Adopted:

411.11

PORT EDWARDS PUBLIC SCHOOLS

Board of Education Policy

STUDENT SEXUAL HARASSMENT

The Port Edwards Board of Education supports an educational environment that is free of discrimination and sexual harassment of any form. It is therefore the policy of the district that neither students, employees, nor volunteers will be allowed to engage in any form of sexual harassment toward students.

“Sexual harassment” means unwelcome sexual advances, unwelcome physical contact of a sexual nature, or unwelcome verbal or physical conduct of a sexual nature. “Unwelcome verbal or physical conduct of a sexual nature” includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments, or the deliberate, repeated display of offensive sexually graphic materials. Sexual harassment is prohibited in the school setting for the following reasons:

1. Sexual harassment violates the provisions of Title IX and may violate the State of Wisconsin Criminal Code.

2. Sexual harassment often involves an abuse of power or authority.

3. Sexual harassment creates a hostile educational environment.

4. Sexual harassment is demeaning, offensive, and abusive.

5. Sexual harassment violates individual rights, creates stress and tensions, and can cause emotional or

physical pain, discomfort, and injury.

Students who believe they have been subjected to sexual harassment or any parents/guardians who believe their student has been subjected to sexual harassment should report the incident(s) to the building principal/designee. It is the intent of the Port Edwards School District to create an atmosphere where complaints will be treated fairly and promptly. If a student or parent is not comfortable with making a complaint to the principal/designee, the complaint may be made to a teacher, counselor, or social worker with the understanding that incidents must be reported to administration for review and action. The employee receiving the complaints shall immediately report the complaint to the principal or other administrator and district superintendent.

Witnesses are strongly encouraged to report observed incidents of sexual harassment to the administration. Every effort will be made when requested to maintain the confidentiality of witness identity to the extent possible (e.g. an individual is requested to testify as a witness in a hearing).

The administration and staff will inform students and employees that the Port Edwards School District does not tolerate sexual harassment in any form and will take all necessary and appropriate action to eliminate it, up to and including discipline of offenders. Students will be informed of this policy annually and the complaint procedure will be made available to any student or parent/guardian wishing to file a complaint.

PROTECTIONS FOR PERSONS FILING COMPLAINTS

Individuals reporting incidents or giving information about a complaint of sexual harassment will be protected from retaliation. Any individual who engages in retaliatory conduct against a complainant will be subject to discipline under this policy.

LEGAL REF.: Wisconsin Administrative Code PI 9

Wisconsin Statutes 118.13, 120.13(1)

Title IX, Education Amendments of 1972

Chapter 227

CROSS REF.: 411 – Policy, Equal Educational Opportunity

411 – Rule, Student Discrimination Complaint Procedures

411.1 – Rule(1), Student Harassment Administrative Rules

411.1 – Rule(2), Student Harassment Complaint Procedures

411.1 – Exhibit(1), Student Harassment Incident Report

411.1 – Exhibit(2), Student Harassment Complaint Form

443 – Policy, Student Conduct

Student Handbooks

Staff Handbooks

Adopted: 02/24/97

Reviewed:

Revised: 09/13/04, 08/16/10

411.11 – Rule (1)

ADMINISTRATIVE RULES

DISSEMINATION OF POLICY

Every employee will annually receive a copy of the policy and procedures in his/her respective staff handbook.

Every school board member will retain a copy of the policy and procedures in his/her policy handbook.

Every student or student’s parent/guardian will receive a copy of the policy and administrative rules each year in the district newsletter and in his/her student’s handbook.

Discussion of sexual harassment behaviors will be included at an age appropriate level and in the proper context.

Rules, including the complaint procedures and associated form(s), will be given to any individual wishing to file a complaint.

Information will be posted at each work place advising employees and volunteers of the policy and the procedures for filing a complaint.

This policy will be reviewed annually by the administrative team in which an understanding of sexual harassment, the board’s policies and complaint procedures, and the importance of vigilance will be emphasized.

SEXUAL HARASSMENT GUIDELINES - STUDENT

The Port Edwards School District does not tolerate sexual harassment in any form and will take all necessary and appropriate action to eliminate it, up to and including discipline of offenders. It is the policy of the Port Edwards School District to maintain a learning environment free of any form of sexual harassment as defined by policy or intimidation toward and between students.

It is essential that staff and students have a clear understanding of behaviors that fall within the definition of “sexual harassment.” Sexual harassment is engaging in any type of sexually-oriented conduct that would unreasonably interfere with another’s ability to learn or function in the school environment. Examples of conduct which creates such interference are as follows:

A. Unwelcome or unwanted physical contact, such as, but not limited to: touching, patting, pinching, hugging, brushing against another’s body, pulling at another’s clothing, forcing another to a wall or corner through body position or movement, etc.

B. Requests or demands for sexual favors: This includes but is not limited to subtle or blatant expectations, pressures or requests for any type of sexual favor accompanied by an implied or stated promise of preferential treatment or negative consequence.

C. Verbal abuse: Examples of verbal abuse are commenting about an individual’s body or appearance where such comments go beyond mere courtesy; telling “dirty jokes” that are clearly unwanted and considered offensive by others; or any other tasteless, sexually-oriented comments, innuendoes, or actions that offend others.

D. Display of sexually graphic or explicit materials regardless of form (i.e., photographs, drawings, posters, etc.).

411.11 – Rule (2)

STUDENT SEXUAL HARASSMENT COMPLAINT PROCEDURE

It is important for these procedures to respect and advance the rights of all parties, including the protection of personal privacy interests and the protection of the reputation of all concerned and involved parties. In order to ensure fair procedures and to protect these interests, all parties are encouraged to keep these matters confidential. All investigating and reviewing officers are charged with the responsibility to hold these matters in the strictest possible confidence in order to guard against the unnecessary or inadvertent disclosure of information relating to any pending investigations.

