Cazenovia Central School District
CODE OF CONDUCT
This Code of Conduct applies to any school personnel, student, parent/guardian or other visitor who is:
On school property;
Using the school district’s devices, technology or computer network;
In attendance at school;
At any school-sponsored activity.
I. INTRODUCTION
The Cazenovia Central School District Board of Education is committed to providing a safe and orderly learning environment where students receive, and Cazenovia Central School District personnel delivers, quality educational services without undue disruption or interference. Responsible behavior by students, teachers, other Cazenovia Central School District personnel, parents/guardians and other visitors is essential to achieving this goal.
Cazenovia Central School District has a long‑standing set of expectations for conduct on school property and at all of its functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty, integrity, and the belief in the educational goals of the organization.
Accordingly, in collaboration with students, parents/guardians, teachers and administrators, the Board of Education has established this Code of Conduct.
Unless otherwise indicated, this code applies to all students, school personnel, parents/guardians and other visitors when on Cazenovia Central School District property or attending a Cazenovia Central School District function within or outside the district.
II. DEFINITIONS
For purposes of this code, the following definitions apply:
“Cyber bullying” means harassment/bullying (as defined below) through any form of electronic communication. Cyber bullying includes, but is not limited to, the following misuses of technology: harassing, teasing, intimidating, threatening, or terrorizing another student or staff member by way of any technological tool, such as sending or posting inappropriate or derogatory email messages, instant messages, text messages, digital pictures or images, or website postings (including blogs). Cyber bullying can involve, but is not limited to: sending mean, vulgar, or threatening messages or images; posting sensitive, private information about another person; pretending to be someone else in order to make that person look bad. Cyber bullying involving District students may occur both on campus and off school grounds and may involve student use of the District internet system or student use of personal digital devices including but not limited to: cell phones, digital cameras, personal devices, or electronic tools. Cyber bullying or harassment has or could have the effect of:
Causing physical, social/relational, emotional or mental harm to a student;
Placing a student in reasonable fear of physical, emotional or mental harm;
Placing a student in reasonable fear of damage to or loss of personal property; or
Interfering with a student’s educational performance and/or denying or limiting a student’s ability to participate in or to receive benefits, services or opportunities in the school’s programs.
“Disability” means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment.
“Discrimination” means discrimination against any student by a student or students and/or employee or employees on school property or at a school function including, but not limited to, discrimination based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex or any other legally protected status.
"Disruptive student" means a student who is substantially disruptive of the educational process or interferes with the teacher's authority over the educational environment. A substantially disruptive student is a student who affects the teacher’s ability to teach and can make it difficult for other students in the classroom to learn.
“Emotional harm” that takes place in the context of “harassment or bullying” means harm to a student’s emotional well-being through creation of a hostile school environment that is so severe or pervasive as to unreasonably and substantially interfere with a student’s education.
“Employee” means any person receiving compensation from a school district or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title nine-B of article five of the Social Services Law, and consistent with the provisions of such title for the provision of services to such district, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact.
“Gender” means actual or perceived sex and includes a person’s gender identity or expression.
“Harassment/Bullying” means the creation of a hostile environment 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 including conducts, threats, intimidation or abuse that reasonably causes or would be reasonably expected to cause emotional harm; or (b) reasonably causes or would reasonably be expected to cause physical injury to a student or to cause a student to fear for his or her physical safety; or (c) places a student in reasonable fear of damage to or loss of personal property. Such conduct shall include acts of harassment and/or bullying that occur: (i) on school property; (ii) at a school function; or (iii) off school property, where such acts create 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. For the purposes of this definition, the term “threats, intimidation or abuse” shall include verbal and non verbal actions.
Acts of harassment and bullying that are prohibited include those acts based on a person’s
actual or perceived race, color, weight, national origin, ethnic origin, ethnic group, religion, religious practice, disability, sexual orientation, sex, gender (including gender identity and expression) or any other legally protected status.
Bullying may be premeditated or a sudden activity. Bullying may be subtle or easy to identify. Bullying may be done by one person or a group. Bullying may be a single act or a series of occurrences. Bullying may also be based on any characteristic including but not limited to a person’s actual or perceived race, color, weight, national origin, ethnic origin, ethnic group, religion, religious practices, disability, sex, sexual orientation, gender (including gender identity and expression) or any other legally protected status.
Bullying includes, but is not limited to, the following types: Verbal bullying: includes but is not limited to name calling, insulting remarks, verbal teasing, frightening phone calls, violent threats, extortion, taunting, gossip, spreading rumors, racist slurs, anonymous notes, etc.
Physical bullying: includes but is not limited to poking, slapping, hitting, tripping or causing a fall, choking, kicking, punching, biting, pinching, scratching, spitting, twisting arms or legs, damaging clothes and personal property, taking personal belongings without permission, or threatening gestures.
Social or relational bullying: includes but is not limited to excluding someone from a group, isolating, shunning, spreading rumors or gossiping, arranging public humiliation, undermining relationships, teasing about clothing, blatant or subtle offensive body language, extortion, intimidation, coercion, etc.
