What we know about the Title IX investigation and bomb threats in Kiel, Wisconsin

KIEL - The Title IX sexual harassment investigation in the Kiel Area School District has sparked an onslaught of media attention and safety threats against district schools.

The situation is changing by the day and public information is limited by the involvement of minors and the duty of the school district to investigate harassment complaints but also protect information involving individual students.

Here's a closer look at what is and isn't known about the situation:

Why are Kiel students being investigated?

On May 12, the Wisconsin Institute for Law & Liberty, or WILL, sent a letter to the school district asking for the Title IX investigation of three eighth grade boys for using the incorrect pronouns for another student to be dropped.

MORE: How does Title IX apply to gender identity? Kiel school case raises the question

According to the letter, the boys' families, who are being represented by WILL, were informed that the complaint and investigation was because the boys didn't call another student by their preferred pronouns of "they" and "them."

According to WILL, the school district cited Title IX — the civil rights law that prohibits sex-based discrimination in education settings that receive federal funding — as the basis for the complaint and investigation.

The district hasn’t responded to repeated requests from USA TODAY NETWORK-Wisconsin, but other media outlets reported that Superintendent Brad Ebert shared a statement saying the district doesn't comment on student matters but prohibits all forms of bullying and harassment in accordance with all laws.

What is Title IX?

Title IX dates to 1972 and was designed to protect against discrimination based on sex in education settings. It applies to any school that receives federal funds, which covers public schools, public colleges and even many private colleges.

At first, Title IX was thought of in terms of sports and athletics, said Fox Valley-based attorney Lora Zimmer, but it also includes discrimination because of pregnancy, sexual harassment and sexual violence.

Under Title IX, sexual harassment is defined as sexual assault, dating violence, domestic violence, stalking, unwelcome sexual conduct and other unwelcome conduct that is "severe, pervasive and objectively offensive" that it stops someone from equal access to an education.

In its inception, Title IX was about a person’s sex, but now, five decades later, its application is evolving to offer a person protection based on their sexual orientation or gender identity.

How did the school respond to the allegation of misused pronouns?

USA TODAY NETWORK-Wisconsin obtained an email Ebert sent out May 16 acknowledging the slew of media coverage the situation attracted and emphasizing that the district can’t speak on individual student matters. However, the email explained what the district called its “legal obligation to investigate complaints of unlawful harassment.”

“If the individual files a formal compliant of sexual harassment or if the District Title IX coordinator files a complaint on their behalf, the District must initiate the Title IX grievance process, which includes a fact-finding investigation, a determination as to whether the conduct occurred and constituted sexual harassment, and a right to appeal,” the email said.

The story has been covered by local television stations, newspapers and has received national media attention.

What do we mean when we say 'misused pronouns'?

Pronouns can communicate who's being talked about, how many people are being talked about and even the gender of whoever is being talked about.

Using someone’s affirmed pronouns can be an easy way to validate their identity, said Reiko Ramos, LGBTQ youth and young adult anti-violence program advocate for Diverse & Resilient. Using incorrect pronouns can be a quick way to lose trust from someone who's transgender or gender non-conforming, they added.

"If you can kind of imagine what it would be like for someone to repeatedly call you by the wrong name, repeatedly call you by the wrong pronoun, whether or not it is done intentionally or out of ignorance, those all hurt," they said.

How many bomb threats have been made to Kiel Middle School?

There have been six bomb threats. Students were evacuated from the schools May 23 after the first bomb threat. Classes were canceled district-wide the next day after a second threat. A third threat was received Thursday focused on Kiel Middle School and a fourth came Friday against the school district office and Kiel Middle School.

According to posts on the Kiel Police Department's Facebook page, Tuesday brought another threat against the schools — which are still closed and will be for the remainder of the school year — the Kiel Public Library and the homes of certain district employees. A sixth threat came Wednesday targeting the schools, roads, businesses and utility companies in Kiel.

What was the response to the bomb threats?

The police and fire departments searched the buildings on multiple occasions and did not locate any devices, said Kiel Police Chief Dave Funkhouser.

He also said that the Federal Bureau of Investigation and the Wisconsin Department of Justice have been assisting local police since Monday in finding the source of the threats.

Other media outlets have reported that Ebert sent a letter to families saying Kiel schools will finish out the school year virtually.

The school board met in virtual closed session Wednesday night, Thursday afternoon, Friday morning, Saturday morning and Sunday afternoon.

After the Saturday meeting, the high school graduation was indefinitely postponed.

The threats have also affected the larger community of Kiel, a city of about 4,000 people. The city’s Memorial Day parade was canceled due to safety concerns.

On Funkhouser's recommendation, Trinity Lutheran School has canceled its last day of school and postponed its graduation service and end-of-year school picnic.

Has the person making the threats been identified?

No one has been identified publicly yet for having made the bomb threats, but the FBI arrested a 34-year-old man in California in connection with threats against a Kiel Area School District staff member.

That arrest was not in connection to the bomb threats, police said.

The man will be referred criminal charges in Wisconsin as well as federal charges in a separate FBI investigation unrelated to the threat in Kiel.

What is WILL and what does it say about the bomb threats?

Founded in 2011, WILL is a conservative, legal organization that works on cases of free speech, worker's freedom, open government and other individual rights, according to its website.

WILL released an additional statement in response to the bomb threats Friday afternoon saying "we unequivocally condemn" whoever sent the threats. The differences between the school district and WILL's clients should be resolved through legal means and not violence, it says.

It went on to say that WILL doesn't know who made the threats and whoever is making the threats doesn't speak for the organization. WILL said it will not stand down because of the threats nor does it expect the school district to.

What we don't know about the Kiel investigation and threats

Very little is known publicly about the student who was harassed or the full circumstances of the incident. Information shared with the media by WILL says the investigation is about using incorrect pronouns, but the student's age and other details are still unknown.

No updates on the Title IX investigation have been given from the district or WILL since the letter was sent in mid-May.

The police department has given no other information about the bomb threats, the threatening comments or any suspects.

Reach AnnMarie Hilton at ahilton@gannett.com or 920-370-8045. Follow her on Twitter at @hilton_annmarie.

This article originally appeared on Appleton Post-Crescent: What we know: Kiel, Wisconsin, Title IX investigation, bomb threats