No student may be denied admission to, be denied participation in, be denied the benefits of, or be discriminated against in any curricular, extracurricular, student services, recreational or other program or activity because of the student’s sex, race, ancestry, creed, religion, color, pregnancy, marital or parental status, sexual orientation, national origin or undocumented/immigration status (including limited English proficiency), marital or parental status, transgender status, (including gender expression, gender identity and gender nonconformity (see, Policy 5110.2), social, economic or family status or physical, mental, emotional or learning disability or handicap in accordance with Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972 (see Policy 1710), and Sections 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (see Special Education Program and Procedure Manual). Harassment on any of these bases is also prohibited. Decisions relative to classes or activities based on a student’s individual performance or needs is not considered to be discriminatory.
Consistent with the District’s legal requirements, the District shall not discriminate against any student on the basis of a protected status or classification as identified by law, in its curricular, career and technical education, co-curricular, student services, recreational or other programs or activities, or in admission to or access to programs or activities offered by the District. This includes, but is not limited to, the following:
- Admission to any school, class, program, or activity;
- Standards and rules of behavior, including student harassment;
- Disciplinary actions, including suspensions and expulsions;
- Methods, practices and materials used for testing, evaluating and counseling students;
- Opportunity for participation in athletic programs or activities; and
- School-sponsored food service programs.
Similarly, the District prohibits harassment based on a student’s protected status. “Harassment” means any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal or physical conduct directed against a student based on the student’s protected status that:
- Places a student in reasonable fear of harm to their person or damage to their property;
- Has the effect of substantially interfering with a student’s performance or opportunities; or
- Has the effect of substantially disrupting the orderly operation of a school.
The District encourages informal resolution of complaints under this policy. A formal complaint procedure shall also be available to address allegations of violations that cannot be resolved informally.
Annually, the District shall provide public notice of this policy, the name and address of the designated staff member to receive complaints and the complaint procedures. Student nondiscrimination and anti-harassment statements shall also be included in staff and student handbooks, course selection handbooks and other published materials distributed to the public describing school activities and opportunities. This policy and its complaint procedure shall be published annually through the student information system or through direct email publication.
Any complaint regarding the interpretation or application of the District’s student nondiscrimination and anti-harassment related policies shall be processed in accordance with the following procedures.
PLEASE NOTE: Discrimination complaints involving federal law violations (sex, race, color, national origin, handicap or disability) may be made directly at any time to the U.S. Office for Civil Rights – Region V, 401 South State Street, Chicago IL 60605-1292 and a student is not obligated to follow this informal complaint procedure for such complaints.
DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE
This Policy and procedure does not apply to claims of sexual harassment in accordance with Title IX. Such allegations will be addressed as specified in Board Policy 1710 – Nondiscrimination on the Basis of Sex in Education Programs or Activities. If a student believes they were subject to Title IX sexual harassment, they should contact the Title IX Coordinator(s), as described in Board Policy 1710 for purposes of filing a complaint.
The Chief of School Leadership shall serve as the District’s anti-discrimination and anti-harassment Compliance Officer (“CO”) and shall be responsible for facilitating any investigation of discrimination or harassment under this Policy. Any student who believes they have been subjected to discrimination or harassment, should file a complaint with the CO. The following individual is designated to serve as the District’s Compliance Officer:
Chief of School Leadership
3600 52nd Street
Kenosha, WI 53144
The District CO shall be responsible for coordinating the District’s compliance efforts with this policy and state and federal law regulations relative to anti-discrimination and anti-harassment in the District’s education programs.
Reporting Discrimination or Harassment
The District promotes the voluntary resolution of problems at the level of government closest to their source and, as such, encourages informal resolution of student discrimination and harassment complaints. Any request to informally resolve a complaint should be directed to the student’s building principal. Upon receipt of a request to informally resolve a complaint the building principal shall notify the CO within two (2) school days. If a complaint cannot be resolved informally, the Complainant may initiate a formal complaint as outlined below. An informal resolution of a complaint does not prohibit the filing of a formal complaint at any time.
Filing of a Formal Complaint
To file a formal complaint, the Complainant shall present a signed written statement to the CO The statement shall specify the nature of the alleged discrimination, the facts (including specific details and corresponding dates), the relief sought and the name, address and phone number of the Complainant. The timelines governing the resolution of the formal complaint do not go into effect until the written complaint is received.