“Illegal Substances” include, but are not limited to alcohol, inhalants, marijuana/cannabis, cocaine, LSD, PCP, amphetamines, barbiturates, ecstasy, heroin, steroids, any substances commonly referred to as designer drugs and look-alikes (including but not limited to synthetic cannabinoids), prescription or over-the-counter drugs when possession is unauthorized, or such are inappropriately used or shared with others, or any product which, when misused, will result in an impaired or altered state. Illegal substances also include any paraphernalia related to these substances.
“Material Incident of Harassment, Bullying and/or Discrimination” means a single verified incident or a series of related verified incidents where a student is subjected to harassment, bullying and/or discrimination by a student and/or employee on school property or at a school function. In addition, such term shall include a verified incident or series of related incidents of harassment or bullying that occurs off school property, and is the subject of a written or oral complaint to the superintendent, principal, or their designee, or other school employee. Such conduct shall include, but is not limited to, threats, intimidation or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex or any other legally protected status.
"Parent" means the biological, adoptive or foster parent, guardian or person in parental relation to a student.
“Retaliation” means when any employee, student, or visitor mistreats any person because he/she reported in good faith, testified about, or otherwise assisted in an investigation, proceeding or hearing related to alleged harassment or bullying. It is possible that an alleged harasser may be found to have retaliated if the underlying complaint is not found to be a violation of District policy. Retaliation includes, but is not limited to any form of intimidation, reprisal or harassment and may be redressed through application of the same reporting, investigation, and enforcement procedures as for harassment.
“School Bus” means every motor vehicle owned by a public or governmental agency or private school and operated for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities, or, privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities.
"Cazenovia Central School District function" means any Cazenovia Central School district sponsored field trip, instructional activity, sports activity or extracurricular event or activity.
"Cazenovia Central School District property" means in or within any building, structure, play area, parking lot or land contained within the real property boundary line of a Cazenovia Central School District facility, or in or on a school bus, as defined in this Code.
“Sexual orientation” means actual or perceived heterosexuality, homosexuality or bisexuality.
“Tobacco Products” means any vaping or nicotine-containing devices and accessories to such devices and any other tobacco-containing product in any form, as well as matches, lighters and other related paraphernalia. This also includes any simulated tobacco products that imitate or mimic tobacco products.
"Violent student" means a student who may be described by any of the clauses below:
Commits an act of violence upon a Cazenovia Central School District employee.
Commits, while on Cazenovia Central School District property or at a Cazenovia Central School District function, an act of violence upon another student or any other person lawfully on Cazenovia Central School District property or at a Cazenovia Central School District function.
Possesses a weapon while on Cazenovia Central School District property or at a Cazenovia Central School District function.
Displays what appears to be a weapon, while on Cazenovia Central School District property or at a Cazenovia Central School District function.
Threatens to use a weapon, while on Cazenovia Central School District property or at a Cazenovia Central School District function.
Knowingly and intentionally damages or destroys the personal property of any Cazenovia Central School student, District employee or person lawfully on Cazenovia Central School District property or at a Cazenovia Central School District function.
Knowingly and intentionally damages or destroys Cazenovia Central School District Property.
“Under the Influence” means if a person has used any quantity of an illegal substance or alcohol within a time period reasonably proximate to his/her presence on school property, on a school bus, in a school vehicle, or at a school-sponsored function and /or exhibits symptoms of such use as to lead to the reasonable conclusion of such consumption.
A “weapon" means a firearm as defined in 18 USC 921 for purposes of the Gun-Free Schools Act. It also means any other gun, pistol, air gun, BB gun, disguised gun, razor, knife, brass knuckles, slingshot, box cutter, electronic dart gun, throwing star, electronic stun gun, pepper spray or other noxious spray, fireworks, explosive or incendiary bomb, smoke bomb, paddle or other device, toy or replica/fake weapons, or any other device, instrument, material or substance (Other Item) that can cause physical injury or death when used to cause physical injury or death, or when such Other Item is brandished as a weapon.
III. STUDENT RIGHTS AND RESPONSIBILITIES
A. STUDENT BILL OF RIGHTS
Cazenovia Central School District is committed to safeguarding the rights of all students under state and federal law. In addition to those rights, all Cazenovia Central School District students have the right to:
A safe, healthy, orderly and civil learning environment.
Take part in all Cazenovia Central School District activities on an equal basis regardless of race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender (identity or expression), or sex.
Present their version of the relevant events to Cazenovia Central School District personnel authorized to impose a disciplinary penalty as in connection with the imposition of the penalty.
Access to Cazenovia Central School District rules and when necessary, to receive an explanation of those rules from Cazenovia Central School District personnel.
Be treated with respect.
B. STUDENT RESPONSIBILITIES
Students are expected to:
Contribute to maintaining a safe and orderly learning environment that is conducive to learning and to show respect to other persons and to property.
Attend classes every scheduled day and period, on time unless excused, and be prepared to learn.
Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement.
React to direction given by teachers, administrators and other Cazenovia Central School personnel in a respectful and positive manner.
