The Board of Education is committed to providing an educational and working environment that promotes respect, dignity and equality. The Board recognizes that discrimination, such as harassment, hazing and bullying, are detrimental to student learning and achievement. These behaviors interfere with the mission of the district to educate its students and disrupt the operation of the schools. Such behavior affects not only the students who are its targets but also those individuals who participate and witness such acts.

 

To this end, the Board condemns and strictly prohibits all forms of discrimination, such as harassment, hazing and bullying on school grounds, school buses and at all school-sponsored activities, programs and events.   Discrimination, harassment, hazing or bullying that takes place at locations outside of school grounds, such as cyberbullying, which creates or can be reasonably expected to create a material and substantial interference with the requirements of appropriate discipline in the operation of the school or impinge on the rights of other students are prohibited, and may be subject to disciplinary consequences.

 

Definitions

 

1. Bullying. Bullying, under the amended Dignity for All Students Act, has the same meaning as harassment (see below).  The accompanying regulation provides more guidance regarding the definition and characteristics of bullying to help the school community recognize the behavior.

 

2. Cyberbullying.  Cyberbullying is defined as harassment (see below) through any form of electronic communication.

 

3. Discrimination.  Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others, to an individual or group of people because of the group, class or category to which that person belongs (as enumerated in the Definitions section, under Harassment, below).

 

4. Hazing.  Hazing is an induction, initiation or membership process involving harassment which produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur.

 

5. Harassment.  Harassment has been defined in various ways in federal and state law and regulation.  The Board recognizes that these definitions are important standards, but the Board’s goal is to prevent misbehavior from escalating in order to promote a positive school environment and to limit liability.  The Dignity for All Students Act (§§10-18 of Education Law) defines harassment  as the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that (a)  has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; (b) reasonably causes or would reasonably be expected to cause a student to fear for their physical safety; (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.  The harassing behavior may be based on any characteristic, including but not limited to a person’s actual or perceived:

 

• Race (including traits historically associated with race, including, but not limited to, hair texture and protective hairstyles such as but not limited to braids, locks, and twists),
• color,
• weight,
• national origin,
• ethnic group,
• religion,
• religious practice,
• disability,
• sex,
• sexual orientation, or
• gender (including gender identity and expression).

 

For the purpose of this definition the term “threats, intimidation or abuse” includes verbal and non-verbal actions.

 

In some instances, bullying or harassment may constitute a violation of an individual’s civil rights.  The district is mindful of its responsibilities under the law and in accordance with district policy regarding civil rights protections.

 

In order to streamline the wording of this policy and regulation the term bullying will be used throughout to encompass harassment, intimidation, cyberbullying and hazing behaviors.

 

Prevention

 

The school setting provides an opportunity to teach children, and emphasize among staff, that cooperation with and respect for others is a key district value. A program geared to prevention is designed to not only decrease incidents of bullying but to help students build more supportive relationships with one another by integrating the bullying prevention program into classroom instruction. Staff members and students will be sensitized, through district-wide professional development and instruction, to the warning signs of bullying, as well as to their responsibility to become actively involved in the prevention of bullying before overt acts occur.

 

 

Curricular material that raises awareness and sensitivity to discrimination or harassment and civility in the relationships of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, sexes or gender expression or identities will be included in the instructional program K-12.

 

In order to implement this program the Board will designate at its annual organizational meeting a Dignity Act Coordinators: Kerri DePorter (Valley), Michael Salotto (Gorham), Jennifer Twomey (MS) and Michael Gorton (HS) for each school in the district.  The role of each DAC is to oversee and enforce this policy in the school to which they are assigned. 

 

In addition, the Superintendent will establish a district-wide bullying prevention committee in each school that will be overseen by DAC.  Committees will include representation from staff, administration, students and parents.  The district-wide task force and the school-level committee will assist the administration in developing and implementing specific prevention initiatives, including early identification of bullying and other strategies.  In addition, the program will include reporting, investigating, remedying and tracking allegations of bullying.  The accompanying regulation provides more detail on the specific programs and strategies implemented by the district.

