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SEXUAL HARASSMENT AND HARASSMENT BASED ON RACE, NATIONAL ORIGIN, AND DISABILITY ARE AGAINST THE LAW. DISCRIMINATION IS AGAINST THE LAW.

I. DEFINITIONS

  1. Sexual Harassment
    For purposes of this policy, sexual harassment of a student or an individual consists of unwelcome and unsolicited sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when:
    1. a school employee or student or any individual causes a student or any individual to believe that he or she must submit to unwelcome sexual conduct in order to participate in a school program or activity, or when an employee or third party agent of the school district causes a student to believe that the employee will make an educational decision based on whether or not the student submits to unwelcome sexual conduct; or
    2. the unwelcome sexual conduct is so severe, persistent or pervasive that it affects a student’s or any individual’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational or employment environment.
  2. Harassment because of race or color
    For purposes of this policy, racial harassment of a student consists of verbal or physical conduct relating to an individual’s race or color, when
    1. the harassing conduct is sufficiently severe, persistent or pervasive that it affects a student’s or any individual’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment;
    2. the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance; or
    3. the harassing conduct otherwise adversely affects an individual’s learning opportunities; or
    4. the harassing conduct otherwise adversely effects an individual’s employment.
  3. Harassment based upon national origin or ethnicity
    For purposes of this policy, ethnic or national origin harassment of a student consists of verbal or physical conduct relating to an individual’s ethnicity or country of origin or the country of origin of the individual’s parents, family members or ancestors when
    1. the harassing conduct is so severe, persistent or pervasive that it affects a student’s or any individual’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment;
    2. the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance, or;
    3. the harassing conduct otherwise adversely affects an individual’s learning opportunities; or
    4. the harassing conduct otherwise adversely affects an individual’s employment.
  4. Harassment because of disability
    For purposes of this policy, harassment because of the disability of a student or any individual consists of verbal or physical conduct relating to an individual’s physical or mental impairment when
    1. the harassing conduct is so severe, persistent or pervasive that it affects a student’s or any individual’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, or abusive educational environment;
    2. the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or
    3. the harassing conduct otherwise adversely affects an individual’s learning opportunities; or
    4. the harassing conduct otherwise adversely affects an individual’s employment.

II. REPORTING PROCEDURES

Any student or individual who believes he or she has been the victim of sexual harassment or harassment based on race, color, national origin, or disability by a student, teacher, administrator or other school personnel of the District, or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extra curricular activities, under the auspices of the School District, is encouraged to immediately report the alleged acts to an appropriate School District official designated by this policy. Any teacher, administrator, or other school official who has or receives notice that a student has or may have been the victim of sexual harassment or harassment based on race, color, national origin, or disability by a student, teacher, administrator or other school personnel of the District, or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extra curricular activities, under the auspices of the District, is required to immediately report the alleged acts to an appropriate District official designated by this policy.

Any other person with knowledge or belief that a student or any individual has or may have been the victim of sexual harassment or harassment based on race, color, national origin, or disability as set forth above, is encouraged to immediately report the alleged acts to an appropriate School District official designated by this policy.

The District encourages the reporting party or complainant to use the report form available from the District office, but oral reports shall be considered as complaints as well. Use of formal reporting forms is not mandated. Nothing in this policy shall prevent any person from reporting harassment directly to the District Human Rights Officer.

  1. The Principal or designee is the person responsible for receiving oral or written reports of sexual harassment, or harassment based on race, color, national origin, or disability. Any adult District personnel who receive a report of sexual harassment, or harassment based on race, color, national origin, or disability shall inform the Principal immediately.

    Upon receipt of a report, the Principal or designee must notify the District Human Rights Officer immediately, without screening or investigating the report. The Principal or designee may request but may not insist upon a written complaint. A written statement of the facts alleged will be forwarded as soon as practicable by the Principal to the Human Rights Officer. If the report was given verbally, the Principal or designee shall personally reduce it to written form within 24 hours and forward it to the Human Rights Officer. Failure to forward any harassment report or complaint as provided herein will result in disciplinary action against the Principal. If the complaint involves the Principal, the complaint shall be made or filed directly with the District Human Rights Officer by the reporting party or the complainant.
  2. The Board has designated the District Administrator as the District Human Rights Officer with responsibility to identify, prevent, and remedy harassment. The District Human Rights Officer shall:
    1. receive reports or complaints of sexual harassment, and harassment based on race, color, national origin, or disability;
    2. oversee the investigative process;
    3. be responsible for assessing the training needs of the District’s staff and students in connection with the dissemination, comprehension, and compliance with this policy;
    4. arrange for necessary training required for compliance with this policy; and
    5. ensure that any investigation is conducted by an impartial investigator who has been trained in the requirements of equal educational opportunity, including harassment, and who is able to apply procedural and substantive standards which are necessary and applicable to identify unlawful harassment, recommend appropriate discipline and remedies when harassment is found, and take other appropriate action to rectify the damaging effects of any prohibited discrimination, including interim protection of the victim during the course of the investigation.
    If any complaint involves a Human Rights Officer, the complaint shall be filed directly with the President of the Board of Education.