Work to develop mechanisms to appropriately manage strong emotions.
Ask questions when they do not understand.
Seek help in solving problems to avoid disciplinary action.
Dress in accordance with the Student Dress Code for class and Cazenovia Central School District functions.
Accept responsibility for their actions.
Conduct themselves as representatives of Cazenovia Central School District when participating in or attending Cazenovia Central School District sponsored extracurricular events and to hold themselves to the highest standards of conduct.
Notify a teacher or school official if they have knowledge of a situation where any student is disrespected, harassed, abused, threatened, or is in danger.
Tell a responsible adult if they believe violence will occur.
Refrain from using inappropriate language at any time and in any place.
Treat others with respect
IV. ESSENTIAL PARTNERS IN EDUCATION
Providing a safe and orderly school environment involves a partnership of parents/guardians and school personnel. The following are expectations of each:
A. PARENTS AND GUARDIANS
Recognize that the education of their children is a joint responsibility of the parents/guardians and the educational community.
Send their children to educational programs ready to participate and learn.
Ensure their children attend class regularly and on time in accordance with District policy.
Ensure absences are properly documented.
Ensure that their children be dressed and groomed in a manner consistent with the Student Dress Code.
Help their children understand that in a democratic society appropriate rules are required to maintain a safe and orderly environment.
Know Cazenovia Central School District rules, policies and academic requirements and help their children understand them.
Convey to their children a supportive attitude toward education and Cazenovia Central School District.
Build good relationships with teachers, other parents/guardians and their children’s friends.
Help their children deal effectively with peer pressure.
Inform the school principal, counselor and/or teachers of changes in the home situation or potentially violent student behavior that may affect conduct, performance, or safety.
Provide a place for study and ensure homework assignments are completed.
Initiate contact with teachers, counselors, psychologists/social workers/mental health team members, and school officials as a way to resolve problems.
Conduct themselves as representatives of Cazenovia Central School District when participating in or attending Cazenovia Central School District sponsored extracurricular events and to hold themselves to the highest standards of conduct.
Attend Back-to-School night and other school-wide informational meetings.
B. FACULTY AND STAFF
Maintain a climate of mutual respect and dignity, which will strengthen students’ self-confidence and promote confidence to learn.
Demonstrate interest in teaching, and a concern for student achievement and well-being.
Know Cazenovia Central School District policies and rules and enforce them in a fair and consistent manner.
Communicate regularly with students, parents/guardians, counselors, and other teachers concerning student growth, achievement, expectations and social emotional development.
Initiate contact with parents/guardians, students, and school officials as a way to resolve problems.
Maintain appropriate confidentiality of information regarding students, parents/guardians, and staff.
Communicate unbiased perspectives.
C. SCHOOL COUNSELORS
Assist students in coping with peer pressure and emerging personal, social, and emotional problems.
Initiate teacher/student/counselor conferences and parent/teacher/student/counselor conferences as necessary, as a way to resolve problems.
Regularly review with students their educational progress and educational and career plans.
Provide information to assist students with career planning and college application/selection.
Encourage students to benefit from the curriculum and extracurricular programs.
Initiate contact with students, parents/guardians, faculty, and school officials as needed, as a way to resolve problems.
D. ADMINISTRATORS
Promote a safe, orderly, and stimulating school environment, supporting active teaching and learning.
Ensure that students, staff, and parents/guardians have the opportunity to communicate with the administrators and for correcting the wrongdoing.
Evaluate all instructional programs on a regular basis.
Support the development of and student participation in appropriate extra-curricular activities.
Be responsible for enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.
Initiate contact with students, parents/guardians, faculty, counselors, and school officials, as needed, as a way to resolve problems.
E. BOARD OF EDUCATION
Collaborate with student, teacher, administrator, and parent organizations, Cazenovia Central School District safety personnel and other Cazenovia Central School District personnel to develop a code of conduct that clearly defines expectations for the conduct of students, Cazenovia Central School District personnel and visitors on Cazenovia Central School District property and at Cazenovia Central School District functions.
Annually review the Cazenovia Central School District’s Code of Conduct to evaluate the code’s effectiveness and the fairness and consistency of its implementation.
V. STUDENT DRESS CODE -
All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. The responsibility for the dress and appearance of students shall rest with individual students and parents. They have the right to determine how the student shall dress, provided that such attire does not violate this Dress Code. The administration is authorized to take disciplinary action in instances where individual dress does not meet these stated requirements.
A student’s dress, grooming and appearance shall meet the following standards:
Be safe, appropriate and not disrupt or interfere with the educational process.
Not expose the midriff (front and back), lower abdominal area, gluteal area or chest, and student may not wear clothing through which these areas of the body are visible.
Ensure that underwear or undergarments are completely covered with outer clothing. Clothing may not contain any holes, rips, tears, or sheer portions allowing underwear or undergarments to be seen through clothing.
Include footwear at all times. Footwear that is a safety hazard will not be allowed.
Not include the wearing of hats, bandanas or sunglasses except for a medical or religious purpose.
