Pupil Nondiscrimination Policy

 
 

FAQ

Q: What is meant by "Pupil Nondiscrimination?"

A: No person may be discriminated against in any curricular, extra-curricular, student services, recreational, or other program on the basis of sex, race, color, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, physical, mental, emotional or learning disability or handicap.

Q: What accommodations can be made for students whose religious beliefs conflict with school activities?

A: Possible accommodations include exclusion from participation in an activity, alternative assignments, released time from school to participate in religious activities and opportunities to make up work missed due to religious observances.

Q: What should a student do if s/he feels that s/he has experienced discrimination at school?

A: Discuss the situation with the school principal. See the Complaint Procedures section below for more details.

 

Equal Educational Opportunities

The School District of Wisconsin Rapids is committed to equal educational opportunities for all District students.

It is the District's policy, pursuant to state and federal laws and regulations, that no person may be denied admission to any school in this District or be denied participation in, be denied the benefits, or be discriminated against in any curricular, extra-curricular, student services, recreational, or other program on the basis of sex, race, color, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, physical, mental, emotional or learning disability or handicap. In addition, arrangements can be made to ensure that lack of English language skills is not a barrier to admission to or participation in education programs.

Students who have been identified as having a handicap or disability shall be provided with appropriate educational services or programs, regardless of the nature or severity of the handicap or disability. This policy applies even if such students are not covered under provisions of the Individuals with Disabilities Education Act (IDEA) or state law governing students with disabilities.

The District will operate each program and activity so that they are readily accessible to handicapped persons. This does not require the District to make each of its existing facilities or every part of a facility accessible to and useable by handicapped persons. The District will ensure that areas likely to be used by all students (lunchrooms, bathrooms, libraries, athletic fields, playground, auditoriums, gymnasiums, etc.) are readily accessible to handicapped students.

The District shall also provide for the reasonable accommodation of a student's sincerely held religious beliefs with regard to examinations and other academic requirements. Requests for accommodations shall be made in writing and approved by the building principal.

Accommodations may include, but are not necessarily limited to, exclusion from participation in an activity, alternative assignments, released time from school to participate in religious activities and opportunities to make up work missed due to religious observances. Any accommodations granted under this policy shall be provided to students without prejudicial effect.

Student Discrimination Complaint Procedure

Any alleged violations of the District's Equal Educational Opportunities Policy are to be processed in the following manner:

1. The aggrieved student should discuss the alleged violation with his/her building principal.

a. Discrimination complaints relating to the identification, evaluation, educational placement or the provision of free appropriate public education of a student with Exceptional Educational Needs (EEN) shall be processed in accordance with established appeal procedures outlined in the District's Special Education Handbook.

b. Discrimination complaints relating to programs specifically governed by federal law or regulation shall be referred directly to the State Superintendent of Public Instruction.

2. If the grievance is not resolved in step one within twenty (20) working days, the grievance should be placed in writing and presented to the Superintendent.

3. If the grievance is not settled within twenty (20) working days, it will be submitted in writing to the Board Personnel Services Committee. The Committee will meet to rule on the grievance within twenty (20) working days.

4. Any person who receives a negative determination relating to state student nondiscrimination laws may appeal to the State Superintendent of Public Instruction within twenty (20) working days of the Board's decision.

A complaint or appeal may also be made on some of the above bases (Title IX, Title VI, Section 504, Americans with Disabilities Act) to the Office of Civil Rights, U.S. Department of Education, 300 South Wacker Drive, 8th Floor, Chicago, Illinois, 60606.

Inquiries concerning the District's Equal Educational Opportunities Policy should be referred to the Director of Human Resources, 510 Peach Street, Wisconsin Rapids, WI 54494, 715-422-6008.

 511 DISCRIMINATION AND HARASSMENT PROHIBITED

(See Policy 411 – Discrimination and Harassment Prohibited.)

 411 DISCRIMINATION AND HARASSMENT PROHIBITED

1. The School District of Wisconsin Rapids is committed to equal educational opportunities 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 one, 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 paragraph 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

 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 or Volunteer Discrimination and Harassment Complaint Procedures
               WREA Agreement
               AFL-CIO Local 95 Agreement (Office/Professional Employees)
               AFL-CIO Local 1075 Agreement (Lunch, Custodians and Maintenance)
   Substitute Teachers’ Agreement

APPROVED:  January 8, 2007
511 RULE – EMPLOYEE OR VOLUNTEER DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURES

If any employee or volunteer believes that he or she has been harassed or discriminated against, contrary to Policy 411, paragraph (2), he or she should follow these procedures:

Step 1. The District will allow complainants the opportunity to resolve discrimination and harassment complaints on an informal basis, if the complainant asks to do so.  Upon a complaintaint’s request, the building principal (or if the building principal is the alleged harasser/discriminator, the complainant may contact the District Administrator directly) will facilitate a meeting between the complainant and the alleged harasser/discriminator.  If the parties resolve the matter, the building 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, the complainant must submit a written complaint to the Director of Human Resources.  (If reporting to this person would not be appropriate under the circumstances, the complainant must submit a complaint directly to the District Administrator or his/her designee.)  The Director of Human Resources (or another appropriate administrator) will send the complainant written acknowledgment of the complaint within 5 days after receiving the complaint.  Complainants should send complaints to the following address:

Director of Human Resources
Wisconsin Rapids Public School District
510 Peach Street
Wisconsin Rapids WI  54494

Step 3. The District will investigate harassment and discrimination complaints promptly, thoroughly, and impartially.  The Director of Human Resources shall conduct the investigation or appoint an investigative team or independent consultant to do so.  The Director of Human Resources will prepare a written report regarding the investigation, including a description of the District’s conclusions and any action taken, within 45 days after the District receives the complaint.  The Director of Human Resources shall send a copy of the report to the complainant, the alleged harasser, the District Administrator and the School Board.

Step 4. If either party is not satisfied with the results of the investigation report or the District’s decision, he or she may appeal the decision to the Board of Education.  To appeal the 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 District Administrator within 10 days after the private conference.

At any time, complainants, volunteers/employees may also file a complaint with the U.S. Department of Education’s Office for Civil Rights at the following address:

Office for Civil Rights, Chicago Office
U.S. Department of Education
111 North Canal Street, Suite 1053
Chicago IL  60606-7204

Every employee will receive a copy of this policy upon their hiring.  A copy of this policy will be kept in each building office and maintained on the District WebPage.  Every employee will receive/review this policy on an annual basis through the District’s in-service. 


APPROVED: July 13, 1981

REVISED: March 8, 1993
                January 14, 2002
               January 8, 2007

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