Policy 4111.1 – Employee Discrimination and Harassment Complaint Procedure

The ��ϲʽ�� seeks to provide fair and equal employment opportunities and to maintain a professional work and academic environment comprised of people who respect one another and who believe in the district’s high ideals. Discrimination and harassment are forms of misconduct that undermines the integrity of the ��ϲʽ��’s employment and academic relationships. All employees and students must be allowed to work and learn in an environment that is free from discrimination and harassment. See Board Policy 4110 – Equal Opportunity and Affirmative Action, Board Policy 4111 – Employee Anti-Harassment.

This Policy and procedure does not apply to claims of sexual harassment in accordance with Title IX. Such allegations will be addressed as specified in Board Policy 1710 – Nondiscrimination On The Basis Of Sex in Education Programs or Activities (Title IX). If an employee believes they were subject to Title IX sexual harassment, they should contact the Title IX Coordinator(s), as described in Board Policy 1710.

COMPLIANCE OFFICER

The Chief Human Resource Officer shall serve as the ��ϲʽ��’s anti-discrimination and anti-harassment Compliance Officer (“CO”) and shall be responsible for facilitating any investigation of discrimination or harassment under this Policy. Any ��ϲʽ�� employee who believes they have been subjected to discrimination or harassment should file a complaint with the CO. The following individual is designated to serve as the ��ϲʽ��’s Compliance Officer:

Kevin Neir
Chief of Human Resources
3600 52nd Street
Kenosha, WI 53144
(262) 359-7376
kneir@kusd.edu

The ��ϲʽ��’s CO shall be responsible for coordinating the ��ϲʽ��’s compliance efforts with this policy and state and federal law and regulations relative to anti-discrimination and anti-harassment in the workplace.

DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE

Reporting Discrimination or Harassment

Anyone believing that they have been discriminated against or harassed contrary to Policy 4110 and/or Policy 4111 should contact the CO to discuss their concerns with the CO or direct supervisor. Any person may report such incidents to the CO in person, by mail, by electronic mail, by phone, by electronic submission by using the contact information provided. Further, all ��ϲʽ�� employees who observe incidents of harassment shall report such incidents to the CO within two (2) business days. If the incident involves the CO , the report should be made to the ��ϲʽ�� Superintendent. If the concern is not informally resolved at this level, the Complainant should file a written formal complaint with the CO.

Complaints relative to sexual harassment are covered by Board Policy 1710 – Nondiscrimination on the Basis of Sex in Education Programs or Activities.

Filing of a Formal Complaint

To file a formal complaint, the Complainant shall present, in writing, the specific nature of the alleged discrimination or harassment and corresponding date(s), names of those who may have witnesses the alleged discrimination or harassment, and the name, address, and phone number of the Complainant. The CO shall acknowledge, in writing, the receipt of the complaint within two (2) business days. The Complainant’s wishes with respect to whether the ��ϲʽ�� investigates reported conduct will be considered, subject to applicable state and federal law. The Board reserves the right to investigate and resolve a complaint or report of discrimination/retaliation regardless of whether the Complainant pursues the complaint. The Board also reserves the right to have the complaint investigation conducted by an external person in accordance with this policy or in such other manner as deemed appropriate by the Board or its designee.

If the Respondent is a ��ϲʽ�� employee, the ��ϲʽ�� may place the Respondent on administrative leave during the pendency of the complaint process.

Investigation

The CO or their designee shall thoroughly and impartially investigate the discrimination and/or harassment complaint. Investigators may be staff members or independent contractors.

The CO shall notify the Respondent that a complaint has been received within five (5) business days. The Respondent will be informed about the nature of the allegations, be provided with a copy of Policy 4111 (harassment) and Policy 4110 (discrimination and will also be provided with this Policy. The Respondent will also be notified of the opportunity to submit a written statement.

Although certain cases may require additional time, the CO will attempt to complete an investigation into the allegations of discrimination and/or harassment within a reasonably prompt time frame, not to exceed forty-five (45) calendar days. The investigation will include:

interviews with the Complainant;
interviews with the Respondent;
interviews with any other witnesses who may reasonably be expected to have any information relevant to the allegations, as determined by the CO; and
consideration of any documentation or other evidence presented by the Complainant, Respondent, or any other witness which is reasonably believed to be relevant to the allegations, as determined by the CO.

Compliance Officer’s Conclusion

After the CO thoroughly investigates the complaint, the CO shall provide a written conclusion to the Complaint within sixty (60) calendar days after receipt of the written formal complaint, unless the parties agree, in writing, to extend the timeline.