Not include items that are vulgar, obscene, libelous or denigrate others on account of race, color, religion, creed, national origin, gender, sexual orientation or disability.
Not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage other illegal, violent or sexual activities; including messages that are innuendos or have double meanings.
All Physical Education clothes MUST fulfill the dress code requirements. While the school administration may require students participating in physical education classes to wear certain types of clothing such as sneakers, socks, shorts, and tee shirts, they may not prescribe a specific brand which students must wear.
This Dress Code does not mean that student, faculty, or parent groups may not recommend appropriate dress for school or special occasions. It means that a student shall not be prevented from attending school or a school function, or otherwise be discriminated against, so long as his/her dress and appearance meet the above requirements. A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state.
Nothing in this Dress Code will be construed to limit the ability of students to dress and/or groom themselves in a way that allows them to express their gender identity, or to discipline students for doing so. Nothing in this Dress Code will be construed to limit the ability of students to wear certain protective hairstyles (including but not limited to braids, locks, and twists) or to wear their hair in a particular texture, or to discipline students for doing so.
Each building principal or his or her designee shall be responsible for informing all students and their parents of the student dress code at the beginning of the school year and any revisions to the dress code made during the school year. All staff will enforce the dress code.
Students who violate the dress code shall be required to modify their appearance by covering or removing the offending item and, if necessary or practical, replacing it with an acceptable item. Any student who refuses to do so shall be subject to discipline, up to and including in-school suspension for the day. Any student who repeatedly fails to comply with the dress code or violates the dress code by wearing the same inappropriate article of clothing shall be subject to further discipline, up to and including detention or in school suspension.
VI. BEHAVIOR-RELATED OFFENSES AND CONSEQUENCES
Students are expected to conduct themselves in an appropriate and civil manner with regard for the rights and welfare of other students, district personnel and other members of the school community, and for the care of school facilities and equipment.
The rules of conduct listed hereafter are intended to focus on safety and respect for the rights and property of others. Students who do not accept responsibility for their own behavior and who violate school rules will be required to accept penalties for their conduct.
Disciplinary action, when necessary, will follow the district’s restorative practices approach, be firm, fair, timely, and consistent so as to be the most effective in changing student behavior. The staff at a school has the responsibility for taking appropriate actions when a student is involved in a situation which disrupts the learning environment of a school. When determining the consequences, they will take the following into consideration:
The nature of the offense and the circumstances, which led to the offense.
The age-appropriateness of the consequence.
The student’s prior disciplinary record.
The effectiveness of other forms of discipline.
Information from parents/guardians, teachers, and/or others as appropriate.
The extent to which the offense interfered with the responsibility, rights, privileges, and/or property of others.
The extent to which the offense posed a threat to the health and safety of others.
Other extenuating circumstances.
As a general rule, discipline will follow the district’s restorative approaches and will be progressive. This means that a student’s first violation will usually merit a lighter penalty than subsequent violations. However, in the case of students who are habitually disruptive, or who frequently violate school rules, administrators have the prerogative of applying more severe penalties at any stage, including removal from class and suspension from school. Some violations, however, are severe enough to merit maximum penalty on the first occasion.
The following is a list of offenses on school property or at a school function. This list is not all-inclusive and includes the range of consequences.
RANGE OF CONSEQUENCES FOR BEHAVIOR RELATED OFFENSES
Level I Consequences
Warning/verbal reprimand
Loss of privilege
Conference with student
Communication with parent/guardian
Detention after school by teacher
Counseling
*Restitution
*Detention after school by administrator
Confiscation
Level II Consequences
Removal from class
In-School Detention
In-School Suspension
*Out of School Suspension
*Police notification
*Removal from school property
*Suspension from Bus Transportation
*Restitution
**Long Term (more than 5 days) Out-of-School Suspension
*Suspension from attendance at extracurricular activities (including dances, club activities & athletic events)
Level III Consequences
**Expulsion (permanent suspension)
* = Administrator action only
** = Superintendent action only
VII. REPORTING AND INVESTIGATING VIOLATIONS OF LAWS AND SCHOOL RULES
A. Any student observing a student possessing a weapon, alcohol or illegal substance on Cazenovia Central School District property or at a Cazenovia Central School District function shall report this information immediately to a teacher, a Cazenovia Central School District administrator, or the Superintendent.
B. Any weapons, alcohol or illegal substances found shall be confiscated immediately, followed by notification of the parent of the student involved and the appropriate disciplinary action taken, up to and including permanent suspension and referral for prosecution.
C. School administrators may interview and question students regarding violations of the Code of Conduct, school rules, and about violations of laws committed on school grounds or at school events.
Administrators may also interview students where conduct at any other time or place has a direct and/or immediate effect on maintaining order and discipline or protecting the safety and welfare of the students or staff in the schools.
Students are not entitled to any sort of Miranda-type warnings before being questioned by school officials, nor are school officials required to contact a student’s parents/guardians before questioning the student. Cazenovia Central School officials will tell a student why he or she is being questioned.
