443.72 - STUDENT HARASSMENT
The School District of Auburndale seeks to provide a learning environment free of any form of harassment or intimidation toward and between students. Therefore, the District will not tolerate harassment in any form and will take all necessary and appropriate action to eliminate it, up to and including discipline of the offenders.“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 student’s school performance or creates an intimidating, hostile or offensive school environment.
It is the responsibility of students, staff and others to help enforce this policy so that these prohibited activities do not occur in our school environment. The principals are responsible for disciplining the offenders. The Board believes that when it comes to student discipline, each individual situation needs to be addressed according to the severity of the incident, along with the intellectual and emotional stage of each students as well as all of the relevant facts and circumstances.
Any student who believes that he/she has been the subject of harassment, or any parents/guardians who believe their child has been subjected to harassment, shall report the matter in accordance with established procedures. There shall be no retaliation against students who file reports under this policy. All reports shall be investigated in a timely manner.
In order to ensure dissemination of this policy, this policy will be included in all future student handbooks. Discussion of harassment shall be included at an age appropriate level through the District’s developmental guidance program. Rules, including the complaint procedure and associated form, will be given to any individual wishing to file a complaint.
Legal Reference: Section 118.13, Wisconsin Statutes
PI 9, Wisconsin Administrative Code
Title VI of the Civil Rights Act of 1964
Title IX of the Education Amendments of 1972
Section 504 of the Rehabilitation Act of 1973
Americans with Disabilities Act of 1990
Adopted: August 18, 1999
STUDENT HARASSMENT COMPLAINT PROCEDURES
It is important for these procedures to respect and advance the rights of all parties, including personal privacy interest and the protection of the reputation of all concerned and involved parties. In order to ensure fair procedures to protect these interests, all parties are encouraged to keep these matters confidential. All investigating individuals are charged with the responsibility to hold these matters in the strictest confidence, to the extent authorized by law, in order to guard against the unnecessary or inadvertent disclosure of information relating to any pending charges or investigations.
Students who believe they are the victims of harassment, or parents/guardians who believe their child is a victim of harassment, should immediately report their concerns to the principal, a guidance counselor, or a teacher. If an adult other than the principal receives the complaint, the adult shall forward the complaint to the principal/designee for review and action as necessary. If the principal is the subject of the complaint, the complaint should be forwarded to another designated administrator. The principal or other administrator will compose a written record of any verbal complaints.
Formal complaints will be taken seriously and will be subject to thorough review and immediate investigation by the receiving officer or designee. While time periods are established below for the completion of various actions, the principal 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 the expected time period.
The following procedures will be used:
1. If informal discussions do not result in the initiation of formal disciplinary procedures, the offending parties may be asked to explain their conduct or behavior to the reviewing officer at the request of the complainant.
2. Complaints may be made either verbally or in writing to the principal/designee. The complaint should include a specific statement of the alleged behavior, including (if possible) additional background details such as time, date, location and circumstance of each alleged incident.
3. The principal/designee shall make an initial determination of the complaint which shall include investigating the complaint, notifying the person who has been accused of harassment; permitting a response to the allegation; arranging a meeting; and responding to the complaint. Since the District takes these complaints seriously, they will be subject to immediate review and investigation. The District Administrator will be called immediately when a complaint has been filed. Every effort will be made to complete this initial review within fifteen (15) calendar days. The principal/designee shall give a written report to the complainant after the completion of the initial review.
4. If any party is not satisfied with the report of the principal/designee, a written appeal may be submitted to the District Administrator/designee indicating the nature of the disagreement. The appeal must be filed within twenty (20) calendar days after receipt of the principal’s/designee’s decision. The District Administrator/designee shall schedule a meeting of all parties to the complaint to review the issues presented in the appeal.
The District Administrator/designee shall provide written response outlining the findings and disposition of the appeal within ten (10) calendar days of the date the appeal is filed or ten (10) calendar days after the meeting, whichever is later.
5. If either party is not satisfied with the decision on the appeal, the party may file a request for formal review by the Board of Education. The appeal must be filed within ten (10) calendar days of the receipt of the prior decision. The Board shall conduct a hearing within thirty (30) calendar days of the request for formal review of the prior decision.
6. If either party is not satisfied with the decision of the Board, the party may pursue further review by filing a request with the State Superintendent of Public Instruction within thirty (30) days of the Board’s decision in accordance with state law and regulations.
Nothing in these procedures shall preclude persons from pursuing other avenues afforded by law to deal with a student harassment complaint in addition to or in lieu of these procedures.
STUDENT HARASSMENT REPORT FORM POLICY 443.72 (EXHIBIT)
General Statement of Policy Prohibiting Student Harassment:
The School District of Auburndale values and respects the human diversity of members of the school community. In order to maintain a school environment which encourages optimum human growth and development for students, students and others acting in the District’s behalf, it is the policy of the Board to maintain and ensure a learning and working environment free of any form of student harassment or intimidation.
Complainant: ______________________________
Home Address: ___________________________________
Home Phone:_____________________________________
Date of alleged incident(s): ________________________________
Describe the incident(s) as clearly as possible: _____________________
________________________________________________________________
This complaint is filed based on my honest belief that ____________ has personally harassed me. I hereby certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge and belief.
Date: ___________________
__________________________________________________
(Complainant Signature)
Received by: ______________________________________
Date: _________________________________
Posted: 11/14/2007 12:31:10 pm