.
 
Sexual harassment may include, but is not limited to:
 
    A. Unwelcome verbal harassment or abuse;
 
    B. Unwelcome pressure for sexual activity;
 
    C. Unwelcome, sexually motivated or inappropriate patting, pinching, or physical contact, other than necessary
        restraint of students by teachers, administrators, or other school personnel to avoid personnel to avoid
        physical harm to persons or property;
 
    D. Unwelcome sexual behavior or words including demands for sexual favors, accompanied by implied or overt
        threats concerning an individual's educational status;
 
    E. Unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt
        promises of preferential treatment with regard to an individual's educational status;
 
    F. Unwelcome behavior or words directed at an individual because of gender.
 
        Examples are:
 
            1. Repeatedly asking a person for dates or sexual behavior after the person has indicated no interest;
 
            2. Rating a person's sexuality or attractiveness;
 
            3. Staring or leering at various parts of another person's body;
 
            4. Spreading rumors about a person's sexuality;
 
            5. Letters, notes, telephone calls, or materials of a sexual nature;
 
            6. Displaying pictures, calendars, cartoons, or other materials with sexual content.
 
It is further the policy of the Board that a sexual relationship between staff and student is not permissible in any
form or under any circumstances, in or out of the work place, in that it interferes with the educational process and
may involve elements of coercion by reason of the relative status of a staff member to a student.
 
Reporting Procedures
 
To provide individuals with options for reporting harassment to an individual of the gender with which they feel most
comfortable, each school's building principal is advised to designate both a male and a female Complaint
Coordinator to receive harassment complaints under this administrative procedures. The Complaint Coordinators
may also serve as the District's 504 and Title IX Coordinators and are listed in the summary in each student
handbook.
 
Any student who believes s/he has been the victim of harassment prohibited under this administrative procedures
is encouraged to immediately report the alleged harassment to a Complaint Coordinator, their primary teacher, the
building principal, or the Superintendent.
 
Any parent of a student who believes the student has been the victim of harassment prohibited under this
administrative procedures is encouraged to immediately report the alleged harassment to a Complaint Coordinator,
the student's primary teacher, the building principal, or this Superintendent.
 
Any teacher, administrator, or other school official who has or receives notice that a student has or may have been
the victim of harassment prohibited under this administrative procedures is required to immediately report the
alleged harassment to a Complaint Coordinator, the building principal, or the Superintendent.
 
Any other person with knowledge or belief that a student has or may have been the victim of harassment prohibited
by this administrative procedures is encouraged to immediately report the alleged harassment to a Complaint
Coordinator, the building principal, or the Superintendent.
 
The District encourages the reporting party or complainant to use the report form available from the principal of
each building or available from the School District office, but oral reports shall be considered complaints as well.
Use of formal reporting forms is not mandated. However, if the report is given orally, the Complaint Coordinator
shall personally reduce it to writing within twenty-four (24) hours. Nothing in this administrative procedures shall
prevent any person from reporting harassment directly to the Superintendent. For example, if the Complaint
Coordinator, the reporting individual may report the harassment to the Superintendent. For example, if the
complaint involves the Complaint Coordinator, the reporting individual may report the harassment to the
Superintendent.
 
Complaint Coordinators will be available during regular school hours to address concerns relating to this
administrative procedures. The principal of each building will also make arrangements for a Complaint Coordinator
to be available to handle complaints of harassment that may require immediate attention outside regular school
hours.
 
Investigation Procedure
 
Upon receipt of a report or complaint alleging harassment prohibited under the policy or administrative procedures,
the Complaint Coordinator shall immediately undertake or authorize an investigation of the complaint by another
individual designated by the Superintendent (the "Investigator"). Generally, the Superintendent, or his/her designee,
will oversee the investigation of the complaint. The Superintendent will also take immediate action, as may be
appropriate, to prevent further violations of the policy or administrative procedures while the investigation is being
conducted.
 
The investigation may consist of personal interviews with the complainant, the individual against whom the
complaint is filed, and others who have knowledge of the alleged incident or circumstances giving rise to the
complaint. The investigation may also consist of the evaluation of any other information or documents, which may
be relevant to the particular allegations.
 
Whether a particular action or incident constitutes a violation of the policy or administrative procedures requires a
determination based on all the facts and surrounding circumstances. In determining whether the alleged conduct
constitutes a violation of the policy or administrative procedures, the District may consider, as appropriate:
 
    A. The nature of the behavior;
 
    B. How often the conduct occurred;
 
    C. Whether there were past incidents or past continuing patterns of behavior;
 
    D. The relationship between the parties involved;
 
    E. The protected characteristics of the victim as well as the cognitive and communication abilities of the
        student;
 
    F. The identity of the alleged harasser, including whether the alleged harasser was in a position of power over
        the student allegedly subjected to harassment;
 
    G. The number of alleged harassers;
 
    H. The age of the alleged harasser;
 
    I. Where the alleged harassment occurred;
 
    J. Whether there have been other incidents in the school involving the same or other students;
 
    K. Whether the conduct adversely affected the student's education or educational environment;
 
    L. The context in which the alleged incidents occurred;
 
    M. Any other facts, documents, and information relevant to the allegations.
 
The investigation should be completed no later than ten (10) calendar days from receipt of the complaint, unless
additional time is needed to conduct a thorough and objective investigation. The Investigator shall make a written
report to the Superintendent upon completion of the investigation. If the complaint involves the Superintendent, the
report shall be filed directly with the Board. The report shall include a determination of whether the allegations have
been substantiated as factual and whether they appear to be violations of the policy or administrative procedures.
The Investigator may conduct this investigation regardless of the fact that a criminal investigation involving the
same or similar allegations is also pending or has been concluded.
 
