Section 7 - Students

  • Equity

     
    Policy 7:20
     
    Harassment of Student Prohibited
     

    No person, including a School District employee or agent, or student, shall harass, intimidate, or bully

    a student on the basis of actual or perceived: race; color; national origin; military status; unfavorable

    discharge status from military service; sex; sexual orientation; gender identity; gender-related identity

    or expression; ancestry; age; religion; physical or mental disability; order of protection status; status of

    being homeless; actual or potential marital or parental status, including pregnancy; association with a

    person or group with one or more of the aforementioned actual or perceived characteristics; or any other

    distinguishing characteristic. The District will not tolerate harassing, intimidating conduct, or bullying

    whether verbal, physical, sexual, or visual, that affects the tangible benefits of education, that

    unreasonably interferes with a student’s educational performance, or that creates an intimidating,

    hostile, or offensive educational environment. Examples of prohibited conduct include name-calling,

    using derogatory slurs, stalking, sexual violence, causing psychological harm, threatening or causing

    physical harm, threatened or actual destruction of property, or wearing or possessing items depicting

    or implying hatred or prejudice of one of the characteristics stated above.

    Sexual Harassment Prohibited

    The District shall provide an educational environment free of verbal, physical, or other conduct or

    communications constituting harassment on the basis of sex as defined and otherwise prohibited by

    State and federal law. See policies 2:265, Title IX Sexual Harassment Grievance Procedure, and 2:260,

    Uniform Grievance Procedure.

    Making a Report or Complaint

    Students are encouraged to promptly report claims or incidences of bullying, intimidation, harassment,

    sexual harassment, or any other prohibited conduct to the Nondiscrimination Coordinator, Building

    Principal, Assistant Building Principal, Dean of Students, a Complaint Manager, or any employee with

    whom the student is comfortable speaking. A student may choose to report to an employee of the

    student’s same gender.

    Reports under this policy will be considered a report under Board policy 2:260, Uniform Grievance

    Procedure, and/or Board policy 2:265, Title IX Sexual Harassment Grievance Procedure. The

    Nondiscrimination Coordinator and/or Complaint Manager shall process and review the report

    according to the appropriate grievance procedure. The Superintendent shall insert into this policy the

    names, office addresses, email addresses, and telephone numbers of the District’s current

    Nondiscrimination Coordinator and Complaint Managers. The Nondiscrimination Coordinator also

    serves as the District’s Title IX Coordinator.


    Nondiscrimination Coordinator:
    Name: Jason Lind 
    Address: 18550 Millburn Road   Wadsworth, IL 60083 
    Telephone: 847-245-2800

    Complaint Managers:
    Name: Stephen Johns Kari Gedville
    Address: 18550 Millburn Road 18550 Millburn Road
      Wadsworth, IL 60083 Wadsworth, IL 60083
    Telephone: 847-245-2920 847-245-2910
     

    The Superintendent shall use reasonable measures to inform staff members and students of this policy

    by including:

    1. For students, age-appropriate information about the contents of this policy in the District’s

    student handbook(s), on the District’s website, and, if applicable, in any other areas where

    policies, rules, and standards of conduct are otherwise posted in each school.

    2. For staff members, this policy in the appropriate employee handbook(s), if applicable, and/or

    in any other areas where policies, rules, and standards of conduct are otherwise made available

    to staff.

    Investigation Process

    Any District employee who receives a report or complaint of harassment must promptly forward the

    report or complaint to the Nondiscrimination Coordinator or a Complaint Manager. Any employee who

    fails to promptly comply may be disciplined, up to and including discharge.

    Reports and complaints of harassment will be confidential to the greatest extent practicable, subject to

    the District’s duty to investigate and maintain an educational environment that is productive, respectful,

    and free of unlawful discrimination, including harassment.

    For any report or complaint alleging sexual harassment that, if true, would implicate Title IX of the

    Education Amendments of 1972 (20 U.S.C. §1681 et seq.), the Nondiscrimination Coordinator or

    designeeshall consider whether action under policy 2:265, Title IX Sexual Harassment Grievance

    Procedure, should be initiated.

    For any other alleged student harassment that does not require action under policy 2:265, Title IX Sexual

    Harassment Grievance Procedure, the Nondiscrimination Coordinator or a Complaint Manager or

    designee shall consider whether an investigation under policies 2:260, Uniform Grievance Procedure,

    and/or 7:190, Student Behavior, should be initiated, regardless of whether a written report or complaint

    is filed.

    Reports That Involve Alleged Incidents of Sexual Abuse of a Child by School Personnel

    An alleged incident of sexual abuse is an incident of sexual abuse of a child, as defined in 720 ILCS

    5/11-9.1A(b), that is alleged to have been perpetrated by school personnel, including a school vendor

    or volunteer, that occurred: on school grounds during a school activity; or outside of school grounds or

    not during a school activity.

    Any complaint alleging an incident of sexual abuse shall be processed and reviewed according to policy

    5:90, Abused and Neglected Child Reporting. In addition to reporting the suspected abuse, the

    complaint shall also be processed under policy 2:265, Title IX Sexual Harassment Grievance

    Procedure, or policy 2:260, Uniform Grievance Procedure.

    Enforcement

    Any District employee who is determined, after an investigation, to have engaged in conduct prohibited

    by this policy will be subject to disciplinary action up to and including discharge. Any third party who

    is determined, after an investigation, to have engaged in conduct prohibited by this policy will be

    addressed in accordance with the authority of the Board in the context of the relationship of the third

    party to the District, e.g., vendor, parent, invitee, etc. Any District student who is determined, after an

    investigation, to have engaged in conduct prohibited by this policy will be subject to disciplinary action,

    including but not limited to, suspension and expulsion consistent with the behavior policy. Any person

    making a knowingly false accusation regarding prohibited conduct will likewise be subject to

    disciplinary action.

    Retaliation Prohibited

    Retaliation against any person for bringing complaints or providing information about harassment is

    prohibited (see policies 2:260, Uniform Grievance Procedure, and 2:265, Title IX Sexual Harassment

    Grievance Procedure).

    Students should report allegations of retaliation to the Building Principal, an administrator, the

    Nondiscrimination Coordinator, and/or a Complaint Manager.

    LEGAL REF.: 20 U.S.C. §1681 et seq., Title IX of the Educational Amendments of 1972; 34 C.F.R.

    Part 106.

    105 ILCS 5/10-20.12, 10-22.5, 5/27-1, and 5/27-23.7.

    775 ILCS 5/1-101 et seq., Illinois Human Rights Act.

    23 Ill.Admin.Code §1.240 and Part 200.

    Davis v. Monroe County Bd. of Educ., 526 U.S. 629 (1999).

    Franklin v. Gwinnett Co. Public Schs., 503 U.S. 60 (1992).

    Gebser v. Lago Vista Independent Sch. Dist., 524 U.S. 274 (1998).

    West v. Derby Unified Sch. Dist. No. 260, 206 F.3d 1358 (10th Cir. 2000).

    CROSS REF.: 2:260 (Uniform Grievance Procedure), 2:265 (Title IX Sexual Harassment

    Grievance Procedure), 5:20 (Workplace Harassment Prohibited), 5:90 (Abused

    and Neglected Child Reporting), 7:10 (Equal Educational Opportunities), 7:180

    (Prevention of and Response to Bullying, Intimidation, and Harassment), 7:185

    (Teen Dating Violence Prohibited), 7:190 (Student Behavior), 7:240 (Conduct

    Code for Participants in Extracurricular Activities)

    Adopted: November 30, 2020