A public school district in Wisconsin has entered into an agreement with the U.S. Department of Education (EDU) to settle violations of Title IX of the Education Amendments of 1972 (Title IX). An investigation determined the district failed to properly respond to reports of harassment of a student who identifies as nonbinary.
The investigation into the Rhinelander School District (RSD) in Rhinelander, Wisc., found that in the 2021-2022 school year, "a nonbinary student and their parent reported to the district that students repeatedly mocked and targeted the student during multiple classes, while multiple teachers repeatedly used incorrect pronouns for the student and one teacher removed the student from class on the ground that the teacher could not protect the student from harassment by the other students," EDU states in a July 6 news release. The investigation was conducted by EDU's Office for Civil Rights (OCR),
The OCR investigation also reports that the harassed student was repeatedly "bumped" by other students in hallways and called a "derogatory slur for LGBTQI+ people," according to the news release. The district reacted to the family's harassment complaints by changing the student's schedule so that the student attended only three classes in person and the rest "through self-directed study."
"Based on the evidence in the investigation to date, OCR is concerned that the district response to the persistent harassment limited the student’s participation in school activities," EDU states in the release. "Additionally, the information produced in the investigation does not reflect the district taking steps to ensure the student’s equal access to education with their peers."
The agency "is also concerned" that sex-based harassment including the use of slurs was miscoded in RSD's records as "peer mistreatment," the release states. The investigation also reports that the RSD failed to document the "multiple complaints" filed by the family; didn't document the district's responses to the complaints; and that the RSD's Title IX coordinator "was unaware of reports of sex-based harassment of the student until after the complainant filed with OCR and therefore had not coordinated a response consistent with Title IX."
The voluntary resolution agreement includes commitments from the RSD to determine if there is a need for "compensatory services" for the harassed student, to provide training to RSD administrators and staff on properly responding to sex-based harassment, to implement age-appropriate informational programs for students, and to conduct a "climate survey" to address sex-based harassment.
"Congress promises every student a right to fully participate in educational programs without harassment based on sex," Catherine Lhamon, OCR assistant secretary, said in the news release. "Rhinelander School District has now committed to take steps to ensure that promise of equal access to education for all its students."
