by Henry Redman, Wisconsin Examiner
July y, 2023
The U.S. Department of Education’s Office for Civil Rights (OCR) announced Thursday that it had reached a voluntary settlement with the Rhinelander School District after an investigation into how the district responded to the harassment of a nonbinary student during the 2021-22 school year.
In its agreement with OCR, the district said it would provide training to administrators and staff about its obligation to respond to complaints of sex-based harassment under Title IX — the federal law that guarantees all Americans the right to equal educational opportunities regardless of sex.
The district also agreed to conduct a climate survey on the prevalence of harassment in the district and provide “age-appropriate” information programs to students to address sex-based harassment and what students should do if they witness or experience such harassment.
According to a news release from OCR, the nonbinary high school student and their parent reported that students “repeatedly mocked and targeted” the student during classes; teachers repeatedly used incorrect pronouns to refer to the student and one teacher removed the student from class because the teacher “could not protect the student from harassment.”
OCR stated it also reviewed evidence that the student was bumped in school hallways and called a derogatory slur for LGBTQ people.
In its release, OCR said it was “concerned” about several of the district’s responses to the harassment, which included changing the student’s schedule to have in-person instruction for only three classes. OCR said this action limited the student’s ability to participate in school activities.
The review also found that the district had been improperly coding sex-based harassment, including the use of slurs, as “peer mistreatment;” did not document multiple complaints brought by the student and their parent and didn’t document the district’s responses to those complaints. The district’s Title IX coordinator reported to OCR that she was unaware of the sex-based harassment reports.
“Congress promises every student a right to fully participate in educational programs without harassment based on sex,” DOE Assistant Secretary for Civil Rights Catherine E. Lhamon said in a statement. “Rhinelander School District has now committed to take steps to ensure that promise of equal access to education for all its students.”
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