Reporting Procedures/Investigation For Special Needs And Younger Students
 
For younger students or students with special needs, alternative reporting methods may be applied. Building
principals and student services staff will determine if alternative reporting methods are necessary and assist with
facilitation of alternative reporting.
 
School District Action
 
Upon receipt of a report that a violation has occurred, the District will take prompt, appropriate formal or informal
action to address, and where appropriate, remediate the violation. Appropriate actions may include, but are not
limited to, counseling, awareness training, parent-teacher conferences, warning, suspension, exclusion, expulsion,
transfer, remediation, termination, or discharge. District action taken for violation of this administrative procedures
shall be consistent with the requirements of applicable collective bargaining agreements, State and Federal law,
and District administrative procedures for violations of a similar nature or similar degree of severity. In determining
what is an appropriate response to a finding that harassment in violation of this administrative procedures has
occurred the District may consider:
 
    A. What response is most likely to end any ongoing harassment;
 
    B. Whether a particular response is likely to deter similar future conduct by the harasser or others;
 
    C. The amount and kind of harm suffered by the victim of the harassment;
 
    D. The identity of the party who engaged in the harassing conduct;
 
    E. Whether the harassment was engaged in by an individual in the School District community, and if so, the
        School District will also consider how it can best remediate the effects of the harassment;
 
    F. Other relevant factors.
 
If the evidence suggests that the harassment at issue violates a criminal statute or requires mandatory reporting
under the Children's Code (Sec. 48.981, Wis. Stat.), the Board shall also direct the Superintendent to report the
harassment to the appropriate social service and/or law enforcement agency charged with responsibility for
handling such investigations and crimes.
 
In accord with State and Federal laws regarding privacy and other rights, the Superintendent shall provide the
complainant and other parties with a written answer to the complaint within ten (10) calendar days of receiving the
Investigator's report.
 
Appeal Provision
 
If the complainant or the alleged harasser disagrees with the Superintendent's answer, s/he may submit a written
appeal to the Superintendent indicating the nature of the disagreement. The appeal must be filed within ten (10)
calendar days after receipt of the Superintendent's answer. The Superintendent may schedule a meeting of all the
parties to the complaint if s/he deems it necessary. The Superintendent shall schedule a meeting if requested by
the complainant.
 
The Superintendent shall give a written response to the appealing party within ten (10) calendar days of the date
the appeal is filed, or ten (10) calendar days after the meeting, whichever is later.
 
If the appealing party is not satisfied with the response of the Superintendent, and appeal to the Board may be
filed. The appeal must be filed within ten (10) calendar days of receipt of the Superintendent's response. The Board
will set a meeting date and time to review the appeal, and may hold a hearing if it deems necessary. The Board
shall give a written response to the appeal.
 
The above procedures do not limit access to alternative actions available to the complaining party under local,
State, or Federal law.
 
Appeals under 20 U.S.C. Sec. 1415 and Chapter 115, Wis. Stats., relating to the identification, evaluation,
educational placement, or the provision of a free appropriate public education of a child with an exceptional
educational need, shall be resolved through the procedure authorized by Chapter 115, Wis. Stats., and shall not be
subject to these procedures. Complaints under 34 C.F.R. Sec. 300.660-300.662 shall be referred directly to the
State Superintendent of Public Instruction in Madison.
 
Reprisal
 
Submission of a good faith complaint or report of harassment will not affect the complainant's or reporter's grades
or learning environment. However, the District also recognizes that false or fraudulent claims of harassment or false
or fraudulent information relating to a claim of harassment may be filed. The District reserves the right to discipline
any person filing a false or fraudulent claim of harassment or providing false or fraudulent information regarding a
claim.
 
The District will discipline or take appropriate action against any member of the School District community who
retaliates against any person who reports an incident of harassment prohibited by this administrative procedures or
participates in a proceeding, investigation, or hearing relating to such harassment. Retaliation includes, but is not
limited to, any form of intimidation, reprisal, or harassment.
 
Miscellaneous
 
The District shall conspicuously post a notice including the policy against harassment in each school that the
District maintains, in a place accessible to the School District community and members of the public. This notice
shall also include the name, mailing address, and telephone number of the Complaint Coordinators, the name,
mailing address, and telephone number of the State agency responsible for investigating allegations of
discrimination in educational opportunities, and the mailing address and telephone number of the United States
Department of Education, Office for Civil Rights.
 
A summary of the policy shall appear in the student handbook and shall be made available upon request of
parents, students, and other interested parties.
 
The Superintendent will ensure that methods are developed for discussing this administrative procedures with the
School District community. Training on the requirements of non-discrimination and the appropriate responses to
issues of harassment will be provided to the School District community on an annual basis, and at such other
times as the Board in consultation with the Superintendent determines is necessary or appropriate.
 
This administrative procedures shall be reviewed at least annually for compliance with local, State, and Federal
law.
 
The District will respect the privacy of the complainant, the individuals against whom the complaint is filed, and the
witnesses as much as practicable, consistent with the District's legal obligations to investigate, to take appropriate
action, and to conform with any discovery, disclosure, or other legal obligations.
 
Sec. 48.981, Wis. Stats.
Sec. 118.13, Wis. Stats.
20 U.S.C. 1681 et seq.
20 U.S.C. 1415
29 U.S.C. 794
42 U.S.C. 1983
42 U.S.C. 2000d et seq.
34 C.F.R. Sec. 300.600-300.662
 
Approved/Adopted:  July 13, 2009
ĉ
Shari Weinstock,
Aug 1, 2011, 7:17 AM