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FAQ
Q: What is meant by "harassment?"
A: Harassment means behavior based, in whole or in part, on sex, race, religion, national origin, color, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability or handicap which substantially interferes with a person's performance or creates an intimidating, hostile or offensive environment, including name calling, negative stereotyping, or hostile acts.
Q: What is meant by "sexual harassment?"
A: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a physical nature constitutes sexual harassment.
Q: What should a person do if s/he thinks s/he is being harassed at school?
A: A student should contact the building principal and an employee should contact their supervisor. In the case that the principal or supervisor is the alleged harasser, contact the District Human Resources Director. See the Complaint Procedures section below for more details.
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Student Harassment
It is the policy of the School Board to maintain a school environment that is free from all forms of harassment and to insist that each student is treated with dignity, respect, and courtesy. Student harassment means behavior toward students based, in whole or in part, on sex, race, religion, national origin, color, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability or handicap which substantially interferes with a students school performance or creates an intimidating, hostile or offensive school environment, including name calling, negative stereotyping, or hostile acts.
It is the violation of this policy for any student, of the School District of Wisconsin Rapids to harass students through conduct or communications which has the purpose or effect of creating an intimidating, hostile, or offensive learning environment; has the purpose or effect of unreasonably interfering with a persons academic performance; or otherwise adversely affects a persons educational opportunities.
Conduct or communications constituting sexual harassment is defined as follows:
1. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a physical nature constitutes sexual harassment when:
a. submission to such conduct is made either explicitly or implicitly as a term or condition of an individuals employment or education.
b. submission to or rejection of such conduct by an individual is used as the basis for decisions affecting such individuals education, and
c. such conduct has the purpose or effect of unreasonably interfering with an individuals academic performance or creating an intimidating, hostile, or offensive learning environment.
Any behavior toward any student, by another student, employee or volunteer, which constitutes unwelcome sexual advances or requests for sexual favors; the display of derogatory posters, cartoons, drawings, or clothing; uninvited letters, telephone calls, looks, gestures, touching, teasing, jokes, remarks, or questions of a sexual nature; or other verbal or physical conduct of a sexual nature will be considered to be sexual harassment.
The School Board recognizes that students, employees, and volunteers of both sexes work and communicate with each other. Although there is no absolute definition of conduct which constitutes sexual or other harassment in every case, students, employees, and volunteers are asked to conduct themselves reasonably in accordance with the guidelines set forth above.
All students have rights under state and federal laws to be protected from such harassment and are encouraged to report incidents which may violate this policy according to the procedures attached to this policy. Retaliation in any form against any student for complaints or participation in any investigation of alleged harassment is prohibited.
The School Board will not tolerate any conduct which fails to comply with the letter and spirit of these guidelines. Disciplinary measures, up to and including suspension or expulsion of students from school, or up to and including discharge of employees or volunteers, may be imposed for a violation of this policy.
Student Harassment Complaint Procedures
The building principal/director is responsible for handling sexual or other harassment concerns in his/her school. The Director of Human Resources is the designated sexual or other harassment officer in the District. The enforcement of this policy and complaints regarding allegations of harassment under this policy shall be processed according to the following procedure:
Step 1:
Complaints may be presented in writing or orally. Oral complaints will be handled informally at the building level. The complainant may ask the building principal/director or another student or employee to mediate the oral complaint. Written complaints are to be presented to the building principal/director, unless the alleged offender is the building principal/director, in which case the complaint would be presented directly to and processed by the Director of Human Resources. The complaint should include the specific nature of the harassment, the corresponding dates, the name, the address, and the phone number of the complainant. The building principal/director will promptly notify the Director of Human Resources regarding the complaint and will file a copy of the complaint with the Director of Human Resources. All complaints will be kept confidential to the maximum extent possible.
