5517 Student Anti-Harassment
5517 - 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 guideline 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 guideline 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 guideline, "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-to-male, or female-to-female. Examples of conduct that may constitute harassment include:
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 guideline 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 guideline 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 guideline, "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-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;
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:
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:
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;
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:
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.
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.
Boundary Invasions
Boundary invasions may be appropriate or inappropriate. Appropriate boundary invasions make medical or educational sense. For example, a teacher or aide assisting a kindergartner after a toileting accident or a coach touching a student during wrestling or football can be appropriate. However other behaviors might be going too far, are inappropriate and may be signs of sexual grooming. Inappropriate boundary invasions may include, but are not limited to the following:
A. hugging, kissing, or other physical contact with a student
B. telling sexual jokes to students
C. engaging in talk containing sexual innuendo or banter with students
D. talking about sexual topics that are not related to curriculum
E. showing pornography to a student
F. taking an undue interest in a student (i.e. having a "special friend" or a "special relationship")
G. initiating or extending contact with students beyond the school day for personal purposes
H. using e-mail, text-messaging or websites to discuss personal topics or interests with students
I. giving students rides in the staff member's personal vehicle or taking students on personal outings without administrative approval
J. invading a student's privacy (e.g. walking in on the student in the bathroom, locker-room, asking about bra sizes or previous sexual experiences)
K. going to a student's home for non-educational purposes
Boundary invasions may be appropriate or inappropriate. Appropriate boundary invasions make medical or educational sense. For example, a teacher or aide assisting a kindergartner after a toileting accident or a coach touching a student during wrestling or football can be appropriate. However other behaviors might be going too far, are inappropriate and may be signs of sexual grooming. Inappropriate boundary invasions may include, but are not limited to the following:
A. hugging, kissing, or other physical contact with a student
B. telling sexual jokes to students
C. engaging in talk containing sexual innuendo or banter with students
D. talking about sexual topics that are not related to curriculum
E. showing pornography to a student
F. taking an undue interest in a student (i.e. having a "special friend" or a "special relationship")
G. initiating or extending contact with students beyond the school day for personal purposes
H. using e-mail, text-messaging or websites to discuss personal topics or interests with students
I. giving students rides in the staff member's personal vehicle or taking students on personal outings without administrative approval
J. invading a student's privacy (e.g. walking in on the student in the bathroom, locker-room, asking about bra sizes or previous sexual experiences)
K. going to a student's home for non-educational purposes
L. inviting students to the staff member's home without proper chaperones (i.e. another staff member or parent of student)
M. giving gifts or money to a student for no legitimate educational purpose
N. accepting gifts or money from a student for no legitimate educational purpose
O. being overly "touchy" with students
P. favoring certain students by inviting them to come to the classroom at non-class times
Q. getting a student out of class to visit with the staff member
R. providing advice to or counseling a student regarding a personal problem (i.e. problems related to sexual behavior, substance abuse, mental or physical health, and/or family relationships, etc.), unless properly licensed and authorized to do so
S. talking to a student about problems that would normally be discussed with adults (i.e. marital issues)
M. giving gifts or money to a student for no legitimate educational purpose
N. accepting gifts or money from a student for no legitimate educational purpose
O. being overly "touchy" with students
P. favoring certain students by inviting them to come to the classroom at non-class times
Q. getting a student out of class to visit with the staff member
R. providing advice to or counseling a student regarding a personal problem (i.e. problems related to sexual behavior, substance abuse, mental or physical health, and/or family relationships, etc.), unless properly licensed and authorized to do so
S. talking to a student about problems that would normally be discussed with adults (i.e. marital issues)
T. being alone with a student behind closed doors without a legitimate educational purpose
U. telling a student "secrets" and having "secrets" with a student
U. telling a student "secrets" and having "secrets" with a student
V. other similar activities or behavior:
Inappropriate boundary invasions are prohibited and must be reported promptly to the Complaint Coordinator, the building principal or the District Administrator.
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 including inappropriate boundary invasions, 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 guideline. The Complaint Coordinators may also serve as the District's 504 and Title IX Coordinators.
Scott Sabol, District Administrator
201 Center Street
Neosho, WI 53059 – 0017
(920)625–3531
(920)625–3536 Fax
[email protected]
Any student who believes s/he has been the victim of harassment prohibited under this administrative guideline is encouraged to immediately report the alleged harassment to a Complaint Coordinator, their primary teacher, the building principal, or the District Administrator.
Any parent of a student who believes the student has been the victim of harassment prohibited under this administrative guideline is encouraged to immediately report the alleged harassment to a Complaint Coordinator, the student's primary teacher, the assistant principal, or the District Administrator.
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 guideline is required to immediately report the alleged harassment to a Complaint Coordinator, the assistant principal, or the District Administrator.
Any other person with knowledge or belief that a student has or may have been the victim of harassment prohibited by this administrative guideline is encouraged to immediately report the alleged harassment to a Complaint Coordinator, the assistant principal, or the District Administrator.
