This policy of nondiscrimination includes access by students to educational programs, counseling services for students, course offerings, and student activities, as well as recruitment and appointment of employees and employment pay, benefits, advancement, and/or terminations.

Additionally, to promote the District website’s accessibility to staff, students, and members of the community with disabilities, the District will maintain a website that is accessible (or contains accessible alternatives) on permeability, operability, and understandability principles. The District’s Director of Instructional Technology is responsible for considering the following when developing or updating the District website:

• Adding the text equivalent to every image;

• Posting documents in a text-based format such as HTML or RTF in addition to PDFs; Incorporating tools on the District website that will let users translate PDFs to accessible formats;

• Avoiding dictating colors and font settings;

• Including audio descriptions and captions to videos for official Board meetings and by being responsive to special requests;

• Identifying other barriers to access; and

• