As mandated by the current provisions of Title IX of the Education Amendments of 1972 and under the regulations set forth in Chapter 106 of Title 34 of the Code of Federal Regulations (“the federal Title IX regulations”), the District does not unlawfully discriminate on the basis of sex in any education program or activity that the District operates. Title IX’s requirement not to discriminate in any education program or activity extends to cover, but is not limited to, District students, certain admissions processes, and District employment. Inquiries regarding how Title IX and the federal Title IX regulations apply to the District may be referred to the District’s Title IX Coordinator (as designated below), to the Assistant Secretary for Civil Rights at the U.S. Department of Education, or to both.

The District’s commitment to nondiscrimination under Title IX and under other state and federal laws is  further defined in the following policies of the School Board. The Board of Education policies are published  on the District’s website at: Click Here

Equal Education Opportunity/Anti-Harassment

It is the policy (Policy 2260 - Nondiscrimination and Access to Equal Educational Opportunity) of the District to provide an equal education opportunity for all students.  The right of a student to be admitted to school and to participate fully in curricular, extra-curricular, student services, recreational or other programs or activities shall not be abridged or impaired based on the traits of sex (including transgender status, change of sex, or gender identity) race, color, national origin, 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 Characterized”) or other protected characteristics as well as place of residence within District boundaries, or social or economic background. Students who have been identified as having an impairment or disability under Section 504 of the Rehabilitation Act or the Americans with Disabilities Act shall be provided with appropriate educational services. Parents who have questions should contact the Curriculum Director at 608-296-2141 ext 1010. (po5111, 5111.01, 5111.02, 5111.02, 5111.03)

It is also the policy (Board Policy 5517 - Student Anti-Harassment) of the District to maintain an educational environment that is free from all forms of harassment. This commitment applies to all District operations, programs, and activities. All students, administrators, teachers, staff, and all other school personnel share responsibility for avoiding, discouraging, and reporting any form of harassment. This policy applies to conduct occurring in any manner or setting over which the Board can exercise control, including on school property, or at another location if such conduct occurs during an activity sponsored by the Board 

The Board will not tolerate any form of harassment and will take all necessary and appropriate actions 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.

Any person who believes that the School District of Westfield or any staff person has discriminated against them in violation of these policies may file a complaint. A formal complaint can be made in writing to a District Compliance Officer listed above:

The complaint procedure is described in Board Policies 2260 - Nondiscrimination and Access to Equal Educational Opportunity and 5517 – Student Anti-Harassment. The policies are available in the School office and on the District’s web page.

Due to the sensitivity surrounding complaints of harassment, timelines 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 promptly (What constitutes promptness will depend on the complexity of the issues, the number of incidents or factual elements, the number of witnesses and documents to be consulted, and the availability of witnesses and other evidence). 

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 – Student Anti-Harassment 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. Our school is committed to an educational environment that is free of harassment of any form. 

Our 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 gender 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 also includes “hate speech” directed against a student—the use of language, behavior, or images/symbols that express prejudice against a particular group or groups on the basis of any protected characteristic(s).

Examples of conduct that may constitute harassment include:
A. 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);
D. 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.

Nondiscrimination on the Basis of Sex
The Board of the School District of Westfield does not discriminate on the basis of sex in its education program or activity and is required by Title IX and its implementing regulations not to discriminate in such a manner. The requirement not to discriminate in its education program or activity extends to admission and employment.

Any inquiries about the application of Title IX and its implementing regulations to the District may be referred to the Title IX Coordinator(s), the Assistant Secretary for the U.S. Department of Education’s Office for Civil Rights, or both.

The Board has adopted a grievance process that provides for the prompt and equitable resolution of student and employee complaints alleging any action that is prohibited by Title IX and/or its implementing regulations. The grievance process is included in Policy 2266 – Nondiscrimination on the Basis of Sex in Education Programs or Activities. The grievance process specifically addresses how to report or file a complaint of sex discrimination, how to report or file a formal complaint of Sexual Harassment, and how the District will respond.

It is a violation of this policy for anyone to knowingly making false statements or knowingly submitting false information
during the sex discrimination complaint process, including intentionally making a false report of sexual harassment, or
submitting a false formal complaint. The District will not tolerate such conduct, which is a violation of the Student Code of Conduct.

