POLICY #7550

SUBJECT: DIGNITY FOR ALL STUDENTS

The District seeks to create an environment free of harassment, bullying, and discrimination, to foster civility in its schools, and to prevent conduct which is inconsistent with its educational mission. The District, therefore, prohibits all forms of harassment and bullying of students by employees or other students on school property and at school functions. The District further prohibits discrimination against students, including, but not limited to, those acts based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex by school employees or other students on school property and at school sponsored activities and events that take place at locations off school property. In addition, other acts of harassment, bullying, and/or discrimination which can reasonably be expected to materially and substantially disrupt the education process may be subject to discipline or other corrective action.

Dignity Act Coordinator

In each of its schools, the District will designate at least one employee holding such licenses and/or certifications as required by the Commissioner to serve as the Dignity Act Coordinator(s) (DAC). Each DAC will be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression), and sex. Training will also be provided for DACs which addresses: the social patterns of harassment, bullying, and discrimination, including, but not limited to, those acts based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex; the identification and mitigation of harassment, bullying, and discrimination; strategies for effectively addressing problems of exclusion, bias, and aggression in educational settings. All DAC appointments will be approved by the Board.

The District will share the name, designated school, and contact information of each DAC with all school personnel, students, and parents or persons in parental relation. This information will be provided by:

a)         Listing this information in the Code of Conduct, with updates posted on the District's website; and

b)         Including this information in the plain language summary of the Code of Conduct provided to all persons in parental relation to students before the beginning of each school year; and

c)         Providing this information to parents and persons in parental relation in at least one District or school mailing or other method of distribution, including, but not limited to, electronic communication and/or sending information home with each student. If this information changes, parents and persons in parental relation will be notified of the changes in at least one subsequent District or school mailing, or other method of distribution as soon as practicable thereafter; and

d)         Posting this information in highly visible areas of school buildings; and

e)         Making this information available at the District and school-level administrative offices.

If a DAC vacates his or her position, another school employee will immediately be designated for an interim appointment as DAC, pending approval from the Board, within 30 days of the date the position was vacated. In the event a DAC is unable to perform the duties of the position for an extended period of time, another school employee will immediately be designated for an interim appointment as DAC, pending return of the previous individual to the position.

Training and Awareness

Each year, employees will be provided with training to promote a supportive school environment that is free from harassment, bullying, and/or discrimination, and to discourage and respond to incidents of harassment, bullying, and/or discrimination. This training may be provided in conjunction with existing professional development, will be conducted consistent with guidelines approved by the Board, and will:

a)         Raise awareness and sensitivity to potential acts of harassment, bullying, and/or discrimination;

b)         Address social patterns of harassment, bullying, and/or discrimination and the effects on students;

c)         Inform employees on the identification and mitigation of such acts;

d)         Enable employees to prevent and respond to incidents of harassment, bullying, and/or discrimination;

e)         Make school employees aware of the effects of harassment, bullying, cyberbullying, and/or discrimination on students;

f)          Provide strategies for effectively addressing problems of exclusion, bias, and aggression;

g)         Include safe and supportive school climate concepts in curriculum and classroom management; and

h)         Ensure the effective implementation of school policy on conduct and discipline.

            Rules against bullying, discrimination, and/or harassment will be included in the Code of Conduct, publicized District-wide, and disseminated to all staff and parents. Any amendments to the Code of Conduct will be disseminated as soon as practicable following their adoption. New teachers will be provided a complete copy of the current Code of Conduct upon their employment, and an age-appropriate summary will be distributed to all students at a school assembly at the beginning of each school year.

Reports and Investigations of Harassment, Bullying, and/or Discrimination

            Students who have been subjected to harassment, bullying, and/or discrimination, persons in parental relation whose children have been subjected to such behavior, or other students who observe or are told of such behavior, are encouraged and expected to make verbal and/or written reports to the principal, Superintendent, DAC, and/or other school personnel. All District staff who are aware of harassment, bullying, and/or discrimination, are required to orally report the incident(s) within one school day to the principal, Superintendent, or designee and report it in writing within two school days after making an oral report.