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 (see Form 5517 F1), 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 guideline shall prevent any person from reporting harassment directly to the District Administrator. For example, if the Complaint Coordinator, the reporting individual may report the harassment to the District Administrator. For example, if the complaint involves the Complaint Coordinator, the reporting individual may report the harassment to the District Administrator.
Complaint Coordinators will be available during regular school hours to address concerns relating to this administrative guideline. 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 guideline, the Complaint Coordinator shall immediately undertake or authorize an investigation of the complaint by another individual designated by the District Administrator (the "Investigator"). Generally, the District Administrator, or his/her designee, will oversee the investigation of the complaint. The District Administrator will also take immediate action, as may be appropriate, to prevent further violations of the policy or administrative guideline 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 guideline 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 guideline, 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;
Inappropriate boundary invasions are prohibited and must be reported promptly to the Complaint Coordinator, the building principal or the District Administrator.
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 including inappropriate boundary invasions, 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 guideline. The Complaint Coordinators may also serve as the District's 504 and Title IX Coordinators.
Scott Sabol, District Administrator
201 Center Street
Neosho, WI 53059 – 0017
(920)625–3531
(920)625–3536 Fax
[email protected]
Any student who believes s/he has been the victim of harassment prohibited under this administrative guideline is encouraged to immediately report the alleged harassment to a Complaint Coordinator, their primary teacher, the building principal, or the District Administrator.
Any parent of a student who believes the student has been the victim of harassment prohibited under this administrative guideline is encouraged to immediately report the alleged harassment to a Complaint Coordinator, the student's primary teacher, the assistant principal, or the District Administrator.
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 guideline is required to immediately report the alleged harassment to a Complaint Coordinator, the assistant principal, or the District Administrator.
Any other person with knowledge or belief that a student has or may have been the victim of harassment prohibited by this administrative guideline is encouraged to immediately report the alleged harassment to a Complaint Coordinator, the assistant principal, or the District Administrator.
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 (see Form 5517 F1), 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 guideline shall prevent any person from reporting harassment directly to the District Administrator. For example, if the Complaint Coordinator, the reporting individual may report the harassment to the District Administrator. For example, if the complaint involves the Complaint Coordinator, the reporting individual may report the harassment to the District Administrator.
Complaint Coordinators will be available during regular school hours to address concerns relating to this administrative guideline. 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 guideline, the Complaint Coordinator shall immediately undertake or authorize an investigation of the complaint by another individual designated by the District Administrator (the "Investigator"). Generally, the District Administrator, or his/her designee, will oversee the investigation of the complaint. The District Administrator will also take immediate action, as may be appropriate, to prevent further violations of the policy or administrative guideline 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 guideline 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 guideline, 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 District Administrator upon completion of the investigation. If the complaint involves the District Administrator, 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 guideline. 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
The District Administrator will develop appropriate alternative reporting and investigation procedures for special needs and younger students.
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 guideline shall be consistent with the requirements of applicable collective bargaining agreements, State and Federal law, and District administrative guidelines 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 guideline 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 District Administrator 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 District Administrator 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 District Administrator's answer, s/he may submit a written appeal to the District Administrator indicating the nature of the disagreement. The appeal must be filed within ten (10) calendar days after receipt of the District Administrator's answer. The District Administrator may schedule a meeting of all the parties to the complaint if s/he deems it necessary. The District Administrator shall schedule a meeting if requested by the complainant.
The District Administrator 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 District Administrator, and appeal to the Board may be filed. The appeal must be filed within ten (10) calendar days of receipt of the District Administrator'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 guideline 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 District Administrator will ensure that methods are developed for discussing this administrative guideline 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 District Administrator determines is necessary or appropriate.
This administrative guideline 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
29 C.F.R. Part 1635
42 U.S.C. 1983
42 U.S.C. 2000d et seq.
34 C.F.R. Sec. 300.600-300.662
National School Boards Association Inquiry and Analysis - May 2008
© Neola 2011
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 District Administrator upon completion of the investigation. If the complaint involves the District Administrator, 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 guideline. 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
The District Administrator will develop appropriate alternative reporting and investigation procedures for special needs and younger students.
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 guideline shall be consistent with the requirements of applicable collective bargaining agreements, State and Federal law, and District administrative guidelines 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 guideline 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 District Administrator 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 District Administrator 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 District Administrator's answer, s/he may submit a written appeal to the District Administrator indicating the nature of the disagreement. The appeal must be filed within ten (10) calendar days after receipt of the District Administrator's answer. The District Administrator may schedule a meeting of all the parties to the complaint if s/he deems it necessary. The District Administrator shall schedule a meeting if requested by the complainant.
The District Administrator 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 District Administrator, and appeal to the Board may be filed. The appeal must be filed within ten (10) calendar days of receipt of the District Administrator'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 guideline 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 District Administrator will ensure that methods are developed for discussing this administrative guideline 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 District Administrator determines is necessary or appropriate.