The CO shall acknowledge, in writing, the receipt of the formal complaint within two (2) business days. The Complainant’s wishes with respect to whether the District investigates reported conduct will be considered, subject to applicable state and federal law. The Board reserves the right to investigate and resolve a complaint or report of discrimination/retaliation regardless of whether the Complainant pursues the complaint. The Board also reserves the right to have the complaint investigation conducted by an external person in accordance with this policy or in such other manner as deemed appropriate by the Board or its designee.
The CO or their designee shall thoroughly and impartially investigate the discrimination and/or harassment complaint. Investigators may be staff members or independent contractors.
The CO shall notify the Respondent that a complaint has been received within five (5) business days. The Respondent will be informed about the nature of the allegations, be provided with a copy of this Policy. The Respondent will also be notified of the opportunity to submit a written statement.
Although certain cases may require additional time, the CO will attempt to complete an investigation into the allegations of discrimination and/or harassment within a reasonably prompt time frame, not to exceed forty-five (45) calendar days. The investigation will include:
- interviews with the Complainant;
- interviews with the Respondent;
- interviews with any other witnesses who may reasonably be expected to have any information relevant to the allegations, as determined by the CO; and
- consideration of any documentation or other evidence presented by the Complainant, Respondent, or any other witness which is reasonably believed to be relevant to the allegations, as determined by the CO.
Compliance Officer’s Conclusion
After the CO thoroughly investigates the complaint, the CO shall provide a written conclusion to the Complaint within sixty (60) calendar days after receipt of the written formal complaint, unless the parties agree, in writing, to extend the timeline.
Appeal to the Superintendent
If the Complainant is not satisfied with the conclusion of the CO, a written appeal to the Superintendent may be submitted, indicating with particularity, the nature of the disagreement with the answer. This appeal must be filed within five (5) calendar days after receipt of the CO’s answer. The Superintendent or designee shall arrange a meeting with the Complainant, at a mutually agreeable time, to discuss the appeal. The Superintendent or designee shall, by certified mail, provide a written answer to the Complainant’s appeal within ten (10) calendar days. The decision of the Superintendent shall be the final determination of the matter.
APPEAL TO THE STATE SUPERINTENDENT
If a Complainant wishes to appeal the Superintendent’s decision, there is the right to appeal the decision to the State Superintendent within thirty (30) calendar days of the written notification of the Board’s decision. The appeal must specify the grounds upon which the action was brought, the facts and the relief sought, and must be signed by the Complainant. If the Complainant is a minor, the appeal shall also be signed by his/her parent or guardian. Appeals should be addressed to: State Superintendent, Wisconsin Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841.
NONDISCRIMINATION OF STUDENTS WITH DISABILITIES
Pursuant to Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, students with disabilities may not be discriminated against on the basis of their disability and they shall be provided with a free appropriate public education regardless of the nature or severity of their disability. Students may be considered disabled under this policy even if they are not covered under the District’s special education policies and procedures.
Students with disabilities may also require reasonable accommodations. Requests for accommodations shall be made in writing and approved by the building principal after approval from Administration. Accommodations may include, but not necessarily be limited to, exclusion from participation in an activity, alternative assignments, and make up opportunities for coursework missed due to religious observances. Any accommodations granted under this policy shall be provided to students without prejudicial effect.
Discrimination complaints relating to the identification, evaluation, educational placement or the provision of free appropriate public education of a student with a disability under the Individuals with Disabilities Act shall be processed in accordance with established appeal procedures outlined in the District’s Special Education Program and Procedure Manual.
Discrimination complaints relating to programs specifically governed by federal law or regulation (e.g., Title 34, Code of Federal Regulations, Parts 75-79, 81-86, and 97-99, “EDGAR complaints” or 20 USC § 1400 et seq., “IDEA complaints” may be referred directly to the State Superintendent of Public Instruction.
In situations where discrimination and/or harassment has been substantiated, appropriate remedial action shall be identified and implemented on behalf of the Complainant. Remedial actions may include, but shall not be limited to counseling services, reinstatement of paid leave allotments utilized as a result of the harassment, workplace modifications, or other appropriate action.
The CO shall ensure follow up with the Complainant to ensure no further discrimination, harassment, or retaliation has occurred and to take further necessary and appropriate action to promptly address any recurrences.