            The principal, Superintendent, or designee will lead and/or supervise a thorough investigation of all reports of harassment, bullying, and/or discrimination, and ensure that these investigations are completed promptly after receipt of any such reports. All investigations will be conducted in accordance with law, the District's Code of Conduct, and applicable District policy and procedure. In the event allegations involve harassment, bullying, and/or discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, or disability, the District may utilize the procedures set forth in Policy #3420 -- Non-Discrimination and Anti-Harassment in the District, and its implementing regulations. Where appropriate, the DAC or other individual conducting the investigation, may seek the assistance of the District's Civil Rights Compliance Officer in investigating, responding to, and remedying complaints of harassment, bullying, and/or discrimination.

            In the event any investigation reveals harassment, bullying, and/or discrimination, the District will take prompt action reasonably calculated to end the harassment, bullying, and/or discrimination, eliminate any hostile environment, create a more positive school culture and climate, prevent recurrence of the behavior, and ensure the safety of the student or students against whom the harassment, bullying, and/or discrimination was directed. These actions will be taken consistent with applicable laws and regulations, District policies and administrative regulations, and collective bargaining agreements, as well as the District's Code of Conduct and any and all applicable guidelines approved by the Board.

            The Superintendent, principal, or designee will notify the appropriate local law enforcement agency when it is believed that any incident of harassment, bullying, and/or discrimination constitutes criminal conduct.

            The principal of each primary and secondary school will provide a regular report (at least once during each school year) on data and trends related to harassment, bullying, and/or discrimination to the Superintendent. This report will be submitted in a manner prescribed by the District.

            The District will annually report material incidents of harassment, bullying, and/or discrimination which occurred during the school year to the State Education Department. This report will be submitted in a manner prescribed by the Commissioner, on or before the basic educational data system (BEDS) reporting deadline, or other date as determined by the Commissioner.

Prohibition of Retaliatory Behavior

            Any person who has reasonable cause to suspect that a student has been subjected to harassment, bullying, or discrimination by an employee or student on school grounds or at a school function, who acts reasonably and in good faith and reports this information to school officials, the Commissioner of Education, or law enforcement authorities, or otherwise initiates, testifies, participates, or assists in any formal or informal proceedings, will have immunity from any civil liability that may arise from making that report, or from initiating, testifying, participating, or assisting in those proceedings. Furthermore, the Board prohibits any retaliatory action against any person who, acting reasonably and in good faith, makes a report of harassment, bullying, or discrimination, or who otherwise initiates, testifies, participates, or assists in the investigation of a complaint of harassment, bullying, or discrimination.

Publication of District Policy

            At least once during each school year, all school employees, students, and parents will be provided with a written or electronic copy of this policy, or a plain-language summary thereof, including notification of the process by which students, parents, and school employees may report harassment, bullying, and/or discrimination. Additionally, the District will strive to maintain a current version of this policy on its website at all times.

Application

            Nothing in this policy or its implementing regulations should be interpreted to preclude or limit any right or cause of action provided under any local, state, or federal ordinance, law or regulation including, but not limited to, any remedies or rights available under the Individuals with Disabilities Education Act, Title VII of the Civil Rights Law of 1964, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990.

Education Law §§ 10-18, 801-a, 2801 and 3214

8 NYCRR § 100.2

NOTE:  Refer also to Policies  #1330 -- Appointments and Designations by the Board

#3410 -- Code of Conduct on School Property

#3420 -- Non-Discrimination and Anti-Harassment in the District

#7551 -- Sexual Harassment of Students

#7552 -- Student Gender Identity

#7553 -- Hazing of Students

#8242 -- Civility, Citizenship and Character Education/Interpersonal

Violence Prevention Education

Adopted:  6/11/12

Revised:  4/9/18

POLICY #3420

SUBJECT: NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE DISTRICT

The Board is committed to providing an environment free from discrimination and harassment. Accordingly, the Board prohibits discrimination and harassment on the basis of race, color, religion, national origin, sex, sexual orientation, age, disability, or other legally protected category. These actions and occurrences are prohibited regardless of whether they take place on District premises or at school sponsored events, programs, or activities held at other locations.

