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# U.S. Department of Education’s Office for Civil Rights Resolves Sex-Based Harassment Investigation in Rhinelander School District in Wisconsin

# U.S. Department of Education’s Office for Civil Rights Resolves Sex-Based Harassment Investigation in Rhinelander School District in Wisconsin

July 6, 2023

**Contact:  **press@ed.gov

                                    -        
The U.S. Department of Education’s Office for Civil  Rights (OCR) today announced that the Rhinelander School District in  Rhinelander, Wisconsin, entered into an agreement to ensure compliance with  Title IX of the Education Amendments of 1972 when responding to harassment  based on gender identity.

  OCR’s investigation reflects that during the 2021-22  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.

  In addition, OCR reviewed evidence that students bumped  the harassed student in the hallways and called the student a derogatory slur  for LGBTQI+ people. Ultimately, the district responded to these allegations of  harassment by changing the student’s schedule to attend school in-person for  only three classes and to take additional classes 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. 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. 

  OCR is also concerned that the district records miscoded  sex-based harassment, including the use of a slur for LGBTQI+ people, as “peer  mistreatment”; did not document the multiple complaints of sex-based harassment  brought by the student and their parent; and did not adequately document the  district’s responses. Moreover, the district Title IX coordinator reported that  she 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.

  “Congress promises every student a right to fully  participate in educational programs without harassment based on sex.  Rhinelander School District has now committed to take steps to ensure that  promise of equal access to education for all its students,” said Assistant  Secretary for Civil Rights Catherine E. Lhamon. 

  The district’s commitments in the voluntary resolution  agreement include:
- Evaluating whether       compensatory services or other services are necessary for the harassed       student due to the instructional time the student missed when attending       in-person classes on an only part-time basis.
- Providing training to       all district administrators and staff regarding the district’s obligation,       in compliance with Title IX, to respond to complaints of sex-based       harassment.
- Providing       age-appropriate information programs for students to address sex-based       harassment, including what students should do if they believe they or       other students have experienced such harassment. And,
- Conducting a climate       survey to assess the prevalence of sex-based harassment and obtain       suggestions for effective ways to address harassment.

The letter to Rhinelander School District is available here, and the resolution agreement is  available here.
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