Appeal to the Superintendent

If the Complainant is not satisfied with the conclusion of the CO, a written appeal to the Superintendent may be submitted, indicating with particularity, the nature of the disagreement with the answer. This appeal must be filed within five (5) calendar days after receipt of the CO’s answer. The Superintendent or designee shall arrange a meeting with the Complainant, at a mutually agreeable time, to discuss the appeal. The Superintendent or designee shall, by certified mail, provide a written answer to the Complainant’s appeal within ten (10) calendar days. The decision of the Superintendent shall be the final determination of the matter.

OTHER AVAILABLE REMEDIES

Nothing in these procedures shall interfere with or preclude persons from filing a complaint directly, or on appeal, with designated agencies as authorized by state and federal laws (e.g., U.S. Office of Civil Rights, Equal Rights Division of the Department of Workforce Development, or the U.S. Equal Employment Opportunity Commission) and/or with courts having proper jurisdiction.

REMEDIAL ACTION

In situations where discrimination and/or harassment has been substantiated, appropriate remedial action shall be identified and implemented on behalf of the Complainant. Remedial actions may include, but shall not be limited to counseling services, reinstatement of paid leave allotments utilized as a result of the harassment, workplace modifications, or other appropriate action.

The CO shall ensure follow up with the Complainant to ensure no further discrimination, harassment, or retaliation has occurred and to take further necessary and appropriate action to promptly address any recurrences.

RETALIATION PROHIBITED

The ��ϲʽ�� prohibits retaliation against individuals who report or participate in an investigation of discrimination or harassment. Individuals engaging in prohibited retaliatory behavior are subject to disciplinary action. If it is determined that retaliatory conduct occurred, the ��ϲʽ�� may take disciplinary action, including but not limited to, a formal reprimand, a demotion or other disciplinary reassignment, suspension from work, contract nonrenewal, termination of employment, or restrictions on permission to be present on ��ϲʽ�� property or at certain ��ϲʽ��-sponsored events.

The exercise of rights protected under the First Amendment of the United States Constitution shall not constitute retaliation prohibited under this policy.

APPLICATION OF THE FIRST AMENDMENT

The Board shall construe and apply this policy consistent with the First Amendment of the United States Constitution. In no case will a Respondent be found to have committed sexual harassment based on the expressive conduct that is protected by the First Amendment.

DISCIPLINARY ACTION FOR VIOLATIONS OF THIS POLICY

The Board shall vigorously enforce this policy and its prohibition against discrimination, harassment, and retaliation through action appropriate and reasonably calculated to end the discrimination, harassment, or retaliation, prevent recurrence, and remedy its effects. ��ϲʽ�� employees found to have engaged in unlawful discrimination or harassment under this Policy are subject to disciplinary action, up to and including discharge from employment, in accordance with Board policy and applicable state and federal law. Any individual making a knowingly false accusation regarding sexual harassment will likewise be subject to disciplinary action in accordance with Board Policy.

If the investigation results in disciplinary action, the ��ϲʽ�� employee subject to discipline is entitled to file a grievance pursuant to Board Policy 4271.

CONFIDENTIALITY

The ��ϲʽ�� will keep confidential the identity of any individual who has made a report or filed a formal complaint alleging discrimination or harassment, including any Complainant, any Respondent, and any witness, except required by any state or other federal law, or to carry out the purposes of the state or federal regulations.

TRAINING

The ��ϲʽ�� will provide training to all individuals implementing the procedures set forth in complaint procedure.

RECORDKEEPING

The ��ϲʽ�� will maintain all records required by state and federal law which have been created or obtained in response to a report or a formal complaint of discrimination or harassment for seven (7) years.

LEGAL REF:

Wisconsin Statutes Sections 111.31-111.395 (Fair employment standards – employment discrimination); 118.195 (Handicapped teacher discrimination); 118.20 (teacher discrimination, including sexual harassment).
Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal
Employment Opportunity Act of 1972 (Race, color, national origin discrimination; general employment discrimination)
Title IX, Education Amendments of 1972 (Sex discrimination) Section 504, Rehabilitation Act of 1973 (Handicap discrimination) Age Discrimination Act of 1975 (Age discrimination)
Age Discrimination in Employment Act of 1967 (Age discrimination) Pregnancy Discrimination Act (Pregnancy, childbirth or related medical conditions discrimination)
Immigration Control and Reform Act of 1986 (Citizenship discrimination) Americans with Disabilities Act of 1990, as amended by the ADAAA (Disability discrimination)
Civil Rights Act of 1991 (Penalties for discrimination law violations)
Equal Employment Opportunities Commission Guidelines (29 C.F.R. – Part 1604.11) (Employee sexual harassment)

CROSS REF.:

Policy 4110 – Equal Employment Opportunity and Affirmative Action Employee Handbook
Policy 4111 – Employee Anti-Harassment
Policy 4271 – Employee Complaint (Grievance)
Policy 1710 – Nondiscrimination on the Basis of Sex in Education Programs or Activities

ADMINISTRATIVE REGULATIONS: None

AFFIRMED: September 27, 2022

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