Step 2:
The building principal/director will fully and promptly investigate all oral and written complaints, notify the person who has been accused of harassment, arrange meetings to discuss the complaint with all concerned parties, and submit a report of the results of the investigation to all parties as soon as possible after receiving a complaint. The building principal/director may exercise discretionary authority to discipline the student, employee, or volunteer involved if he/she feels satisfied that the evidence as presented warrants. Such action shall not be in conflict with the appropriate employee collective bargaining agreement or contract.
Step 3:
If the complainant is not satisfied with the result of the investigation by the building principal/director, he/she may submit a written appeal to the Director of Human Resources indicating the nature of the disagreement with the report and reason underlining such disagreement. Such appeal must be filed within ten (10) working days after receipt of the building principal/director's report. The Director of Human Resources will arrange a meeting with the complainant and other affected parties to discuss the appeal, if requested by the complainant or deemed appropriate by the Director of Human Resources. The Director of Human Resources will give a written response to the complainants appeal within thirty (30) working days. The Director of Human Resources may exercise discretionary authority to discipline the student, employee, or volunteer involved if he/she feels satisfied that the evidence as presented warrants the discipline. Such discipline will not be in violation of appropriate collective bargaining agreements or contracts.
Step 4:
If the complainant or the Director of Human Resources wishes to pursue the matter further, either party may file an appeal, requesting a meeting with the superintendent within ten (10) working days after the decision in Step 3 has been rendered. The superintendent shall review the matter with the appropriate parties and provide a response to the appeal within ten (10) working days.
Step 5:
If the complainant or the Superintendent wishes to pursue the matter further, either party may file an appeal requesting a hearing with the Board of Education within ten (10) working days after the decision in Step 4 has been rendered. The Board of Education will hear evidence regarding the matter and take appropriate action to resolve the matter as soon as practicable.
Individuals may submit complaints/appeals to other agencies as provided by state and federal laws.
Sanctions
A substantiated charge against a student in the School District of Wisconsin Rapids will subject that student to student disciplinary action, including suspension or expulsion, consistent with the student discipline code.
A substantiated charge against an employee or volunteer will subject him/her to appropriate disciplinary action, up to and including possible discharge, depending on the severity of the offense.
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411 DISCRIMINATION AND HARASSMENT PROHIBITED
1. The School District of Wisconsin Rapids is committed to equal educational opportunity for all District students.
2. The Wisconsin Rapids Public School District will not deny any person admission to, participation in, or the benefits of any curricular, extra-curricular, pupil services, recreational or other program or activity because of a person's sex, race, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability. The District specifically prohibits staff members, students and volunteers from discriminating against or harassing others based on any of the characteristics described in this paragraph. This policy does not; however, prohibit the District from placing a student in a school, class, program or activity based on objective standards of individual performance or need.
a. For purposes of paragraph two, "discrimination" means any action, policy or practice, including bias, stereotyping and pupil harassment, that is detrimental to a person or group of persons and differentiates or distinguishes among persons, or that limits or denies a person or group of persons opportunities, privileges, roles or rewards based, in whole or in part, on sex, race, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability, or any other characteristic identified in paragraph two, above, or that perpetuates the effects of past discrimination.
b. For purposes of paragraph two, 'harassment' means behavior towards students or staff members based, in whole or in part, on sex, race, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional, or learning disability, or any other characteristic identified in paragraphs 2 and (a), above, that substantially interferes with a student's school performance or a staff member's work performance or creates an intimidating, hostile or offensive school and/or work environment.
3. The District offers fair and equal employment opportunities, and prohibits discrimination and harassment based on an employee's or applicant's age, race, color, creed, religion, disability, marital status, sex, sexual orientation, national origin, ancestry, citizenship, arrest record, conviction record, pregnancy, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or Wisconsin, or use or nonuse of lawful products off District premises and away from District-sponsored activities, as required by law.