 

Intervention

 

            Intervention by adults and bystanders is an important step in preventing escalation and resolving issues at the earliest stages.  Intervention will emphasize education and skill-building. 

 

            Successful intervention may involve remediation.  Remedial responses to bullying include measures designed to correct the problem behavior, prevent another occurrence of the behavior and protect the target.  Remediation may be targeted to the individual(s) involved in the bullying behavior or environmental approaches which are targeted to the school or district as a whole.

In addition, intervention will focus upon the safety of the target.  Staff is expected, when aware of bullying, to report it in accordance with this policy, refer the student to designated resources for assistance, or to intervene in accordance with this policy and regulation.

 

Provisions for Students Who Do Not Feel Safe at School

 

            The Board acknowledges that, notwithstanding actions taken by district staff, intervention may require a specific coordinated approach if the child does not feel safe at school.  Students who do not feel safe at school are limited in their capacity to learn and reach their academic potential. Staff, when aware of bullying, should determine if accommodations are needed in order to help ensure the safety of the student and bring this to the attention of the building principal.  The building principal, other appropriate staff, the student and the student’s parent will work together to define and implement any needed accommodations.  

 

The district recognizes that there is a need to balance accommodations which enhance student safety against the potential to further stigmatize the targeted student.  Therefore, each case will be handled individually.  The student, parent/guardian, and school administration will collaborate to establish safety provisions that best meet the needs of the targeted student.  Follow-up discussion and/or meetings will be scheduled, as needed, to ensure that safety concerns have been adequately addressed and to determine when and if accommodations need to be changed or discontinued. 

 

Incident Reporting and Investigation

 

Although it can be difficult to step forward, the district can’t effectively address bullying if incidents are not reported.  Students who have been bullied, parents whose children have been bullied or other students who observe bullying behavior are encouraged and expected to make a verbal and/or written complaint to any school personnel in accordance with the training and guidelines provided. Staff who observe or learn of incident(s) of bullying are required, in accordance with State law, to make an oral report to building principal within one school day and to fill out the district reporting form within two school days. Staff who are unsure of the reporting procedure are expected to ask their supervisors how to proceed. District employees may be deemed to have permitted unlawful discrimination or harassment if they fail to report an observed incident, whether or not the target complains.

 

At all times, complaints will be documented, tracked and handled in accordance with the regulations and procedures accompanying this policy, or, the district’s Code of Conduct.  The Building Principal will prepare an annual report for the Superintendent based on complaints filed.

            The district is also required under the federal Title IX law and its implementing regulations to adopt a grievance procedure for addressing complaints of sex discrimination and sex-based harassment.  The Title IX regulations contain a definition of sex discrimination and sex-based harassment, and a standard under which complaints must be assessed, that is different from the one in state law and this policy.  The district is required to address complaints that might constitute sex discrimination and sex-based harassment prohibited under Title IX pursuant to its grievance procedure.  Because of this, any complaint of sexual harassment under this policy (covered by state law) should also be reviewed under the district’s Title IX grievance procedure, either prior to or in tandem with this policy.  See policy 0111 and regulation 0111-R.

 

            An equitable and thorough investigation will be carried out by Building Principal in accordance with the accompanying regulation.  In addition, the results of the investigation will be reported back to both the target and the accused as specified in the accompanying regulation.  If either of the parties disagrees with the results of the investigation, they can appeal the findings in accordance with the regulations that accompany this policy.  Verified bullying incidents that meet the criteria established by the state will be included in the statewide reporting system when applicable, in accordance with law and regulation.

 

The Board will receive the annual School Safety and Educational Climate (SSEC) Summary Data Collection Form, the state-required report relevant to bullying, violent and disruptive incidents, and the school climate, for each building and for the district as whole.    Based on the review of the data, the Board may consider further action, including but not limited to modification of this policy and additional training.