The District prohibits retaliation against individuals who report or participate in an investigation of discrimination or harassment. Individuals engaging in prohibited retaliatory behavior are subject to disciplinary action, as described in this policy.
The exercise of rights protected under the First Amendment of the United States Constitution shall not constitute retaliation prohibited under this policy.
APPLICATION OF THE FIRST AMENDMENT
The Board shall construe and apply this policy consistent with the First Amendment of the United States Constitution. In no case will a Respondent be found to have committed sexual harassment based on the expressive conduct that is protected by the First Amendment.
DISCIPLINARY ACTION FOR VIOLATIONS OF THIS POLICY
The District shall vigorously enforce this policy and its prohibition against discrimination, harassment, or retaliation through action appropriate and reasonably calculated to end discrimination, harassment, or retaliation, prevent recurrence, and remedy its effects. If it is determined that discriminatory, harassing, or retaliatory conduct by a student occurred, the District may take disciplinary action, including but not limited to: counseling, detention, suspension, expulsion and/or referral to law enforcement officials for possible legal action, as appropriate.
If it is determined that discriminatory, harassing, or retaliatory conduct by a District employee occurred, the District may take disciplinary action, including but not limited to a formal reprimand, a demotion or other disciplinary reassignment, suspension from work, contract nonrenewal, termination of employment, or restrictions on permission to be present on District property or at certain District-sponsored events.
Student support staff will provide support services for all students involved in the incident as deemed necessary and appropriate. Any individual making a knowingly false accusation regarding discrimination or harassment will likewise be subject to disciplinary action in accordance with Board Policy and the Code of Classroom Conduct.
Records shall be kept of all student discrimination complaints for the purpose of documenting compliance. The records shall be kept for seven (7) years and shall include information on all levels of the complaint and any appeals. The records should include:
- The name of the Complainant and their title or
- The date the complaint was
- The specific allegation made, and any corrective action requested by the
- The name(s) of the
- The levels of processing followed, and the resolution, date and decision-making authority at each level.
- A summary of facts and evidence presented by each party
- A statement of the final resolution and the nature and date(s) of any corrective or remedial action taken.
The District will keep confidential the identity of any individual who has made a report or filed a formal complaint alleging discrimination or harassment, including any Complainant, any Respondent, and any witness, except as may be permitted by the Family Educational Rights and Privacy Act and its implementing regulations and Wisconsin’s Pupil Records Law, or as required by any state or other federal law, or to carry out the purposes of the state or federal regulations.
The District will provide training to all individuals regarding discrimination and harassment. The District will also provide additional training to all staff responsible for implementing this policy
- Wisconsin Statutes Section 118.13 [Student discrimination prohibited] Wisconsin Administrative Code PI 9 [Student nondiscrimination policies/discrimination complaint procedures required]
- Wisconsin Administrative Code PI 41 [Accommodating a student’s religious beliefs policy required]
- Title IX, Education Amendments of 1972 [Sex discrimination prohibited]
- Title VI, Civil Rights Act of 1964 [Race, color and national origin discrimination prohibited]
- Section 504 of the Rehabilitation Act of 1973 [Handicap discrimination prohibited]
- Americans with Disabilities Act of 1990 [Disability discrimination prohibited] Individuals with Disabilities Education Act [Accommodating needs of disabled children]
- Policy 3280, Student Fees
- Policy 5111, Anti-Bullying/Harassment/Hate
- Policy 5110.2 Nondiscrimination Guidelines Related to Students Who Are Transgender and Students Nonconforming to Gender Role Stereotypes
- Policy 5341, Released Time for Religious Instruction Policy 5440, Married Students and School-Age Parents Policy 6230, Ceremonies and Observations
- Policy 6330, Privacy Rights in District Programs Policy 6421, Services for Students with Disabilities Policy 6810, Teaching about Controversial Issues
- Policy 1710 Nondiscrimination on the Basis of Sex in Education Programs or Activities
- Section 504 Educational Program Plan
- Special Education Program and Procedure Manual
ADMINISTRATIVE REGULATIONS: None
AFFIRMED: September 24, 1991
- March 22, 1994
- November 28, 1995
- July 10, 2001
- December 10, 2019
- November 17, 2020
- September 27, 2022