The District shall conspicuously post this policy against harassment and violence, in a place accessible to students, faculty, administrators, employees, parents and members of the public. The District’s Human Rights Officer is:

Dr. George Steffen
26325 Wilmot Road
Trevor, WI 53179
262-862-2356

The State agency responsible for investigating allegations of discrimination in educational opportunities is:

Wisconsin Department of Public Instruction
Pupil Nondiscrimination Program
125 S. Webster Street
Madison, WI 53707
608-267-9157
http://dpi.wi.gov/sped/puplnondis.html

The Federal agency responsible for investigating allegations of discrimination in education is:

Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue S.W.
Washington, D.C. 20202-1100
202-245-6800 1-800-421-3481
E-mail: OCR@ed.gov
Web: http://www.ed.gov/ocr

  1. A summary of this policy shall appear in the student handbook, and the policy in its entirety shall be made available upon request of parents, students, and other interested parties.
  2. The District Administrator will develop a method of discussing this policy with students and employees. Training on the requirements of non-discrimination and the appropriate responses to issues of harassment will be provided to all school personnel on an annual basis, and at such other times as the Board in consultation with the District Administrator determines is necessary or appropriate.
  3. This policy shall be reviewed by the District Administrator at least annually for compliance with state and federal law.
  4. The District will respect the privacy of the complainant, the individuals against whom the complaint is filed, and the witnesses as much as possible, consistent with the District’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations.

III. INVESTIGATION

Upon receipt of a report or complaint alleging sexual harassment or harassment based upon race, national origin, or disability, the Human Rights Officer shall immediately undertake or authorize an investigation. That investigation may be conducted by the Principal or designee and reported back to the District Administrator.

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 that may be relevant to the particular allegations.

In determining whether the alleged conduct constitutes a violation of this policy, the District shall consider

Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.

The investigation shall be completed no later than fourteen days from receipt of the report. The District Human Rights Officer shall make a written report upon completion of the investigation. 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 District Human Rights Officer’s obligation to conduct this investigation shall not be extinguished by the fact that a criminal investigation involving the same or similar allegations is also pending or has been concluded.

IV. DISTRICT ACTION

  1. Upon receipt of a report that a violation has occurred, the Principal or designee 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 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. In determining what is an appropriate response to a finding that harassment in violation of this policy has occurred, the Principal shall consider
    • what response is most likely to end any ongoing harassment
    • whether a particular response is likely to deter similar future conduct by the harasser or others
    • the amount and kind of harm suffered by the victim of the harassment
    • the identity of the party who engaged in the harassing conduct
    • whether the harassment was engaged in by school personnel, and if so, the District will also determine how it can best remediate the effects of the harassment.

In the event that the evidence suggests that the harassment at issue is also a crime in violation of a Wisconsin criminal statute, the Board shall also direct the District Human Rights Officer to report the results of the investigation to the appropriate law enforcement agency charged with responsibility for handling such crimes.

  1. The results of the Principal’s investigation of each complaint filed under these procedures will be reported in writing to the complainant and other parties by the District in accordance with state and federal laws regarding data or records privacy, and consistent with the privacy rights of the alleged harasser.
  2. If the results of the Principal’s evaluation of a complaint of harassment results in a conclusion that an individual has engaged in unlawful harassment in violation of this policy, or that school personnel have failed to report harassment as required herein, that individual may appeal this determination by use of established Board procedures for appealing other adverse personnel and/or education related actions. If the results of the District’s evaluation of a complaint of harassment results in a conclusion that no unlawful harassment has occurred, an individual who has been allegedly subjected to harassment and believes that this conclusion is erroneous may appeal this determination by use of established Board procedures for appealing other adverse personnel and/or education related actions.
  3. Copies of all complaints of harassment and the investigations conducted pursuant to them shall be maintained for a minimum period of three years at the main administrative office of the District.

V. REPRISAL

Submission of a good faith complaint or report of sexual harassment, or harassment based upon race, color, disability, or national origin will not affect the complainant or reporter’s future employment, grades, learning, or working environment or work assignments.

The District will discipline or take appropriate action against any student, teacher, administrator or other school personnel who retaliates against any person who reports an incident of alleged sexual, racial, ethnic or disability related harassment or violence, or any person who testifies, assists or participates in a proceeding investigation or hearing relating to such harassment or violence. Retaliation includes, but is not limited to any form of intimidation, reprisal or harassment.

Contact: ________George F. Steffen_______________________________
Human Rights Officer