Searches of student lockers, bags, desks and other school storage places by school officials are permissible, as students should have no reasonable expectations of privacy with respect to these places. In addition, the Board of Education authorizes Cazenovia Central School administrators to conduct a search of a student’s book belongings and request that a student empty his or her pockets if the school official has reasonable suspicion to believe that the search will result in evidence that the student violated school rules or State/Federal Law. Students’ book bags or other belongings may be searched whenever school officials are concerned about an immediate threat to student safety.
D. An Administrator, program supervisor, and his or her designee, must notify the appropriate local law enforcement agency of those code violations that constitute a crime and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day the Administrator learns of the violation.
Cazenovia Central School officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in Cazenovia Central School buildings or at Cazenovia Central School functions, or to use our facilities in connection with police work. Police officials may enter Cazenovia Central School property or a Cazenovia Central School function to question or search a student or to conduct a formal investigation involving students only if they have:
A search or an arrest warrant.
Probable cause to believe a crime has been committed on Cazenovia Central School property or at a school function.
Before police officials are permitted to question or search any student, the administrator and his or her designee shall first try to notify the student’s parent to give the parent the opportunity to be present during the police questioning or search. If the student’s parent cannot be contacted prior to the police questioning or search, search or questioning shall not take place. The Administrator, program supervisor, and their designee will also be present during any police questioning or search of a student on Cazenovia Central School property or at a Cazenovia Central School function.
ALCOHOL AND DRUG POLICY
Any student found in possession of, under the influence of, consumption, sharing, selling and/or distributing drugs, designer drugs, counterfeit drugs, or alcohol on school grounds, on a school bus or at a school-related activity or event will be suspended immediately for five (5) days pending a Superintendent’s Hearing. Consequences may include removal of the student to an alternative instructional program or long-term suspension from school. A suspended student is not allowed on school property and may not participate in any school events or activities, including sports and the graduation ceremony. All drug and alcohol violations will be reported to the local authorities.
ALCOHOL SENSOR USE
No student under the influence of alcohol and/or illegal drugs will be allowed in school or admitted to any extra-curricular event sponsored by the school district. Students under reasonable suspicion in school or seeking entrance to a school-sponsored event or activity are subject to the administration of an Alcohol Sensor to determine the presence of alcohol in the student’s system.
The test will be administered by school district officials or their designees. Any student refusing to submit to the Alcohol Sensor test will not be permitted to enter the event and his/her parent or guardian will be called to arrange transportation of the student from the premises. The student may be subject to further disciplinary action as a result of his/her insubordination.
If a student tests positive for alcohol during the school day, a parent or guardian is notified to arrange transportation of the student from the premises. The student will also be subject to further disciplinary action as defined by the alcohol and drug policy.
Reporting Discrimination, Harassment and Bullying (Dignity For All Students Act)
Prevention is the cornerstone of the District’s effort to address bullying and harassment. In order to implement this anti-bullying prevention program, the Board will designate, at its annual organizational meeting, individuals at each school to act as the Dignity For All Students Act Coordinator (“DAC”). These individuals shall 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, and sex.
The DASA Coordinators will be responsible for assisting in coordinating and enforcing the requirements of the Dignity for All Students Act and its related policies and regulations at each school building, including but not limited to:
(a) Professional development for staff members;
(b) The complaint process; and
(c) Implementation of the Dignity Act’s civility curriculum components.
The Dignity Act Coordinators are as follows:
Cristina Knapp, Principal, Burton Street Elementary, cknapp@caz.cnyric.org, 315-655-1325
Amy Getman-Herringshaw, Principal, Middle School, agetman@caz.cnyric.org, 315-655-1324
Molly Hagan, Principal, High School, mhagan@caz.cnyric.org, 315-655-1370
The DASA Coordinators are the school employees charged with receiving all reports of harassment, bullying and discrimination; however, students and parents may make an oral or written complaint of harassment, bullying or discrimination to any teacher, administrator or school employee. The District will act to promptly investigate all complaints, verbal or written, formal or informal, of allegations of discrimination, harassment and bullying; and will promptly take appropriate action to protect individuals from further discrimination, harassment and bullying.
It is essential that any student who believes they have been subjected to discrimination, harassment, bullying or retaliatory behavior, as well as any individual who is aware of and/or who has knowledge of, or witnesses any possible occurrence, immediately report same to any staff member or administrator. The staff member/administrator to whom the report is made (or the staff member/administrator who witnesses or suspects bullying/cyberbullying behavior) shall document and take appropriate action to address the immediacy of the situation and shall promptly report in accordance with the following paragraphs.
Upon receipt of a complaint (even an anonymous complaint), or if a school employee otherwise learns of any occurrence of possible conduct prohibited by this Code, the school employee shall promptly and orally notify the DASA Coordinator(s) no later than one (1) school day after such school employee witnesses or receives the complaint or learns of such conduct. Such school employee shall also file a written report with the DASA Coordinator(s) no later than two (2) school days after making such oral report. In the event that the DASA Coordinator is the alleged offender, the report will be directed to the Principal or Superintendent.