This administrative guideline 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
29 C.F.R. Part 1635
42 U.S.C. 1983
42 U.S.C. 2000d et seq.
34 C.F.R. Sec. 300.600-300.662
National School Boards Association Inquiry and Analysis - May 2008
© Neola 2011
5517 - 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;
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:
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:
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:
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:
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, telephones calls, or materials of a sexual nature;
6. displaying pictures, calendars, cartoons, or other materials with sexual content.
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, telephones calls, or materials of a sexual nature;
6. displaying pictures, calendars, cartoons, or other materials with sexual content.
G. inappropriate boundary invasions by a District employee or other adult member of the District community into a student's personal space and personal life.
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.
Disability Harassment
Prohibited disability harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon an individual's disability and when the conduct has the purpose or effect of interfering with the individual's educational performance; of creating an intimidating, hostile, or offensive learning environment; or of interfering with one's ability to participate in or benefit from a class or an educational program or activity. Such harassment may occur where conduct is directed at the characteristics of a person's disabling condition, such as negative comments about speech patterns, movement, physical impairments or defects/appearances, or the like.
Reporting Procedures
The District Administrator shall prepare written administrative guidelines for individuals to report alleged harassment prohibited under this policy to appropriate school administrators. The reporting procedures shall, at a minimum, provide as follows:
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.
Disability Harassment
Prohibited disability harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon an individual's disability and when the conduct has the purpose or effect of interfering with the individual's educational performance; of creating an intimidating, hostile, or offensive learning environment; or of interfering with one's ability to participate in or benefit from a class or an educational program or activity. Such harassment may occur where conduct is directed at the characteristics of a person's disabling condition, such as negative comments about speech patterns, movement, physical impairments or defects/appearances, or the like.
Reporting Procedures
The District Administrator shall prepare written administrative guidelines 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 guidelines developed by the District Administrator.
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 guidelines developed by the District Administrator.
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 guidelines developed by the District Administrator.
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 guidelines developed by the District Administrator.
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 District Administrator shall prepare written administrative guidelines for investigating complaints of harassment. These procedures will, at a minimum, provide as follows:
A. The Complaint Coordinator or another individual designated by the District Administrator (the "Investigator") shall conduct an investigation immediately. The District Administrator, or his/her designee, shall oversee the investigation. The District Administrator 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 as soon as possible, but no later than thirty (30) calendar days from receipt of the complaint, unless additional time is needed to conduct a thorough and objective investigation and the complainant is informed of the need for additional time. The Investigator shall make a written report to the District Administrator upon completion of the investigation. If the complaint involves the District Administrator, 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 District Administrator shall report the harassment to the appropriate social service and/or law enforcement agency charged with responsibility for handling such investigations and crimes.
To the extent consistent with State and Federal laws regarding privacy and other rights, the District Administrator shall provide the complainant and other parties with a written answer to the complaint as quickly as possible, but not more than thirty (30) calendar days from receipt of the Investigator's report, unless the District Administrator determines that additional investigation is justified, in which case the complainant will be informed of the need for further investigation.
Formal Complaint Investigation
The Board also reserves the right to have the formal complaint investigation conducted by an external person in accordance with this policy and administrative guidelines or in such other manner as deemed appropriate by the Board or its designee.
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 guidelines 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 discussing 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 community on an annual basis, and at such other times as the Board in consultation with the District Administrator 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
National School Boards Association Inquiry and Analysis - May 2008
© Neola 2010
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 guidelines developed by the District Administrator.
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 guidelines developed by the District Administrator.
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 guidelines developed by the District Administrator.
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 District Administrator shall prepare written administrative guidelines for investigating complaints of harassment. These procedures will, at a minimum, provide as follows:
A. The Complaint Coordinator or another individual designated by the District Administrator (the "Investigator") shall conduct an investigation immediately. The District Administrator, or his/her designee, shall oversee the investigation. The District Administrator 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 as soon as possible, but no later than thirty (30) calendar days from receipt of the complaint, unless additional time is needed to conduct a thorough and objective investigation and the complainant is informed of the need for additional time. The Investigator shall make a written report to the District Administrator upon completion of the investigation. If the complaint involves the District Administrator, 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 District Administrator shall report the harassment to the appropriate social service and/or law enforcement agency charged with responsibility for handling such investigations and crimes.
To the extent consistent with State and Federal laws regarding privacy and other rights, the District Administrator shall provide the complainant and other parties with a written answer to the complaint as quickly as possible, but not more than thirty (30) calendar days from receipt of the Investigator's report, unless the District Administrator determines that additional investigation is justified, in which case the complainant will be informed of the need for further investigation.
Formal Complaint Investigation
The Board also reserves the right to have the formal complaint investigation conducted by an external person in accordance with this policy and administrative guidelines or in such other manner as deemed appropriate by the Board or its designee.
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 guidelines 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 discussing 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 community on an annual basis, and at such other times as the Board in consultation with the District Administrator 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
National School Boards Association Inquiry and Analysis - May 2008
© Neola 2010