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Adoption Date: 9/1/2012
Regulations - Regulations


6180R STAFF-STUDENT RELATIONS (FRATERNIZATION)

The  School  District   is  committed   to  providing  a  safe,  productive   and  positive  learning environment   within  its  schools.  All  District  employees  are  to  maintain  a  professional,  ethical relationship with District students that is conducive to creating and maintaining an effective learning environment; and shall serve as role models for students at all times, whether on or off school property and both during and outside of school hours. Staff must establish appropriate personal boundaries with students  and  not  engage  in  any  behavior  that  could  reasonably  lead  to  even  the  appearance  of impropriety.

 

In order to help prevent the occurrence and/or appearance of inappropriate relationships between staff and students, staff must adhere to the following guidelines as a means to foster the safety and well being of students and to protect staff from unfounded accusations.

 

Prohibited Conduct by Staff Members Toward Students/Examples  of Inappropriate Behavior

 

Staff members are prohibited, under any circumstances, to date or engage in any improper fraternization or undue familiarity with students, regardless of the student's age and/or regardless of whether the student  may have "consented"  to such conduct.  Further, employees  shall not entertain students  or  socialize  with  students  in  such  a  manner  as  to  create  the  perception  that  a  dating relationship  exists. Similarly, any action or comment  by a staff member  which invites romantic  or sexual involvement with a student is considered highly unethical, in violation of District policy and regulations, and may result in the notification  of law enforcement officials and the filing of criminal charges and/or disciplinary action by the District up to and including termination of employment.

 

Inappropriate employee conduct directed toward students includes, but is not limited to, the following behavior:

 

1)      Flirting.

 

2)      Making suggestive comments.

 

3)      Dating and/or asking students for dates.

 

4)       Requests for sexual activity.

 

5)      Physical displays of affection including kissing,caressing of face or body, and massages.

 

6)      Giving inappropriate personal gifts.

 

7)      Frequent personal communication with a student (whether by cell phone, regular telephone, email, letters, or notes) unrelated to course work or official school matters.

8)    Providing alcohol or drugs to students; or permitting students, in the absence of parental/guardian supervision,  to  drink  alcohol  or  take  drugs  in  the  presence of  the employee.

 

9)       Inviting a student to go somewhere alone with the employee.

 

10)   Inappropriate touching.

 

11)   Promoting, providing access to and/or sharing pornographic material including, but not limited to, viewing pornographic movies, videos, pictures, magazines, and websites.

 

12)   Engaging in sexual contact and/or sexual relations.

 

Even if the student participated "willingly" in the activity (regardless of the student's age), inappropriatefraternization of staff with students is against District policy and regulations, and may be in violation of professional standards of conduct and New York State Law. However, inappropriate employee conduct does not need to rise to the level of criminal activity for such conduct to be in violation of District rules and subject to appropriate disciplinary sanctions.

 

Inappropriate Behavior Initiated byStudents

 

If  a  student  initiates  inappropriate  behavior  toward  a  staff  member,  that  employee  shall document the incident and report it to his/her Building Principal or supervisor. If appropriate, the Principal/Supervisor will intervene and speak to the student and the student's parents about the inappropriate behavior.

 

Supervision of Students

 

Staff members shall maintain a reasonable standard of care for the supervision and protection of students commensurate with their assigned duties and responsibilities.

 

Reporting of Complaints/General  Guidelines

 

1)     Any student who believes that he/she has been subjected to inappropriate staff behavior as outlined in this regulation, as well as students, school employees or third parties who have knowledge of or witness any possible occurrence of inappropriate staff-student relations, shall report  the  incident to  any  staff  member or  either  the  employee's supervisor, the  student's Principal or the District's designated Complaint Officer.

 2)     In all events such reports shall be forwarded to the District's designated  Complaint Officer for further investigation.

 

3)     Anonymous complaints of inappropriate fraternization of staff members with students shall also be investigated by the District.

