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Student Protections

Bullying Policy

Bullying is defined as deliberate or intentional behavior using words or actions that is intended to cause fear,
humiliation, intimidation, harm, or social exclusion. Bullying involves an imbalance of power and often involves repeated behavior. Bullying behavior can be physical, verbal, indirect (such as spreading rumors, social exclusion, and isolation), or using technology in a hurtful manner, also called cyberbullying. Cyberbullying includes, but is not limited to, use of email, instant messaging, text messages, digital pictures or images, cell phones, or social media postings to bully others. Bullying can also be carried out by someone engaging in bullying behavior on behalf of another.

Bullying behavior by an individual student, a group of students, or an adult is prohibited in all schools and education environments as well as on school district property and at school-related functions (Administrative Policy 8.52). When a student’s out-of-school bullying speech or behavior results in “a substantial disruption of the learning environment,” the student can be disciplined. Bullying obstructs the school district’s ability to maintain the safety and welfare of students and staff. Students who engage in bullying behavior will be disciplined according to the Student Code of Conduct. Individuals who report bullying will be supported and protected against potential retaliation for making such a report.
 

Dating Violence

Dating violence is the use of harmful or threatening behaviors to control another person in a relationship of a romantic or intimate nature or a romantic interest, regardless of sex or gender identity. These behaviors can occur in a relationship that is either ongoing, has concluded, or if there have been limited interactions between the individuals involved. Dating violence includes, but is not limited to, physical, verbal, emotional, psychological, and sexual abuse, whether in person or via electronic communication. Dating violence may also constitute sexual harassment under Title IX of the Educational Amendments of 1972.

Milwaukee Public Schools takes dating violence seriously, and such violence is not tolerated in the District. If you or someone you know has or may be experiencing dating violence, please contact a trusted adult or school administrator to report it and receive additional support.
 

Student Nondiscrimination Policy

MPS is committed to providing the best education possible for every child in the district as long as the student can benefit from attendance and his/her conduct is compatible with the welfare of the entire student body. Within this commitment is a policy of nondiscrimination and acceptance of diversity (Administrative Policy 8.01).
 

Wisconsin Administrative Code Policy (Section 118.13 and PI 9)

In MPS, as required by Wisconsin Statutes §118.13 and PI 9, no person may be denied admission to any public school or be denied participation in, be denied the benefits of or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of their:

  • Ancestry
  • Color
  • Creed
  • Gender
  • Marital, pregnancy, or parental status
  • National origin
  • Physical, mental, emotional, or learning disability
  • Race
  • Religion
  • Sex
  • Sexual orientation

This policy also prohibits discrimination under related federal statutes, including Title VI of the Civil Rights Act of 1964 (race, color, and national origin), Title IX of the Education Amendments of 1972 (sex), and Section 504 of the Rehabilitation Act of 1973 (disability) and the Americans with
Disabilities Act of 1990 (disability).

Administrative Procedure 8.01

If you believe your child has been discriminated against

Any complaints regarding the interpretation, application, or possible violations of the district’s student nondiscrimination policy shall be addressed in accordance with the following procedures.

Step 1

If any person believes that MPS, or any school district official or employee, has engaged in
discrimination that is prohibited by section 118.13, Wis. Stats., he/she may bring or send a written
complaint to the following designated district employee: Catherine Coleman, Director of Title IX &
Student Protections, Room 133, P.O. Box 2181, 5225 W. Vliet St., Milwaukee, WI 53201-2181

Step 2

The designated employee, upon receiving such a written complaint, shall immediately record the
receipt of the written complaint. Within 45 days after receiving the written complaint, the designated
employee shall provide the complainant with written acknowledgement of the receipt of the written
complaint, including the date the complaint was received.

Step 3

Upon receipt of a complaint, the designated employee shall convene a committee consisting of the superintendent, or his/her designee; the Director of Title IX & Student Protections, or his/her designee; and the Chief of Schools, or his/her designee. This committee will be responsible for coordinating an investigation of the circumstances of the alleged discrimination; reviewing with the building principal or other appropriate persons the facts surrounding the alleged discrimination; and determining whether or not a violation has occurred and deciding the action to be taken, if any.

The designated employee will report in writing the committee’s findings and resolution of the case
to the complainant and to the superintendent. The written determination shall be provided to the
complainant within 90 days of receipt of the written complaint, unless the complainant and designated
employee agree otherwise in writing. The written determination issued by the committee shall include
notice of the complainant’s right to appeal the determination to the state superintendent and the
procedures for making the appeal.