 

Disciplinary Consequences/Remediation

 

While the focus of this policy is on prevention, acts of bullying may still occur. In these cases, offenders will be given the clear message that their actions are wrong and the behavior must improve. Student offenders will receive in-school guidance in making positive choices in their relationships with others. If appropriate, disciplinary action that is measured, balanced and age-appropriate will be taken by the administration in accordance with the district’s Code of Conduct, as applicable.  If the behavior rises to the level of criminal activity, law enforcement will be contacted.

 

Consequences for a student who commits an act of bullying will be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors, and must be consistent with the district’s Code of Conduct.

 

Non-Retaliation

 

            All complainants and those who participate in the investigation of a complaint in conformity with state law and district policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.

 

Training

 

            The Board recognizes that in order to implement an effective bullying prevention and intervention program, professional development is needed.  The Superintendent, the districtwide DAC and the District Professional Development Team will incorporate training to support this program in new teacher orientation and the annual professional development plan, as needed.  Training opportunities will be provided for all staff, including but not limited to bus drivers, cafeteria and hall monitors and all staff who have contact with students.  The DACs will be trained in accordance with state requirements and will continue their professional development so as to successfully support this policy and program.

 

Dissemination, Monitoring and Review

 

This policy, or a plain language summary, will be published in student registration materials, student, parent and employee handbooks, and posted on the district’s website.  A bullying complaint form will be available on the district’s website.  The district will ensure that the process of reporting bullying is clearly explained to students, staff and parents on an annual basis.

 

Each year, as part of the annual review of the Code of Conduct, this policy will be reviewed to assess its effectiveness and compliance with state and federal law.  If changes are needed, revisions will be recommended to the Board for its consideration.

 

The district will ensure that reporting of information to the public in conjunction with this policy will be in a manner that complies with student privacy rights under the Family Educational Rights and Privacy Act (FERPA).

 

Cross-ref:        0100, Equal Opportunity and Nondiscrimination

                        0111, Sex Discrimination and Sex-Based Harassment Under Title IX

                        4321, Programs for Students with Disabilities

                        5300, Code of Conduct

5710. School Safety and Educational Climate (SSEC) Reporting

                        9700, Staff Development

 

Ref:    

Ref:     Dignity for All Students Act, Education Law, §10 – 18

Americans with Disabilities Act, 42 U.S.C. §12101 et seq.

            Title VI, Civil Rights Act of 1964, 42 U.S.C. §2000d et seq.

            Title VII, Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.; 34 CFR §100 et seq.

            Title IX, Education Amendments of 1972, 20 U.S.C. §1681 et seq.; 34 CFR Part 106

            §504, Rehabilitation Act of 1973, 29 U.S.C. §794

            Individuals with Disabilities Education Law, 20 U.S.C §§1400 et seq.

            Executive Law §290 et seq. (New York State Human Rights Law)

            Education Law §§313(3), 3201, 3201-a

            8 NYCRR §§100.2(c), (l), (jj), (kk); 119.6

Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503 (1969)

Mahanoy Area School District v. B.L., 594 U.S. ___, 141 S. Ct. 2038 (2021)

Pollnow v. Glennon, 594 F.Supp. 220, 224 aff’d 757 F.2d 496

Zeno v. Pine Plains 702 F.3d 655 (2^nd Cir. 2012)

Cuff v. Valley Central School District F.3d 109 (2^nd Cir 2012)

Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)

Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998)

Faragher v. City of Boca Raton, 524 U.S. 775 (1998)

Burlington Industries v. Ellerth, 524 U.S. 742 (1998)          

            Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998)

Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992)

Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)

Appeal of K.S., 43 Ed. Dept. Rep. 492

Appeal of Ravick, 40 Ed. Dept. Rep. 262

Appeal of Orman, 39 Ed. Dept. Rep. 811