Prohibited Conduct

Determinations as to whether conduct or occurrences constitute discrimination or harassment for the purposes of this policy and its implementing administrative regulations or procedures will be made consistent with applicable law. These determinations may depend upon a number of factors, including but not limited to:  the particular conduct or occurrence at issue, the ages of the parties involved, the context in which the conduct or occurrence takes place, the relationship of the parties to one another, the category or characteristic that is alleged to have been the basis for the action or occurrence, and other considerations as are necessary and consistent with law. The characterizations and examples below are intended to serve as a general guide for individuals in determining whether to file a complaint of discrimination or harassment, and should not be construed to add or limit the rights individuals and entities possess as a matter of law.

Discrimination is, generally, the practice of conferring or denying privileges on the basis of membership in a legally protected class. Discriminatory actions may include, but are not limited to:  refusing to promote or hire an individual on the basis of his or her membership in a protected class, denying an individual access to facilities or educational benefits on the basis of his or her membership in a protected class, or impermissibly instituting policies or practices that disproportionately and adversely impact members of a protected class.

Harassment generally consists of subjecting an individual, on the basis of his or her membership in a protected class, to conduct and/or communications that are sufficiently severe, pervasive, or persistent as to have the purpose or effect of:  creating an intimidating, hostile, or offensive environment; substantially or unreasonably interfering with an individual's work or a student's educational performance, opportunities, benefits, or well-being; or otherwise adversely affecting an individual's employment or educational opportunities.

Harassment includes unwelcome verbal, written, or physical conduct which offends, denigrates, or belittles an individual because of his or her membership in a protected class. This conduct includes, but is not limited to: derogatory remarks, jokes, demeaning comments or behavior, slurs, mimicking, name calling, graffiti, innuendo, gestures, physical contact, stalking, threatening, bullying, extorting, or the display or circulation of written materials or pictures.

Civil Rights Compliance OfficerThe District will designate one or more individuals to serve as Civil Rights Compliance Officer (CRCO). The CRCO will be responsible for coordinating the District's efforts to comply with and carry out its responsibilities regarding non-discrimination and anti-harassment, including investigations of complaints alleging discrimination, harassment, or the failure of the District to comply with its obligations under relevant non-discrimination and anti-harassment laws and regulations (e.g., the Americans with Disabilities Act, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973).

Prior to the beginning of each school year, the District will issue an appropriate public announcement or publication which advises students, parents or guardians, employees, and other relevant individuals of the District's established grievance procedures for resolving complaints of discrimination and harassment. Included in this announcement or publication will be the name, address, telephone number, and email address of the CRCO(s). The District's website will reflect current and complete contact information for the CRCO(s).

The CRCO for the District is Anthony Cammarata, Assistant Superintendent for Business, 15 Quade Street, Glens Falls, New York 12801; (phone) 518-792-1481; (email) acammarata@gfsd.org.

Investigation of Complaints and Grievances

The District will act to promptly, thoroughly, and equitably investigate all complaints, whether verbal or written, of discrimination and/or harassment based on any of the characteristics described above, and will promptly take appropriate action to protect individuals from further discrimination or harassment. In the event an anonymous complaint is filed, the District will respond to the extent possible.

It is essential that any individual who is aware of a possible occurrence of discrimination or harassment immediately report the occurrence. All reports will be directed or forwarded to the District's designated CRCO(s). These complaints are recommended to be in writing, although verbal complaints of discrimination or harassment will also be promptly investigated in accordance with applicable law and District policy and procedure. In the event the CRCO is the alleged offender, the report will be directed to the Superintendent.