Appeals

Under Wisconsin Statute §118.13 and PI 9: If a complainant wishes to appeal the determination of the committee, he/ she has the right to appeal the decision to the state superintendent within 30 days of the committee’s decision. The complainant may also appeal directly to the state superintendent if the school district or its employees have failed to comply with the provisions of Wisconsin Statute §118.13 or PI 9.04(2). Any appeal should be addressed to:

State Superintendent, Department of Public Instruction,
P.O. Box 7841, 125 S. Webster St., Madison, WI 53707

Appeals under 20 U.S.C. sec. 1415 and Chapter 115, Wisconsin Statutes, relating to the identification, evaluation, education placement, or the provision of a free and appropriate public education of a child with a disability, shall be resolved through the procedures authorized by Chapter 115, sub chapter V, Wisconsin Statutes. Complaints under 20 USC1231 e-3 and 34 CFR secs. 76.780-76.782 alleging that the state or a sub-grantee is violating a federal statute or regulation that applies to a program shall be referred directly to the state superintendent. Discrimination complaints on some of the above bases may also be filed with the federal government using the following contact information:

Mail: Office for Civil Rights – U.S. Department of Education
          Cesar Chavez Memorial Building
          1244 Speer Blvd., Suite 310
          Denver, CO 80204

Phone: (303) 844-5695 | Fax: (303) 844-4303 | TDD: (800) 877-8339 | Email: OCR.Denver@ed.gov

Title IX: Sex-Based Discrimination

Sex-based discrimination includes sexual harassment, gender-based harassment, sexual violence, discrimination based on pregnancy, and the failure to provide equal opportunities in employment, admission, enrollment, or any educational programs or activities.

It is the policy of MPS (Administrative Policy 8.02) to maintain an environment that is free of sexual harassment. Any form of sexual harassment is prohibited. This includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct of a sexual nature. Any student or MPS employee whose conduct toward, or communication with, another student or MPS employee is of a sexual nature and deemed harassment is in violation of this policy.

Step 1: Initial Complaint

A student who feels he/she is being subjected to sexual harassment by another student may make a sexual harassment complaint. Other students, staff, or parents/guardians who suspect sexual harassment is taking place may also file a complaint. Supportive measures and a safety plan should be put in place promptly and efficiently. The complaint may be made either to the school principal or to the senior director of Student Services. A school-based investigation of a sexual harassment complaint will be completed within 10–15 days. During the investigation, the school principal or designee will determine if sexual harassment has occurred. The principal or administrative designee will meet separately with each person involved in the complaint. If appropriate, the case may be resolved in an informal manner, otherwise, disciplinary action will be taken as outlined in the student code of conduct found in this booklet.

The principal informs the person making the complaint of the results of the investigation as soon as possible. Appropriate disciplinary action and/or mediation shall be implemented immediately. A confidential record of the proceedings and the outcome shall be maintained at the school. If during or following the investigation, the sexual harassment continues or creates a further fear of assault to the victim, the respondent of the sexual harassment must be referred to the Director of Title IX & Student Protections.

Step 2: Unresolved Complaint

If a sexual harassment complaint is not resolved at the school level within 30 days unless notice of extension has been received, or if the respondent does not follow through with the agreed-upon resolution, the person making the complaint may contact the Department of Student Services at (414) 475-8027. Within 10 days of receiving notice of an unresolved complaint, the Director of Title IX & Student Protections will respond to the complainant and send a copy of the response to the school’s principal. Direct further appeals to: 

Mail: Office for Civil Rights – U.S. Department of Education
          Cesar Chavez Memorial Building
          1244 Speer Blvd., Suite 310
          Denver, CO 80204

Phone: (303) 844-5695 | Fax: (303) 844-4303 | TDD: (800) 877-8339 | Email: OCR.Denver@ed.gov
 

Sexual Harassment of Students by MPS Employees or Private Citizens

Any student who feels that he/she has been subjected to sexual harassment by an MPS employee or private citizen must contact the principal or Title IX Coordinator. Such allegations are handled under the misconduct procedures of the MPS Employee Handbook under the operational direction of the Labor Relations Department or reported to the appropriate authorities.

All sexual harassment complaints, either formal or informal, verbal or written, will be investigated by the district. The district will discipline or take other appropriate action against any teacher, administrator, or other school personnel found to have violated this policy.