4. Discrimination and harassment can arise from a broad range of physical or verbal behavior which can include, but is not limited to, the following:
a. Physical or mental abuse;
b. Racial, ethnic or religious insults or slurs;
c. Unwelcome sexual advances or touching;
d. Sexual comments, jokes, stories or innuendos;
e. Display of sexually explicit or otherwise offensive posters, calendars or materials;
f. Making sexual gestures with hands or body movements;
g. Intentionally standing close or brushing up against a student or employee.
h. Inappropriately staring at a student or employee or touching his or her clothing, hair or body; and
i. Asking personal questions about a student or employee's sexual life.
5. These activities are offensive and inappropriate in the school environment. This is a serious issue not just for the District, but also for each individual. The District specifically prohibits discriminatory or harassing conduct, condoning such conduct by allowing it to go on, and pre-judging harassment or discrimination complaints. District staff members may be held individually liable for harassment or for allowing students to harass each other, and may be subject to the penalties imposed upon employers under state or federal law. The District's policy prohibiting harassment applies to all students, staff members and volunteers whether at school, at school-sponsored co-curricular, extracurricular or social functions, or otherwise. In particular, staff members should understand that they are "on duty" whenever they are with students, even if they are not at school or not at a school-sponsored event.
6. Any District staff member who engages in harassment or discrimination, or retaliates against another person because of a harassment/discrimination report or participation in an investigation, is subject to immediate discipline, up to and including discharge. Any student who engages in harassment or discrimination, or retaliates against another person because of a harassment/discrimination report or participation in an investigation, is also subject to immediate discipline, up to and including suspension and expulsion from the District. Any volunteer who engages in harassment or discrimination, or retaliates against another person because of a harassment/discrimination report or participation in an investigation, may be prohibited from volunteering for the District in any capacity.
7. If any student, staff member or volunteer is aware of a possible violation of this policy, he or she must respond immediately and not ignore the problem. Students, staff members and volunteers should follow the reporting procedures outlined below as soon as possible. It is important that students, staff members and volunteers inform designated administrators about inappropriate conduct as soon as possible, because the District cannot do anything to remedy the problem if the District does not know that the problem exists.
8. This policy prohibiting discrimination and harassment applies to the acceptance and administration of gifts, bequests, scholarships and other aids, benefits, or services to students from private agencies, organizations or persons. It also applies to school sponsored food service programs, the selection of instructional and library media materials, and the methods, practices and materials used for testing, evaluating and counseling students.
9. This policy does not, however, prohibit the use of special testing or counseling materials or techniques to meet the individual needs of students. Furthermore, this policy does not prohibit separate locker rooms, showers and toilets for males and females, although the District will maintain comparable separate facilities. Finally, this policy does not prohibit separate programs in interscholastic athletics for males and females, although the District will provide programs that are comparable in type, scope and District support.
LEGAL REF.: Wisconsin Statutes Section §118.13- Pupil Discrimination Prohibited
PI 9 Wisconsin Administrative Code- Pupil Nondiscrimination
PI 41 Wisconsin Administrative Code- Accomodation of Religious Beliefs
Wis. Stat. §111.321- Prohibited Bases of Discrimination
Wis. Stat. §111.322- Discriminatory Actions Prohibited
Wis. Stat. §111.325- Unlawful to Discriminate
Title VI of the Civil rights Act of 1964
Title IX, Educational Amendments of 1972
Section 504 of the Rehabilitation Act of 1973
Americans with Disabilities Act of 1990
Individuals with Disabilities Education Act Amendments of 1997
Civil Rights Act of 1991
CROSS REF.: 411 Rule, Student Discrimination Complaint Procedure
333, Parent Rights and the Curriculum
386, Religion in the Schools
431 Rule, Student Attendance Procedures
APPROVED: September 1985
REVISED: August 1987
September 12, 1988
December 1992
August 13, 2001
January 8, 2007
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411 RULE STUDENT DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURES
If any person believes that a student has been harassed or discriminated against, and for all other alleged violations of Policy 411, paragraph (2), he or she should follow these procedures:
Step 1. The District will allow a complainant the opportunity to resolve discrimination and harassment complaints on an informal basis, if the complainant asks to do so. Upon a complainant's request, the building principal will facilitate a meeting between the complainant and the alleged harasser/discriminator. If the parties resolve the matter, the principal will prepare a written statement outlining the resolution. If the complainant is not satisfied with the outcome of the meeting, the District will formally investigate the complaint.