After receipt of a complaint, the DASA Coordinator(s) shall lead or supervise a thorough investigation of the alleged harassing, bullying and/or retaliatory conduct. The DASA Coordinator(s) shall ensure that such investigation is completed promptly and investigated in accordance with the terms of District policy. All complaints shall be treated as confidential and private to the extent possible within legal constraints.
Based upon the results of this investigation, if the District determines that a school official, employee, volunteer, vendor, visitor and/or student has violated the District’s Code of Conduct or a material incident of harassment, bullying and/or discrimination has occurred, immediate corrective action will be taken as warranted, it will take prompt action reasonably calculated to end the violation, 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 such violation was directed.
The Principal, Superintendent, or their designee shall notify promptly the appropriate local law enforcement agency when it is believed that any harassment, bullying or discrimination constitutes criminal conduct. The Principal or the Principal’s designee shall provide a regular report, at least once during each school year, on data and trends relating to harassment, bullying and/or discrimination to the Superintendent of Schools.
Retaliation against any individual who, in good faith, reports or assists in the investigation of harassment, bullying, and/or discrimination shall be prohibited.
As a general rule, responses to acts of harassment, bullying, and/or discrimination against students by students shall incorporate a progressive model of student discipline that includes measured, balanced and age-appropriate remedies and procedures that make appropriate use of prevention, education, intervention and discipline, and considers among other things, the nature and severity of the offending student’s behavior(s), the developmental age of the student, the previous disciplinary record of the student and other extenuating circumstances, and the impact the student’s behaviors had on the individual(s) who was physically injured and/or emotionally harmed. Responses shall be reasonably calculated to end the harassment, bullying, and/or discrimination, prevent recurrence, and eliminate the hostile environment.
VIII. REMOVING SUBSTANTIALLY DISRUPTIVE STUDENTS
A substantially disruptive student affects a teacher’s ability to teach and makes it difficult for students in the classroom to learn. In most instances, the classroom teacher shall control substantially disruptive student behavior by using good management techniques. In some instances, however, it may be necessary for a teacher to remove a disruptive student from the classroom to ensure that the other students continue to learn.
A. Traditional Means for Removing a Substantially Disruptive Student
Teachers may remove substantially disruptive students from their classes by following current behavior management procedures. One of these procedures is a restorative conference with a teacher, or other school official. According to Education Law 3214(3-a), a teacher may remove a student from their classroom.
Another procedure is to send the substantially disruptive student to the office, where the student remains until the teacher can contact the administrator in charge. Parental notification, detention, in-school suspension and out-of-school suspension are some of the consequences that may be initiated by the administrator after conferring with the teacher and the student.
Whenever a student is assigned to detention or in-school suspension, the parent will receive a letter from the administrator.
In all disciplinary cases, except where a substantially disruptive student is a danger to themself or to others, the student will be told the reasons for removal from class.
B. Teacher Removal of a Substantially Disruptive Student
A teacher may remove a substantially disruptive student from class for up to 84 minutes at the secondary level and 40 minutes at the elementary level. During the removal, the student must be provided with instruction.
If the student does not pose a danger or ongoing threat of disruption to the academic process, the teacher must provide the student, before the student is removed, with an explanation for why they are being removed. The student must also be given the opportunity to present their version of the relevant events. Only after this informal discussion may a teacher remove a student from class.
If the student does pose a danger or ongoing threat of disruption, the teacher may order the student to be removed immediately. The teacher must, however, explain to the student why they were removed from the classroom and give the student a chance to present his or her version of the relevant events within one full school day.
The teacher must complete a Cazenovia Central School District established Teacher Removal of a Substantially Disruptive Referral Form and meet with the Principal or program supervisor as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the referral forms. If the Principal or supervisor is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the Principal or supervisor prior to the beginning of classes on the next school day. Additionally, within twenty-four hours, the teacher must notify the student’s parents/guardians by telephone of the removal and provide reasons for the removal.
Within one school day after the student's removal, the Principal, or another Cazenovia Central School District administrator designated by the Principal must inform the student's parent, in writing, that the student has been removed from class and why. The notice must also inform the parent that he or she has the right, upon request, to meet informally with the Principal, Supervisor, or the designated administrator to discuss the reasons for the removal and behavior modification(s) to remedy the cause for the removal. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice by the day after the student's removal at the last known address for the parent. Where possible, notice should also be provided by telephone if Cazenovia Central School District has been provided with a telephone number(s) for the purpose of contacting parents/guardians. At the informal conference, the teacher will present reasons for the removal.
The teacher, the Principal, or the designated administrator must give the student and the student’s parents/guardians a chance to present the student's version of the relevant events at an informal meeting. This meeting must be held within two school days of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent, teacher, and Principal.
The unavailability of the parent for telephone contact or informal conference shall not impede the removal process. In this case, the student maintains the right to an informal conference.
The Principal or the designee may overturn the removal of the student from class if the Principal, supervisor, or designee finds any one of the following:
The charges against the student are not supported by substantial evidence.
The student’s removal is otherwise in violation of law.
