KMSD Non-Discrimination Policy

  • The Kettle Moraine School District is committed to a policy of nondiscrimination and to the provision of equity in its educational programs, services and activities for all students and employees.

     

    Kettle Moraine School District (KMSD) does not discriminate in employment or in its educational programs and activities against qualified individuals on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, veteran status, or disability, physical, mental, emotional or learning disability, handicap or any other factor provided for by state and federal laws and regulations.

     

    The following departments will handle inquiries regarding nondiscrimination policies:

     

     Director of Student Services
     School District of Kettle Moraine
     563 AJ Allen Circle
     Wales, WI 53183

     262-968-6300

     

     Director of Employee Services
     School District of Kettle Moraine
     563 A J Allen Circle
     Wales, WI 53183

     262-968-6300

     

    The following policy of the Kettle Moraine School District’s Kettle Moraine Operating Rules and Regulations (KMORR), Section EA01 Executive Authority, Discrimination and Harassment Prohibited (411,512) establishes the following policy:

     

    Kettle Moraine Operating Rules and Regulations
    Section: EA01 Executive Authority

     

    Title: Discrimination and Harassment Prohibited (411, 512)

     

    1. It is the rule of the School District of Kettle Moraine that no person may be denied admission to any public school in this district or be denied participation in, be denied the benefits of, or be discriminated against in any curricular, extracurricular, pupil service, recreational, or other program or activity or employment because of the person's religion, sex, race, national origin, age, ancestry, creed, color, political affiliation, membership in the National Guard, state defense force or any reserve component of the United States military or state military forces, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability or handicap or other bases prohibited under state or federal law. This rule also prohibits discrimination as defined by Title IX of the Education Amendments of 1972 (sex), Title VI of the Civil Rights Act of 1964 (race, color, and national origin), and Section 504 of the Rehabilitation Act of 1973. This rule does not, however, prohibit the district from placing a student in a school, class, program or activity based on objective standards of individual performance or need.

     

    a. For purposes of paragraph one, “discrimination” means any action, policy, rule or practice, including bias, stereotyping and pupil harassment, that is detrimental to a person or group of persons and differentiates or distinguishes among persons, or that limits or denies a person or group of persons opportunities, privileges, roles or rewards based, in whole or in part, on religion, sex, race, color, national origin, age, ancestry, creed, political affiliation, membership in the National Guard, state defense force or any reserve component of the United States Military or state military forces, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability or handicap or other basis prohibited under state or federal law.

    b. For purposes of paragraph one, “harassment” means behavior towards students or staff members based, in whole or in part, on religion, sex, race, national origin, age, ancestry, creed, color, political affiliation, membership in the National Guard, state defense force or any reserve component of the United States military or state military forces, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability or handicap or other bases prohibited under state or federal law, or any other characteristic identified in paragraphs 1 and 1(a), above, that substantially interferes with a student’s school performance or a staff member’s work performance or creates an intimidating, hostile or offensive school and/or work environment.

     

    2. Discrimination and harassment can arise from a broad range of physical or verbal behavior which can include, but is not limited to, the following:

     

    a. Physical or mental abuse;
    b. Racial, ethnic or religious insults or slurs;
    c. Unwelcome sexual advances or touching;
    d. Sexual comments, jokes, stories or innuendos;
    e. Display of sexually explicit or otherwise offensive posters, calendars or materials;
    f. Making sexual gestures with hands or body movements;
    g. Intentionally standing close or brushing up against a student or employee;
    h. Inappropriately staring at a student or employee or touching his or her clothing, hair or body;
    i. Asking personal questions about a student or employee’s sexual life.

     

    3. These activities are offensive and inappropriate in the school environment. This is a serious issue not just for the district, but also for each individual. The district specifically prohibits discriminatory or harassing conduct, condoning such conduct by allowing it to go on, and prejudging harassment or discrimination complaints. District staff members may be held individually liable for harassment or for allowing students to harass each other, and may be subject to the penalties imposed upon employers under state or federal law. The district’s rule prohibiting harassment applies to all students, staff members and volunteers whether at school, at school sponsored co-curricular, extracurricular or social functions, or otherwise. In particular, staff members should understand that they are “on duty” whenever they are with students, even if they are not at school or not at a school sponsored event.

     

    4. Any district staff member who engages in harassment or discrimination, or retaliates against another person because of a harassment/discrimination report or participation in an investigation, is subject to immediate discipline, up to and including discharge. Any student who engages in harassment or discrimination, or retaliates against another person because of a harassment/discrimination report or participation in an investigation, is also subject to immediate discipline, up to and including suspension and expulsion from the district. Any volunteer who engages in harassment or discrimination, or retaliates against another person because of a harassment/discrimination report or participation in an investigation, may be prohibited from volunteering for the district in any capacity.

     

    5. If any student, staff member or volunteer is aware of a possible violation of this rule, he or she must respond immediately and not ignore the problem. Students, staff members and volunteers should follow the reporting procedures outlined below as soon as possible. It is important that students, staff members and volunteers inform designated administrators about inappropriate conduct as soon as possible, because the district cannot do anything to remedy the problem if the district does not know that the problem exists.

     

    6. This rule prohibiting discrimination and harassment applies to the acceptance and administration of gifts, bequests, scholarships and other aids, benefits, or services to students from private agencies, organizations or persons. It also applies to school sponsored food service programs, the selection of instructional and library media materials, and the methods, practices and materials used for testing, evaluating and counseling students. In addition, it applies to any district staff member's enforcement of the district’s Code of Conduct or discipline procedures and the provision of access to the district's facilities.