To the extent possible, all complaints will be treated as confidential. Disclosure may, however, be necessary to complete a thorough investigation of the charges and/or notify law enforcement officials.

If an investigation reveals that discrimination or harassment has occurred, the District will take immediate corrective action as warranted. This action will be taken in accordance with applicable laws and regulations, as well as any and all relevant codes of conduct, District policies and administrative regulations, collective bargaining agreements, and/or third-party contracts.

Knowingly Makes False Accusations

Any employee or student who knowingly makes false accusations against another individual as to allegations of discrimination or harassment will face appropriate disciplinary action.

Prohibition of Retaliatory Behavior

The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participated in the investigation of a complaint of discrimination and/or harassment. Complaints of retaliation may be directed to the CRCO. In the event the CRCO is the alleged offender, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity, or to the Superintendent.

Where appropriate, follow-up inquiries will be made to ensure that discrimination and/or harassment has not resumed and that those involved in the investigation have not suffered retaliation.

Additional ProvisionsProcedures or regulations will be developed for reporting, investigating, and remedying allegations of discrimination and/or harassment.

In order to promote familiarity with issues pertaining to discrimination and harassment in the schools, and to help reduce incidents of prohibited conduct, the District will provide appropriate information and/or training to staff and students. As may be necessary, special training will be provided for individuals involved in the investigation of discrimination and/or harassment complaints.

A copy of this policy and its accompanying procedures or regulations will be available upon request and will be posted and/or published in appropriate locations and/or school publications.

This policy should not be read to abrogate other District policies and/or procedures or regulations or the District Code of Conduct prohibiting other forms of unlawful discrimination, harassment, and/or inappropriate behavior within this District. It is the intention of the District that all of these policies and/or regulations be read consistently to provide protection from unlawful discrimination and harassment. However, different treatment of any individual which has a legitimate, legal, and non-discriminatory reason will not be considered a violation of District policy.

Age Discrimination in Employment Act, 29 USC § 621

Americans with Disabilities Act, 42 USC § 12101 et seq.

§ 504 of the Rehabilitation Act of 1973, 29 USC § 794 et seq.

Title VI of the Civil Rights Act of 1964, 42 USC § 2000d et seq.
Title VII of the Civil Rights Act of 1964, 42 USC § 2000e et seq.
Title IX of the Education Amendments of 1972, 20 USC § 1681 et seq.
Education Law § 2801(1)
Executive Law § 290 et seq.
October 26, 2010 OCR Dear Colleague Letter (Harassment and Bullying)
April 4, 2011 OCR Dear Colleague Letter (Sexual Violence)
April 24, 2015 OCR Dear Colleague Letter (Title IX Guidance)

NOTE:  Refer also to Policies #6120 -- Equal Employment Opportunity
 #6121 -- Sexual Harassment in the Workplace
 #6122 -- Employee Grievances
 #7550 -- Dignity for All Students
 #7551 -- Sexual Harassment of Students
 District Code of Conduct

Adopted:  8/11/2003

Revised:  1/10/2005; 5/14/2007; 5/9/2011; 10/15/2012; 6/12/2017; 10/15/2018

The Dignity for All Students Act (The Dignity Act) was signed into law by former Governor David A. Paterson in September 2010, to protect all students in New York public schools from harassment, discrimination and bullying by other students or school employees. This legislation amended State Education Law by creating a new Article 2 – Dignity for All Students. DASA also amended Section 801-a of New York State Education Law regarding instruction in civility, citizenship, and character education by expanding the concepts of tolerance, respect for others and dignity to include: an awareness and sensitivity in the relations of people, including but not limited to, different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, gender identity, and sexes. The Dignity Act further amended Section 2801 of the Education Law by requiring Boards of Education to include language addressing The Dignity Act in their codes of conduct. Additionally, under the Dignity Act, schools are responsible for collecting and reporting data regarding material incidents of discrimination and harassment.