The conduct warrants in-school detention and that penalty is imposed by the administrator in charge.
The conduct warrants suspension from school pursuant to Education Law 3214 and a suspension will be imposed.
The removal is inconsistent with the Code of Conduct.
The Principal or their designee must make a determination as to whether to overturn the removal before the close of business on the day after the day of the informal hearing. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the principal, supervisor, or designee makes a final determination, or the period of removal expires, whichever is less. At the teacher's discretion, they may rescind the removal prior to the expiration of the full period of removal.
Any disruptive student removed from the classroom by the classroom teacher shall be offered continued behavioral and/or educational programming and activities until they are permitted to return to the classroom. As soon as possible, but no later than the beginning of the next school day, the removing teacher must provide a guide for instruction and appropriate instructional materials for the student.
Nothing in this section of the Code of Conduct abridges the customary right or responsibility of a Principal to suspend a student. Further, nothing in this code abridges the customary right and responsibility of a teacher to manage student behavior in the classroom.
The Superintendent or Principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.
IX. SUSPENSION PROCEDURES, MINIMUM SUSPENSION PERIODS, AND REFERRALS
In the event of a student’s suspension prior to or concurrent with snow days or other emergency days, the student’s suspension will resume on the first school day immediately following the snow day or other emergency day.
1. Short-term (five days or less) Suspension from School
When the Superintendent or Principal (referred to as the “suspending authority”) propose to suspend a student charged with misconduct for five days or less pursuant to Education Law §3214(3), the suspending authority must immediately notify the student orally. If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents/persons in parental relation in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address for the parents/ guardians. Where possible, notice should also be provided by telephone if Cazenovia Central School District has been provided with a telephone number(s) for the purpose of contacting the parents/ guardians.
The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parent/person in parental relation of the right to request an immediate informal conference with the Principal. Both the notice and the informal conference shall be in the dominant language or mode of communication used by the parents/persons in parental relation. At the conference, the parents/persons in parental relation shall be permitted to ask questions of the complaining witnesses under such procedures as the Principal may establish.
The notice and opportunity for an informal conference shall take place before the student is suspended unless the student’s presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student’s presence does pose such a danger or threat of disruption, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practical.
After the conference, the Principal shall promptly advise the parents/persons in parental relation in writing of his or her decision.
2. Long-term (more than five days) Suspension from School
When the Superintendent or Building Principal determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student’s parents/persons in parental relation of their right to a fair hearing. At the hearing, the student shall have the right to be represented by counsel, the right to question witnesses against him or her, and the right to present witnesses and other evidence on his or her behalf.
The Superintendent shall personally hear and determine the proceeding or may, at his or her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to administer oaths, and to issue subpoenas in conjunction with the proceeding before him or her. A record of the hearing shall be maintained, but
no stenographic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations, as to the appropriate measure of discipline to the Superintendent. The report of the hearing officer shall be advisory only, and the Superintendent may accept all or any part thereof.
The decision of the Superintendent regarding the long-term suspension may be appealed to the Board of Education, which will make its decision based solely upon the record before it. All appeals to the Board must be in writing, specifying the reason for the appeal, and submitted to the District Clerk within thirty (30) business days of the date of the Superintendent’s decision.
There will be no personal appearances before the Board; the appeal will be considered solely in writing. The Board will not convene to consider and decided an appeal unless the full record of the appeal has been compiled and provided to the Board, and at least ten (10) business days remain before the next scheduled Board of Education meeting. If the written appeal is not received and the appeal record has not been compiled in full and provided to the Board at least ten (10) business days before the next scheduled Board meeting, then the appeal will not be considered and decided at that meeting. It will instead be considered at a later regularly scheduled Board meeting.
The Board may adopt in whole or in part the decision of the Superintendent. Final decisions of the Board may be appealed to the Commissioner of Education within thirty (30) days of the decision.
3. Permanent Suspension (Expulsion)
Permanent suspension is reserved for extraordinary circumstances such as where a student’s conduct poses extreme danger to the safety and well-being of other students, Cazenovia Central School District personnel, or any other person lawfully on Cazenovia Central School District property or attending a Cazenovia Central School District function; or severely disrupts/undermines the educational programs of the District.
Alternative Instruction
When a student of any age is removed from class by a teacher, or a student of compulsory attendance age is suspended from school pursuant to Education Law § 3214, Cazenovia Central School District will take immediate steps to provide alternative means of instruction for the student. In addition, alternative instruction will be made available to any student over the compulsory attendance age who presents a sincere desire to complete his/her high school education.
Minimum Suspension Periods
Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interferes with the teacher’s authority over the classroom:
Any student, other than a student with a disability, who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom will be suspended from school for at least five days. For purposes of this code of conduct, “repeatedly is substantially disruptive” means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law §3214(3-a) and this code on four or more occasions during a semester. If the proposed penalty is the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for an informal conference given to all students subject to a short- term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.
Students who bring a weapon to school:
Any student, other than a student with a disability, found guilty of bringing a weapon onto school property will be subject to suspension from school for at least one calendar year. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law §3214. The superintendent has the authority to modify the one-year suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the following:
The student’s age.