Neither the Board nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, its implementing regulations, or Policy 2266 - Nondiscrimination on the Basis of Sex in Education Programs or Activities, or because the individual made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, its implementing regulations, or this policy, constitutes retaliation. Retaliation against a person for making a report of sexual harassment, filing a formal complaint, or participating in an investigation, is a serious violation of Board Policy 2266 - Nondiscrimination on the Basis of Sex in Education Programs or Activities that can result in the imposition of disciplinary sanctions, consequences, and/or other appropriate remedies.

All students, parents, and their representatives are advised to review Board Policy 2266 - Nondiscrimination on the Basis of Sex in Education Programs or Activities for more information and detail regarding the District’s commitment to on discrimination on the basis of sex.

Sexual Harassment
Sexual harassment is prohibited in our school and at school-sponsored activities in accordance with Board Policy 5517-Student Anti-Harassment. 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; 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:. unwelcome verbal harassment or abuse; unwelcome pressure for sexual activity; 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.

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 Policy 2266 - Nondiscrimination of the Basis of Sex in Education Programs or Activities, 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 Policy 2266, 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, a 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.

Bullying
Bullying is defined as a person willfully and repeatedly exercising power or control over another with hostile or malicious intent. Bullying can be physical, verbal, electronically transmitted, psychological (e.g., emotional abuse), through attacks on the property of another, or a combination of any of these. Examples of bullying include:

A. Physical – hitting, kicking, spitting, pushing, pulling, taking and/or damaging personal belongings or extorting money, blocking or impeding student movement, unwelcome physical contact.
B. Verbal – taunting, malicious teasing, insulting, name-calling, making threats.
C. Psychological – spreading rumors, manipulating social relationships, coercion, or engaging in social exclusion/shunning, extortion, or intimidation.
D. "Cyberbullying" – the use of information and communication technologies such as e-mail, cellphone and pager text messages, instant messaging (IM), defamatory personal websites, and defamatory online personal polling websites, to support deliberate, repeated, and hostile behavior by an individual or group, that is intended to harm others.

• All complaints about aggressive behavior that may violate this policy shall be promptly investigated. If the investigation finds that aggressive behavior has occurred, it will result in prompt and appropriate discipline, co-curricular sanctions and/or disciplinary action up to and including suspension or expulsion.

  Individuals may also be referred to law enforcement officials.

  Retaliation against any person who reports, is thought to have reported, files a complaint, or otherwise participates in an investigation or inquiry concerning allegations of bullying is prohibited and will not be tolerated.

  Such retaliation shall be considered a serious violation of Board policy and independent of whether a complaint is substantiated. Suspected retaliation should be reported in the same manner as bullying.

  Making intentionally false reports about bullying for the purpose of getting someone in trouble is similarly

  prohibited and will not be tolerated. Retaliation and intentionally making a false report may result in disciplinary

  action as indicated above.

  If a student or other individual believes there has been bullying, regardless of whether it fits a particular

  definition, the student should report it and allow the administration to determine the appropriate course of action. (Board Policy 5517.01 - Bullying)

Student Hazing 
Hazing activities of any type are inconsistent with the educational process and may in some circumstances be a violation of State law. The Board prohibits all such activities at any time in school facilities, on school property, and at any District-sponsored activity or event. Hazing is defined as performing any act or coercing another, including the victim, to perform any act of initiation into any class, group, or organization that causes or creates a risk of causing mental, emotional, or physical harm. Permission, consent, or assumption of risk by an individual subjected to hazing shall not lessen the prohibitions contained in this policy.

If hazing or planned hazing is discovered, the students involved shall be informed by the discoverer of the prohibitions contained in this policy and shall be ordered to end all hazing activities or planned activities immediately. All hazing incidents shall be reported immediately to the principal or to the District Administrator.

Students who fail to abide by this policy may be subject to disciplinary action and may be held personally liable for civil or criminal penalties. Disciplinary action for students may include, but is not limited to, suspension and/or expulsion. [Policy 5516 – Student Hazing]

Section 504 / ADA Complaint 

Any person who believes that the School District of Westfield or any staff person has discriminated against them in violation of the Policy 2260.01 – Section 504/ADA Prohibition Against Discrimination Based on Disability may file a complaint. A formal complaint can be made in writing to a District Compliance Officer listed below:

Tammy Stowers-Tonn
Director of Special Education/School Psychologist
608-296-2141 ext 1028