All public elementary and secondary school students are protected by The Dignity Act. The Act explicitly mandates the reporting of all incidents of harassment, bullying, and/or discrimination based on, but not limited to, a person’s race, color, weight, nationality, ethnicity, religion, disability, sexual orientation, gender (which includes gender identity and/or expression), or sex. This includes any act(s) of harassment, bullying, cyberbullying, and/or discrimination of students by other students as well as school personnel.

Harassment is defined as “creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that 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.

The Dignity Act applies to behavior on school property (including athletic fields, playgrounds, and parking lots) in school buildings, on a school bus/vehicle, as well as at school-sponsored events or activities.

The Code of Conduct must reflect the prohibition of discrimination and harassment of students by students or staff — in age appropriate plain language.

• Elementary Student Code of Conduct
• GFMS/GFHS Student Code of Conduct

• Develop policies intended to create a school environment that is free from discrimination or harassment.
• Develop guidelines for school training programs to discourage discrimination or harassment that are designed to:
• Raise awareness and sensitivity of school employees to potential discrimination or harassment and;
• Enable employees to prevent and respond to discrimination or harassment.
• Develop guidelines relating to the development of non-discriminatory instructional and counseling methods and require that at least one staff member be trained to handle human relations issues.

POLICY #3410

SUBJECT: CODE OF CONDUCT ON SCHOOL PROPERTY

The District has developed and will amend, as appropriate, a written Code of Conduct for the Maintenance of Order on School Property, including school functions, which will govern the conduct of students, teachers, and other school personnel, as well as visitors and/or vendors. The Board will further provide for the enforcement of this Code of Conduct.

For purposes of this policy, and the Code of Conduct, school property means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of the District's elementary or secondary schools, or in or on a school bus; and a school function means a school sponsored extracurricular event or activity regardless of where the event or activity takes place.

The District Code of Conduct has been developed in collaboration with student, teacher, administrator, and parent organizations, school safety personnel, and other school personnel.

The District Code of Conduct will be adopted by the Board only after at least one public hearing that provided for the participation of school personnel, parents or persons in parental relation, students, and any other interested parties.

The District Code of Conduct will be reviewed on an annual basis, and updated as necessary in accordance with law. The District may establish a committee to facilitate review of its Code of Conduct and the District's response to violations. The Board will reapprove any updated Code of Conduct or adopt revisions only after at least one public hearing that provides for the participation of school personnel, parents or persons in parental relation, students, and any other interested parties. The District will file a copy of its Code of Conduct and any amendments with the Commissioner, in a manner prescribed by the commissioner, no later than 30 days after their respective adoptions.

The Board will ensure community awareness of its Code of Conduct by:

a)         Posting the complete Code of Conduct on the Internet website, if any, including any annual updates and other amendments to the Code;

b)         Providing copies of a summary of the Code of Conduct to all students in an age-appropriate version, written in plain language, at a school assembly to be held at the beginning of each school year;

c)         Providing a plain language summary of the Code of Conduct to all parents or persons in parental relation to students before the beginning of each school year and making the summary available thereafter upon request;

d)         Providing each existing teacher with a copy of the complete Code of Conduct and a copy of any amendments as soon as practicable following initial adoption or amendment. New teachers will be provided a complete copy of the current Code of Conduct upon their employment; and

e)         Making complete copies available for review by students, parents or persons in parental relation to students, other school staff, and other community members.

Privacy Rights

As part of any investigation, the District has the right to search all school property and equipment, including District computers; users do not have exclusive use of these locations or equipment and should not expect that materials stored in them are private.