The student’s grade in school.
The student’s prior disciplinary record.
The superintendent’s belief that other forms of discipline may be more effective.
Input from parents, teachers and/or others.
Other extenuating circumstances.
A student with a disability may be suspended only in accordance with the requirements of state and federal law.
Students who commit violent acts other than bringing a weapon to school:
Any student, other than a student with a disability, who is found to have committed a violent act, other than bringing a weapon onto school property, shall be subject to suspension from school for at least five days. If the proposed penalty is the minimum five- day suspension, the student and the student’s parents will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student’s parents will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.
Referrals
1. Counseling/Other Support Agencies
When any student need is beyond the scope of the District’s resources, a referral to appropriate human service agencies will be made. The Guidance Office shall handle all referrals of students to counseling and other appropriate human services agencies, as needed.
2. PINS Petitions
The district may file a PINS (person in need of supervision) petition in Family Court on any student under the age of 18 who demonstrates that he or she requires supervision and treatment by:
a. Being habitually truant and not attending school as required by the State Education Law.
b. Engaging in an ongoing or continual course of conduct, which makes the student ungovernable or habitually disobedient, and beyond the lawful control of the school.
3. Juvenile Delinquents and Juvenile Offenders
The superintendent is required to refer the following students to the County Attorney for a juvenile delinquency proceeding before the Family Court:
Any student under the age of 16 who is found to have brought a weapon to school, or
Any student 14 or 15 years old who qualifies for juvenile offender status under the State Criminal Procedure Law.
The Superintendent is required to refer students age 16 and older or any student 14 or 15 years old who qualifies for juvenile offender status to the appropriate law enforcement authorities.
X. DISCIPLINE OF STUDENTS WITH DISABILITIES
The Board of Education recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities are allowed certain procedural protections whenever Cazenovia Central School District authorities intend to impose discipline upon them. The Board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations.
This Code of Conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations (I.D.E.A. (Individuals with Disability Equity Act) and New York State Education Law).
XI. CORPORAL PUNISHMENT “Acceptable Use of Physical Force”
Corporal punishment is any act of physical force upon a student for the purpose of punishing that student. Corporal punishment of any student by any district employee is strictly forbidden.
However, in situations where alternative procedures and methods that do not involve the use of physical force cannot reasonably be used, reasonable physical force may be used by a District employee to:
Protect oneself, another student, teacher, or any person from physical injury.
Restrain or remove a student whose behavior interferes with the orderly exercise and performance of Cazenovia Central School District functions, powers, and duties, if that student has refused to refrain from further disruptive acts.
The district will file all complaints about the use of corporal punishment with the Commissioner of Education in accordance with commissioner's regulations.
XII. VISITORS TO THE SCHOOL
Parents/guardians and other district citizens are encouraged to visit the District’s schools. Since schools are places of work and learning, however, certain limits must be set for such visits. For these reasons, the following rules apply to visitors to the schools:
Anyone who is not a regular staff member or student of the school is considered a “visitor”.
Except for those who are attending public gatherings or meetings after school hours, visitors must sign in at the main entrance and obtain a visitor’s pass.
Parents/guardians or citizens, who wish to observe a classroom while school is in session, are required to arrange such visits in advance with the classroom teacher(s), so that class disruption is kept to a minimum and to abide by applicable Board policy and administrative regulation regarding visitors to school.
All visitors are expected to abide by the rules for public conduct on school property contained in Board of Education Policy.
The administration has authority to determine whether the visitor has an appropriate reason for being in the building. If the visitor is judged by the administrator not to have an appropriate reason, the visitor will be asked to leave. If the situation warrants the police may be called.
XIII. PUBLIC CONDUCT ON SCHOOL PROPERTY
The District is committed to providing an orderly, respectful environment that is conducive to learning. To create and maintain this kind of an environment, it is necessary to establish rules for public conduct on school property and at school functions. Such rules, as well as consequences for violation of such rules, are contained in this code, as well as Board of Education Policy.
XIV. PUBLICATION, DISTRIBUTION AND REVIEW
The Board of Education will review this Code of Conduct every year and update it as necessary. In conducting the review, the Board will consider how effective the Code’s provisions have been and whether the code has been applied fairly and consistently.
Each year the district will provide digital copies of the code, or a summary of the code, to all students at the beginning of the school year. Hard copies will be available upon request.
The District will provide in-service education programs for all District staff members to ensure the effective implementation of this Code, to promote a safe and supportive school climate while discouraging, among other things, discrimination and harassment against students by students and/or school employees and to include safe and supportive school climate concepts in the curriculum and classroom management. The Superintendent may solicit the recommendations of the District staff, particularly teachers and administrators, regarding in-service programs pertaining to the management and discipline of students.
The following are suggested programs that may be utilized for in-service education for all staff members to ensure effective implementation of this Code: (1) School-oriented programs developed at the district and building level; (2) Superintendent's workshop days; and (3) faculty meetings.