     

    7. This rule does not, however, prohibit the use of special testing or counseling materials or techniques to meet the individual needs of students. Furthermore, this rule does not prohibit separate locker rooms, showers and toilets for males and females, although the district will maintain comparable separate facilities. Finally, this rule does not prohibit separate programs in interscholastic athletics for males and females, although the district will provide programs that are comparable in type, scope and district support.

     

    8. If any person believes that a student has been harassed or discriminated against, and for all other alleged violations of paragraph one, above, he or she should follow these procedures:

     

    Step 1: The district will allow a complainant the opportunity to resolve discrimination and harassment complaints on an informal basis, if the complainant asks to do so. Upon a complainant’s request, the building principal will facilitate a meeting between the complainant and the alleged harasser/discriminator. If the parties resolve the matter, the principal will prepare a written statement outlining the resolution. If the complainant is not satisfied with the outcome of the meeting, the district will formally investigate the complaint.

     

    Step 2: To begin the formal complaint process, a complainant must submit a written complaint to the director of pupil services. If reporting to this person would not be appropriate under the circumstances, the complainant may submit a complaint directly to the director of employee services. The director of pupil services or his/her designee will send the complainant written acknowledgment of the complaint within 5 days after receiving the complaint. Complaint forms are available in all guidance counselors’ offices, the main office of each school, and in the district office. Complainants should send complaints to the following address:

     

    Director of Student Services
    School District of Kettle Moraine
    563 AJ Allen Circle
    Wales, WI 53183

     

    Step 3: The district will investigate harassment and discrimination complaints promptly, thoroughly, and impartially. The director of pupil services or his/her designee shall conduct the investigation or appoint an investigative team or independent consultant to do so. The district administrator or designee will prepare a written report regarding the investigation, including a description of the district’s conclusions and any action taken, within 45 days after the district receives the complaint. The director of pupil services or designee shall send a copy of the report to the complainant, the alleged harasser, the superintendent and the school board.

     

    Step 4: If either party is not satisfied with the results of the investigation report or the director of pupil services’ decision, he or she may appeal the decision to the Board of Education. To appeal the decision, a party must submit a written appeal to the board within 10 days after the district sends the investigation report to the parties. The Board of Education will hold a private conference with the parties within 30 days after the board receives the written appeal. In response to the appeal, the board will send a written decision to the parties and the district administrator within 10 days after the private conference.

     

    Step 5: The complainant may appeal the Board of Education’s decision to the state superintendent. Parties should send appeals to the following address:

     

    State Superintendent
    Wisconsin Department of Public Instruction
    125 South Webster Street
    P.O. Box 7841
    Madison, Wisconsin 53707-7841

     

    9. If an employee or volunteer believes that he or she has been harassed or discriminated against, contrary to paragraph two, above, he or she should follow these procedures:

     

    Step 1: The district will allow complainants the opportunity to resolve discrimination and harassment complaints on an informal basis, if the complainant asks to do so. Upon a complainant’s request, the building principal (or if the building principal is the alleged harasser/discriminator, the complainant may contact the Director of Employee Services directly.) The building principal will facilitate a meeting between the complainant and the alleged harasser/discriminator. If the parties resolve the matter, the building principal will prepare a written statement outlining the resolution. If the complainant is not satisfied with the outcome of the meeting, the district will formally investigate the complaint.

     

    Step 2: To begin the formal complaint process, the complainant must submit a written complaint to the director of employee services. If reporting to this person would not be appropriate under the circumstances, the complainant must submit a complaint directly to the district administrator or his/her designee. The director of employee services (or another appropriate administrator) will send the complainant written acknowledgment of the complaint within 5 days after receiving the complaint. Complaint forms are available in all guidance counselors’ offices, the main office of each school, and at the district office. Complainants should send complaints to the following address:

     

    Director of Employee Services
    School District of Kettle Moraine
    563 A J Allen Circle
    Wales, WI 53183

     

    Step 3: The district will investigate harassment and discrimination complaints promptly, thoroughly, and impartially. The director of employee services shall conduct the investigation or appoint an investigative team or independent consultant to do so. The director of employee services will prepare a written report regarding the investigation, including a description of the district’s conclusions and any action taken, within 45 days after the district receives the complaint. The director of employee services shall send a copy of the report to the complainant, the alleged harasser, the superintendent and the school board.

     

    Step 4: If either party is not satisfied with the results of the investigation report or district’s decision, he or she may appeal the decision to the Board of Education. To appeal the decision, a party must submit a written appeal to the board within 10 days after the district sends the investigation report to the parties. The Board of Education will hold a private conference with the parties within 30 days after the board receives the written appeal. In response to the appeal, the board will send a written decision to the parties and the district administrator within 10 days after the private conference.

     

    10. At any time, complainants (including students, volunteers, and employees) may also file a complaint with the U.S. Department of Education’s Office for Civil Rights at the following address:

     

    Office for Civil Rights, Chicago Office
    U.S. Department of Education
    500 West Madison Street, Suite 1475
    Chicago, IL 60661

     

    Students with a disability under Section 504 of the Rehabilitation Act may also request a Section 504 due process hearing pursuant to Kettle Moraine Operating Rules and Regulations.

     

    11. Every employee will receive a copy of this rule upon his/her hiring. Information regarding this rule will be posted in school buildings advising staff, volunteers and students of the rule and the procedures for filing a complaint. Every employee will receive this rule in writing on an annual basis, and the district will conduct an inservice regarding this rule for administrators at least every two years.

     

    Update: September, 2012