Resolution No. 2026-130 — Adding Section PAP.7.8.210 to Subchapter PAP.7.8 of the Lac Courte Oreilles Tribal Code of Law
WHEREAS, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians is a federally recognized Indian tribe ("Tribe") organized pursuant to the provisions of the Indian Reorganization Act of 1934, 25 U.S.C. §5101, et seq.; and
WHEREAS, the Tribal Governing Board serves as the governing body of Lac Courte Oreilles Band of Lake Superior Chippewa Indians pursuant to Article III, § 1 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians; and
WHEREAS, pursuant to Article V, § 1(n) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, the Tribal Governing Board is empowered to "regulate, by enactment of ordinances, the conduct of business within the territory of the band"; and
WHEREAS, pursuant to Article V, Section 1 (s) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, the Tribal Governing Board possesses certain powers, including: "To promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin and providing for the maintenance of law and order and the administration of justice by establishing a tribal court and defining its duties and powers"; and
WHEREAS, the Tribal Governing Board duly enacted the Lac Courte Oreilles LCO Ojibwe School – Waadookodaading Personnel Policies and Procedures to outline the general policies, rules and practices in effect for the LCO Ojibwe School; and
WHEREAS, the Tribal Governing Board passed Resolution 17-11 amending the LCO Ojibwe School – Waadookodaading Personnel Policies and Procedures under Title PAP of the Lac Courte Oreilles Tribal Code of Law (LCOTCL); and
WHEREAS, The Tribal Governing Board now wishes to add Section PAP.7.8.210 to Chapter PAP.7 to outline expectations and policy related to appropriate personnel-student communication and professional boundaries.
NOW THEREFORE BE IT RESOLVED, that the Tribal Governing Board hereby determines that it is in the best interest of the Tribe to add Section PAP.7.8.210 to Subchapter PAP.7.8 of the LCOTCL.
NOW THEREFORE BE IT FINALLY RESOLVED, pursuant to Article IV, § 3 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Section PAP.7.8.210 is added to Subchapter PAP.7.8 of the LCOTCL as follows:
Section PAP.7.8.210. Policy on Appropriate Personnel-Student Communication and Professional Boundaries
(a) Authority. This policy is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians in the implementation of Title XII, Chapter 3 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law (LCOTCL) – Employment Code and Title VII, Chapter 7 of the LCOTCL – Education Code. This policy is not enacted as an acknowledgment that Wis. Stat. 118.07(7) governs the Tribe or its schools.
(b) Purpose. The School is committed to providing a safe, respectful, and culturally supportive educational environment where every student can learn free from abuse, exploitation, intimidation, or inappropriate influence. Consistent with the mission of the School and the Ojibwe values of respect, responsibility, and protecting our children, this policy establishes expectations for professional communication and conduct between individuals acting on behalf of the School and students.
(c) Scope. This policy applies to any personnel acting on behalf of the School who occupies a position of trust or authority with respect to a student or otherwise interacts with students in an official school capacity
(d) Definitions.
(1) "Boundary Violation" means conduct that blurs or exceeds professional expectations or creates an inappropriate personal relationship with a student.
(2) "Grooming" means a pattern of behaviors intended to gain a student's trust, isolate the student, reduce normal protective boundaries, or prepare the student for exploitation or abuse. Grooming behaviors may occur in person or through electronic communications and often involve attempts to establish secrecy, isolate a student, or blur professional boundaries.
(e) Approved Methods of Communication. Personnel shall use school-approved communication systems whenever reasonably possible.
(1) School Gmail;
(2) Google Chat using School accounts;
(3) Google Meet;
(4) Infinite Campus Messaging;
(5) School-approved athletic communication platforms;
(6) School-issued phones; and
(7) Other technologies approved by the School Superintendent;
Communications conducted through School systems may be retained, monitored, and reviewed in accordance with applicable law and School record-retention practices.
(f) Prohibited Communications. School Personnel shall not:
(1) Develop secret relationships with students;
(2) Ask students to keep communications secret;
(3) Engage in flirtatious or romantic communications;
(4) Share sexually explicit or inappropriate material;
(5) Request or send inappropriate photographs;
(6) Communicate through disappearing message applications;
(7) Engage in repeated personal conversations unrelated to professional roles or responsibilities; and
(8) Communicate in a manner intended to isolate a student from parents, guardians, or school personnel.
(g) Reporting Requirements. Personnel who observe, suspect, or receive information concerning grooming behavior, boundary violations, or inappropriate communications shall immediately report the concern to:
(1) The Superintendent, Principal, Human Resources Director, or other designated Administrator; and
(2) Appropriate child protection authorities when required by law.
Nothing in this policy limits mandatory reporting obligations under Tribal, State, or Federal law. Individuals making reports in good faith shall be protected from retaliation.
(h) Investigation. The School Superintendent or designee shall promptly investigate all reported violations. Investigations shall:
(1) Respect due process;
(2) Protect student privacy;
(3) Maintain confidentiality to the extent permitted by law; and
(4) Be documented.
Criminal allegations shall be immediately referred to the appropriate law enforcement agency.
(i) Discipline. Violations of this policy may result in disciplinary action including:
(1) Verbal counseling;
(2) Written reprimand;
(3) Mandatory retraining;
(4) Performance improvement plans;
(5) Removal from coaching or extracurricular duties;
(6) Suspension;
(7) Non-renewal;
(8) Termination of employment;
(9) Revocation of volunteer privileges;
(10) Referral to law enforcement; and
(11) Reporting to licensing authorities when required.
Discipline shall be based upon the seriousness of the violation, prior conduct, and applicable law. Nothing in this policy limits the School's authority to impose disciplinary action for conduct that violates other school policies or applicable law.
(j) Annual Training. Beginning with the 2026-2027 school year, all personnel shall complete annual training covering:
(1) Grooming behaviors;
(2) Professional boundaries;
(3) Appropriate Communication;
(4) Student Safety; and
(5) This policy.
Training records shall be maintained by Human Resources.
CERTIFICATION
I, the undersigned, as Secretary/Treasurer of the Lac Courte Oreilles Tribal Governing Board, hereby certify that the Tribal Governing Board is composed of seven (7) members, of whom 5 being present, constituted a quorum at a meeting thereof, duly called, convened, and held on this 4th day of August, 2026, that the foregoing Resolution was duly adopted at said meeting by an affirmative vote of 4 members, 0 against, 0 abstaining, and that said Resolution is a lawful act of the Tribe.
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Michelle Beaudin, Secretary/Treasurer
Lac Courte Oreilles Tribal Governing Board