Step 2. To begin the formal complaint process, a complainant must submit a written complaint to the District Administrator. If reporting to this person would not be appropriate under the circumstances, the complainant may submit a complaint directly to the Director of Human Resources or the Director of Pupil Services. The District Administrator or his/her designee will send the complainant written acknowledgement of the complaint within 5 days after receiving the complaint. Complainants should send complaints to the following address:
Wisconsin Rapids School District
District Administrator
510 Peach Street
Wisconsin Rapids, WI 54494
Step 3. The District will investigate harassment and discrimination complaints promptly, thoroughly, and impartially. The District Administrator or his/her designee shall conduct the investigation or appoint an investigative team or independent consult to do so. The District Administrator or designee will prepare a written report regarding the investigation, including a description of the District's conclusions and any action taken, within 40 days after the District receives the complaint. The District Administrator or designee shall send a copy of the report to the complainant, the alleged harasser, the Superintendent and the School Board.
Step 4. If either party is not satisfied with the results of the investigation report or the Superintendent's decision, a party must submit a written appeal to the Board within 10 days after the District sends the investigation report to the parties. The Board of Education will hold a private conference with the parties within 30 days after the Board receives the written appeal. In response to the appeal, the Board will send a written decision to the parties and the Superintendent within 10 days after the private conference.
Step 5. Either party may appeal the Board of Education's decision to the State Superintendent. Parties should send appeals to the following addresss:
State Superintendent
Wisconsin Department of Public Instruction
P.O. Box 7841
Madison WI 53707-7841
Students with a disability under Section 504 of the Rehabilitation Act may also request a Section 504 due process hearing pursuant to School Board Policy 411.
At any time, students may also file a complaint with the U.S. Department of Education's Office for Civil Rights at the following address:
Office of Civil Rights, Chicago Office
U.S. Department of Education
111 North Canal Street, Suite 1053
Chicago, IL 60606-7204
Copies of the complaint procedures shall be kept in each building office. Reference to policies and procedures for filing a complaint are included in student handbooks and sent home to all parents annually.
APPROVED: September 1985
REVISED: December 1992
August 13, 2001
January 8, 2007
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511 EQUAL EMPLOYMENT OPPORTUNITY
The conditions of employment in this School District, including the wages, hours, terms and benefits, shall be applied without regard to race, creed, religion, color, national origin, sex or sexual orientation, marital status, age, political affiliation, disability, handicap, citizenship, ancestry, arrest or conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States of Wisconsin, or use or nonuse of a lawful product off District premises during non-working hours or any other reason prohibited by law.
Further, there shall be no discrimination by the Superintendent or other school officers against any employee because of his/her activity or membership in an employee organization.
Reasonable accomodations shall be made for qualified individuals with a disability or handicap, unless such accomodations would impose an undue hardship to the District.
Complaints regarding the interpretation or application of this policy shall be referred to the administrative staff and processed in accordance with established procedures. Notice of this policy shall be given in accordance with state and federal laws.
LEGAL REF.: Titles VI, VII of the Civil Rights Act of 1964
Title IX, Education Amendments of 1972
Section 504 of Rehabilitation Act of 1973
Americans with Disabilities Act of 1990
Immigration Reform and Control Act of 1986
Civil Rights Act of 1991
Age Discrimination Act of 1975
Sections 111.31-111.395 Wisconsin Statutes
118.195
118.20
CROSS REF.: 511-Rule, Employee Discrimination Complaint
WREA Agreement
AFL-CIO Local 95 Agreement (Office/Professional Employees)
AFL-CIO Local 1075 Agreement (Lunch, Custodians and Maintenance/Computer Technicians)
Substitute Teachers' Agreement
APPROVED: November 11, 1974
REVISED: January 14, 2002
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