Students who believe they are the victims of sexual harassment or parents/guardians who believe their child is a victim of sexual harassment, should immediately report their concerns to the principal, social worker, a guidance counselor, or teacher.

All complaints will be taken seriously and will be subject to thorough review and immediate investigation by the receiving office or designee. While time periods are established below for the completion of various actions, the reviewing office shall provide prompt written notice to concerned parties of the expected time period for completion of the required action when exceptional circumstances do not allow completion within a reasonable time period.

The following procedures will be used:

Complaint Procedures

The district encourages informal resolution of complaints under this policy. If any person believes that the Port Edwards School District or any part of the school organization has failed to follow the established laws and rules, or in some way discriminates against students, in violation of this policy, he/she may bring or send a complaint to the administration office at the following address: 801 Second Street, Port Edwards, WI 54469.

INFORMAL PROCEDURE

The person who believes he/she has a valid basis for a complaint shall discuss the concern with the building principal, who shall in turn investigate the complaint and reply to the complainant in writing. If this reply is not acceptable to the complainant, he/she may initiate formal procedures according to the steps listed.

FORMAL PROCEDURES

Step 1 A written statement of the complaint shall be prepared by the complainant and signed. This complaint shall be presented to the district superintendent within five (5) business days of receipt of the written reply to the informal complaint. The superintendent shall further investigate the matters of the complaint and reply in writing to the complainant.

Step 2 If the complainant remains unsatisfied, he/she may appeal through a signed, written statement to the school board within five (5) days of her/her receipt of the district superintendent’s response. In an attempt to resolve the complaint, the school board shall meet with the concerned parties and their representatives. A written copy of the board’s disposition of the appeal shall be sent to each concerned party.

Step 3 If a complainant wishes to appeal a negative determination by the board, he/she has the right to appeal the decision to the state superintendent within 30 days of the board's decision. In addition, the complainant may appeal directly to the state superintendent if the board has not provided written acknowledgment within 45 days of receipt of the complaint or made a determination within 90 days of receipt of the written complaint. Appeals should be addressed to: State Superintendent, Wisconsin Department of Public Instruction, 125 South Webster Street, P.O. Box 7841, Madison, WI 53707.

411.11 – Exhibit(1)

INCIDENT REPORT

This form should be used only to identify a possible incident of student sexual harassment. It is designed to assist any staff member at a school site who may receive a complaint about sexual harassment from a student. The student does not complete this form; the staff person to whom the student complains should complete it. This form must be promptly forwarded to the building principal. Do not interview the student. Use the appropriate category/categories below to record the information volunteered by the student.

Sexual harassment is defined in part as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when it creates an intimidating, hostile, or offensive environment.

On ____________________________________________, I talked with __________________________________________

Date Student Name

about a problem with ______________________________________________________________________________ who:

Staff/Student Name

Indicate all that apply:

r Made remarks with sexual connotations to: __________________________________________________

r Made sexually derogatory comments to: _____________________________________________________

r Told sexual types of offensive jokes/stories to: _______________________________________________

r Made sexual offensive slur(s) to: __________________________________________________________

r Touched _________________________________________________________ in an unwelcome manner.

r Interfered with movement of: ______________________________________________________________

r Displayed derogatory sexual material to: _____________________________________________________

r Made sexually suggestive remarks/actions to: ________________________________________________

r Withheld or promised benefits for exchange of sexual behavior to: ________________________________

r Spread rumors of a sexual nature

r Displayed sexually suggestive objects

r Student information was too vague to determine exact nature of complaint

r Other: ________________________________________________________________________________

How this came to my attention: __________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________

Signed: ___________________________________________

Date: _____________________________________________

Position: __________________________________________

Site: _____________________________________________

411.11 – Exhibit(2)

STUDENT SEXUAL HARASSMENT COMPLAINT FORM

This form should be used to identify a possible incident of student harassment. It is designed to assist any student at a school site who feels they may have been the victim of sexual harassment. This form should be submitted to the building principal.

Name _______________________________________________________ Grade ________________________________

Who was responsible for the sexual harassment? ___________________________________________________________

____________________________________________________________________________________________________

Describe the harassment or harassing behavior: _____________________________________________________________

____________________________________________________________________________________________________

First incident: ________________________________________________________________________________________

____________________________________________________________________________________________________

Approximate date, time and place ________________________________________________________________________

____________________________________________________________________________________________________

What was your reaction? _______________________________________________________________________________

____________________________________________________________________________________________________

Subsequent incidents: _________________________________________________________________________________

____________________________________________________________________________________________________

Approximate dates, times and places _____________________________________________________________________

____________________________________________________________________________________________________

What was your reaction? _______________________________________________________________________________

____________________________________________________________________________________________________

List any witnesses to the sexual harassment: _______________________________________________________________

____________________________________________________________________________________________________

I understand that these incidents will be investigated,

but this form will be kept confidential to the extent possible.

Complainant Signature _________________________________________________________________________________

Date _______________________________________________________________________________________________

===============================================================================================

FOR ADMINISTRATION USE

Dates of investigation of complaint: _______________________________________________________________________

____________________________________________________________________________________________________

Date of final report: ____________________________________________________________________________________

Date of follow-up conference with complainant ______________________________________________________________

Results: _____________________________________________________________________________________________

____________________________________________________________________________________________________