The complaint procedure is described in Board Policies 2260 and 5517. The policies are available in the School office and on the District’s web page.
Due to the sensitivity surrounding complaints of harassment, time lines are flexible for initiating the complaint process; however, individuals should make every effort to file a complaint within thirty (30) days after the conduct occurs while the facts are known and potential witnesses are available. Once the complaint process is begun, the investigation will be completed in a timely manner (ordinarily, within fifteen (15) calendar days of the complaint being received).
If at any time during the investigation process the investigator determines that the complaint is properly defined as Bullying, under Policy 5517.01 - Bullying, and not harassment under Policy 5517, because the conduct at issue is not based on a student’s Protected Characteristics, the investigator shall transfer the investigation to the appropriate building principal.
Under no circumstances will the District threaten or retaliate against anyone who raises or files a complaint.
Washington Caldwell School is committed to an educational environment that is free of harassment of any form. The school will not tolerate any form of harassment and will take all necessary and appropriate action to eliminate it, including suspension or expulsion of students and disciplinary action against any other individual in the School District community. Additionally, appropriate action will be taken to stop and otherwise deal with any third party who engages in harassment against our students.
Harassment means behavior toward a student or group of students based, in whole or in part on the traits of sex (including transgender status, change of sex, or gender identity), race, color, national origin, religion, creed, ancestry, marital or parental status, sexual orientation or physical, mental, emotional or learning disability, or any other characteristic protected by Federal or state civil rights laws (hereinafter referred to as “Protected Characteristics which substantially interferes with the student’s school or academic performance or creates an intimidating, hostile or offensive school environment. Harassment may occur student-to-student, student-to-staff, staff-to-student, male-to-female, female-to-male, male-to-male, or female-to-female. Examples of conduct that may constitute harassment include:
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graffiti containing offensive language;
B. name calling, jokes or rumors;
C. threatening or intimidating conduct directed at another because of the other’s protected characteristic (e.g., sex, race, learning disability);
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Notes or cartoons;
E. Slurs, negative stereotypes, and hostile acts which are based upon another’s protected characteristic;
F. Written or graphic material containing comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes;
G. A physical act of aggression or assault upon another because of, or in a manner reasonably related to, the individual’s protected characteristic; or
H. Other kinds of aggressive conduct such as theft or damage to property, which is motivated by a protected characteristic.
SEXUAL HARASSMENT
Sexual harassment deserves special mention. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
A. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education; or
B. Submission or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s education; or
C. That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s education, or creating an intimidating, hostile or offensive educational environment.
Sexual harassment may include, but is not limited to:
A. unwelcome verbal harassment or abuse;
B. unwelcome pressure for sexual activity;
C. unwelcome, sexually motivated or inappropriate patting, pinching or physical contact, other than necessary restraint of students by teachers, administrators or other school personnel to avoid physical harm to persons or property;
D. unwelcome sexual behavior or words including demands for sexual favors, accompanied by implied or overt threats concerning an individual’s educational status;
E. unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt promises of preferential treatment with regard to an individual’s educational status; or
F. unwelcome behavior or words directed at an individual because of their sex or sexual orientation;
Sexual harassment examples include, but are not limited to:
A. Repeatedly asking a person for dates or sexual behavior after the person has indicated no interest;
B. Rating a person’s sexuality or attractiveness;
C. Staring or leering at various parts of another person’s body;
D. Spreading rumors about a person’s sexuality;
E. Letters, notes, telephone calls or materials of a sexual nature;
F. Displaying pictures, calendars, cartoons or other materials with sexual content;
G. A pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create or has the effect of creating discomfort and/or humiliation to another; or
H. remarks speculating about a person's sexual activities or sexual history, or remarks about one's own sexual activities or sexual history.
It is also the policy of the School that a sexual relationship between staff and students is not permissible in any form or under any circumstances, in or out of the school, in that it interferes with the educational process and may involve elements of coercion by reason of the relative status of a staff member to a student. An inappropriate boundary invasion by a District employee or other adult member of the School District community into a student's personal space and personal life is sexual harassment.
If you wish to report harassment, please contact one of the District’s Title IX Coordinators listed below:
Frances Stephens Kevin McCormick
School Counselor Superintendent/Principal
8937 Big Bend Road 8937 Big Bend Road
Waterford, WI 53185 Waterford, WI 53185
[email protected] [email protected]
262-662-3466, ext 151 262-662-3466, ext 166
Any person may report sexual discrimination, including sexual harassment, to the District’s Title IX Coordinator listed above, regardless of whether the person is the alleged victim of the reported conduct. The report may be made in person, by mail, by telephone, or by email. The report may be made at any time, including during non-business hours.
A copy of Board’s Title IX Sexual Harassment Policy 5517.02, including the reporting, investigation, and resolution procedures, is available in the school office and on the District’s website. Board Policy 5517 – Student Anti-Harassment, as well as the Board’s Title IX Sexual Harassment Policy (5517.02) both contain the complaint procedures and steps for investigating complaints under these policies.
Any person who is unsure about how to submit a complaint of discrimination, harassment, or sexual harassment is encouraged to immediately contact one of the listed Compliance Officers, the Title IX Coordinator, an administrator, or any trusted member of the staff for assistance in filing a complaint.
Retaliation against a person who files a complaint is prohibited by Board policy and Federal law. Any allegation of retaliation should be filed immediately with assurance that it will be taken seriously and fully investigated by the District.