Education Law Article 2, §§ 801-a, 2801 and 3214

Family Court Act Articles 3 and 7

Vehicle and Traffic Law § 142

8 NYCRR § 100.2

NOTE:  Refer also to District Code of Conduct

Adopted:  4/9/2001

Revised:  6/9/03; 5/14/07; 6/11/12; 1/12/15; 6/12/17

If you think your child is being bullied:

a. Share your concerns with your child’s teacher.
b. Talk with your child. Tell him or her that you are concerned and ask some questions, such as:

• Are students teasing you at school? 
• Is anybody picking on you at school?
• Are there students who are leaving you out of activities at school on purpose?

c. Try to find out more about your child's school life. Here are some questions you could ask:

• Do you have any special friends at school this year?
• Who do you sit with at lunch ?
• Tell them that bullying is wrong and not their fault. Say that you are glad they had the courage to speak up. Tell them that you will do something about it and explain what you are going to do.
• If you disagree with how your child handled the bullying, don’t criticize them.
• Do not tell your child to fight back. This is not likely to end the problem and could make it worse by getting your child in trouble at school.

What else can you do if you think your child is being bullied:

a. Focus on your child.

• Support your child and find out more about the bullying. Do not ignore the bullying or tell your child to ignore it. This sends the message that bullying is okay.
• Don’t blame your child for the bullying, your child does not deserve to be bullied.
• Listen carefully to what your child tells you about the bullying. Ask him or her to describe what happened. Ask who was involved, where it happened, and if there were any witnesses.

Although a child who is bullied is never responsible for the bullying, there are things you can do to help your child handle the situation:

• Encourage your child to develop interests and hobbies that will help him or her handle difficult situations like bullying.
• Encourage your child to spend time with friendly students in his or her class. Allow your child to spend time with these children outside of school, if possible.
• Help your child meet new friends outside of school.
• Teach your child safety strategies, such as how to seek help from an adult.
• Make sure your home is a safe and loving place for your child. Take time to talk with your child often.
• If you and your child need additional help, talk with a school counselor and/or mental health professional.

• Make it clear to your child that you take bullying seriously and that it is not okay.
• Make rules within your family for your child’s behavior.
• Praise your child for following the rules and use nonphysical and logical consequences when rules are broken. A logical consequence for bullying could be losing rights to use the phone to call friends, using email to talk with friends, or other activities your child enjoys.
• Spend lots of time with your child and keep close track of their activities. Find out who your child’s friends are and how and where they spend their free time.
• Build on your child’s talents by encouraging them to get involved in positive activities (such as clubs, music lessons, or nonviolent sports).
• Share your concerns with your child’s teacher, counselor, and/or principal. Work together to send a clear message to your child that their bullying must stop.
• If you and your child need more help, talk with a school  counselor and/or mental health professional.

Many children are observers or “bystanders” in cases of bullying at school. It is important that even students who are bystanders in a bullying situation take action to get help, so the bullying stops. We are taking steps to teach this important information to students at school. Here are some things you can do to support these efforts at home.

If your child talks to you about the bullying that he or she witnesses at school, you are encouraged to do the following:

• Teach your child how to get help without getting hurt.
• Encourage your child to intervene, not physically, but by using their words if it is safe to do so. Some things they could say, “Knock it off. We don’t do that at school."
• Tell your child not to cheer on or even quietly watch bullying. This only encourages a child who bullies.
• Encourage your child to tell a trusted adult about the bullying. Be sure they know the difference between telling and tattle-telling.
• Help your child want to help others who tend to be bullied.
• Teach your child to include these students who are bullied in activities.
• Praise and reward “quiet acts of courage”—where your child tried to do the right thing to stop bullying, even if he or she was not successful.
• Work with your child to practice specific ways he or she can help stop bullying. For example, role-play with him or her what he or she could say or do to help someone who is being bullied.

--- This information has been adapted from a publication originally created for “Take a Stand. Lend a Hand. Stop Bullying Now!” a campaign of the Health Resources and Services Administration, the Maternal and Child Health Bureau, and the U.S. Department of Health and Human Services.

More information is at StopBullying.gov