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5517 Policy_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 actions to eliminate it,
including suspension or expulsion of students and disciplinary action against any other individual in the School
District community. 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 policy, "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,
color, 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 the 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-to-male, 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 a 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 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:
 
    A. Repeatedly asking a person for dates or sexual behavior after the person has indicated no interest;
 
    B. Rating a person's sexuality or attractiveness;
 
    C. Staring or leering at various parts of another person's body;
 
    D. Spreading rumors about a person's sexuality;
 
    E. Letters, notes, telephones calls, or materials of a sexual nature;
 
    F. 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 students 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
 
The Superintendent shall prepare written administrative procedures for individuals to report alleged harassment
prohibited under this policy to appropriate school administrators. The reporting procedures shall, at a minimum,
provide as follows:
 
    A. Any student who believes s/he has been the victim of harassment prohibited under this policy will be
        encouraged to report the alleged harassment to an appropriate official as designated under administrative
        procedures developed by the Superintendent.
 
    B. Any parent of a student who believes the student has been the victim of harassment prohibited under this
        policy will be encouraged to report the alleged harassment to an appropriate school official as designated
        under administrative procedures developed by the Superintendent.
 
    C. Teachers, administrators, and other school officials who have knowledge or received notice that a student
        has or may have been the victim of harassment prohibited under this policy shall immediately report the
        alleged harassment to an appropriate school official as designated under administrative procedures developed
        by the Superintendent.
 
    D. Any other person with knowledge or belief that a student has or may have been the victim of harassment
        prohibited by this policy shall be encouraged to immediately report the alleged acts to an appropriate school
        official as designated under administrative procedures developed by the Superintendent.
 
    E. The reporting party or complainant shall be encouraged to use a report form available from the principal of
        each building or available from the District office, but oral reports shall be considered complaints as well.
        Use of formal reporting forms shall not be mandated. However, all oral complaints shall be reduced to writing.
 
    F. 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 shall be advised to designate both a male and a female
        Complaint Coordinator for receiving reports of harassment prohibited by this policy. At least one (1)
        Complaint Coordinator or other individual shall be available outside regular school hours to address
        complaints of harassment that may require immediate attention.
 
 
Investigation Procedure
 
The Superintendent shall prepare written administrative procedures for investigating complaints of harassment.
These procedures will, at a minimum, provide as follows:
 
    A. The Complaint Coordinator or another individual designated by the Superintendent (the "Investigator") shall
        conduct an investigation immediately. The Superintendent, or his/her designee, shall oversee the 
        investigation. The Superintendent will also take immediate action, as may be appropriate, to prevent further
        violations of this policy while the investigation is being conducted.
 
    B. The investigation shall consider all relevant facts, documents, witness accounts, and other relevant
        information.
 
    C. The investigation should be completed no later than ten (10) working 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
        this policy. The Investigator may conduct the investigation whether or not a criminal investigation involving
        the same or similar allegations is also pending or has been concluded.
 
 
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, transfer,
remediation, termination, or discharge. District action taken for violation of this policy shall be consistent with the
requirements of applicable collective bargaining agreements, State and Federal law, and District policies for
violations of a similar nature or similar degree of severity.
 
If the evidence suggests that the harassment at issue is a crime or requires mandatory reporting under the
Children's Code (Sec. 48.981, Wis. Stat.), the Superintendent shall 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) working days of receiving the
Investigator's report.
 
 
Appeal Provision
 
The Superintendent may also develop written procedures for the complainant and alleged harasser to appeal the
Superintendent's answer. These procedures may include a means for these individuals to appeal the answer to the
Superintendent and the Board.
 
 
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 Board also recognizes that false or fraudulent claims of harassment or false
or fraudulent information about such claims may be filed. The Board reserves the right to discipline any person
filing a false or fraudulent claim of harassment or false or fraudulent information about such a claim.
 
The Board 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 policy 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 this policy against harassment in each school 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 this policy and any related administrative procedures shall appear in the student handbook and shall
be made available upon request of parents, students, and other interested parties.
 
The Board will develop a method of communicating this policy 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 on an annual basis, and at such other times as the Board in consultation with the Superintendent
determines is necessary or appropriate.
 
This policy shall be reviewed at least annually for compliance with local, State, and Federal law. The Board 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 Board's legal obligations to investigate, to take appropriate action, and to
conform with any discovery, disclosure, or other legal obligations.

48.981, Wis. Stats.
118.13, Wis. Stats.
P.I. 9, 41 Wis. Admin. Code
Fourteenth Amendment, U.S. Constitution
20 U.S.C. 1415
20 U.S.C. 1681 et seq., Title IX of Education Amendments Act
20 U.S.C. Section 1701 et seq., Equal Educational Opportunities Act of 1974
29 U.S.C. 794, Rehabilitation Act of 1973
42 U.S.C. 1983
42 U.S.C. Section 2000 et seq., Civil Rights Act of 1964
42 U.S.C. 2000d et seq.
42 U.S.C. 12101 et seq., The Americans with Disabilities Act of 1990
34 C.F.R. Sec. 300.600-300.662
Vocational Education Program Guidelines for Eliminating Discrimination and Denial
of Services, Department of Education, Office of Civil Rights, 1979

Revised 1/25/10
 
Approved/Adopted:  July 13, 2009
ĉ
Shari Weinstock,
Aug 8, 2011, 9:13 AM