 

4)      Investigations of allegations of improper staff-student relations shall  follow the procedures utilized for complaints of harassment/sexual harassment within the School District, including the filing of "informal" and/or "formal" complaints and levels of appeal.

 

5)     All  allegations  of  inappropriate  staff-student  relations,  whether  written  or  verbal,  formal  or informal,  will  be  investigated  thoroughly,  promptly  and  impartially  in  accordance  with  law and/or regulations,  the  applicable  collective  bargaining  agreement,  District policy and administrative regulations.

 

6)     To  the extent  possible,  within  legal  constraints,  all allegations  of  inappropriate  staff-student conduct will be treated as confidentially  and privately as possible. However, disclosure may be necessary to complete a thorough investigation of the charges and/or to notify law enforcement officials, Child Protective  Services,  and/or the State Education  Department  as warranted;  and any disclosure will be provided on a "need to know" basis.

 

7)      Any employee having knowledge of or reasonable suspicion that another employee may have engaged in inappropriate conduct with a student that may constitute child abuse (specifically, child abuse in an educational setting) must also  follow the District's reporting procedures for such allegations: and such information will be reported by the designated administrator as required by state law to law enforcement officials. the State Education Department and/or Child Protective Services as may be applicable.

 

8)     Administration shall also refer to and use, as appropriate, existing policies and administrative regulations  (such  as those addressing  harassment/sexual  harassment  in the school  setting and child  abuse/child  abuse  in an educational  setting)  when investigating  allegations  of improper staff-student fraternization.

 

9)     The  Superintendent/designee   is to  be informed  as  soon  as possible  regarding  all  allegations and/or reports regarding inappropriate staff-student relations and the status of any investigations.

 

10)   All investigations of allegations of improper fraternization  between staff and students, as well as any action taken,shall be appropriately documented in order to create a written record that demonstrates the District's efforts to prevent such conduct and to facilitate the evaluation of the District's efforts.

 

11)   Parents of students subjected to possible improper behavior on the part of a staff member and/or students filing a complaint of such inappropriate behavior will be notified by the appropriate administrator of such occurrence and/or allegations as warranted and in accordance with legal guidelines. Applicable due process procedures will be followed depending upon the nature of the investigation and possible disciplinary sanctions.

 

Prohibition of Retaliation

 

The District prohibits any retaliatory behavior directed against complainants,victims,witnesses and/or any other individuals who participated in the investigation of allegations of inappropriate staff­ student relations. Follow-up inquiries and/or appropriate monitoring shall be made to ensure that the alleged conduct has not resumed and that all those involved in the investigation have not suffered retaliation. Any act of retaliation is subject to appropriate disciplinary action by the District.

 

District Responsibility/Training

 

Principals in each school building and/or program supervisors will be responsible for informing students, staff and volunteers on a yearly basis of District policy and regulations regarding the prohibition of inappropriate staff-student relations. At this time,the Principal/Supervisor shall also review the procedures established for reporting, investigation and resolution of complaints. Further, staff training shall be provided to facilitate staff identification of possible behavior that may constitute inappropriate  staff-student  fraternization.  Students  shall  be  provided  such  training  in  an  age appropriate manner.

 

Disciplinary Sanctions

 

Any staff member who engages in inappropriate conduct with a student, as prohibited by the terms of District policy and regulations, shall be subject to appropriate disciplinary measures up to and including termination of employment in accordance with legal guidelines, District policy and regulations, and the applicable collective bargaining agreement. A violation of District policy and regulations may also subject the employee to criminal and/or civil sanctions as well as disciplinary action by the State Education Department.

 

Dissemination/Publicationof District's Prohibition Against Inappropriate Staff-Student

Relations

 

The District's policy and regulations (or a summary thereof) prohibiting inappropriate staff­ student relations will be published in appropriate school publications such as teacher/employee handbooks, student handbooks and/or school calendars. A copy of the District policy and regulations prohibiting such inappropriate behavior will also be available upon request. Further, this topic shall be  addressed in the District Code of Conduct.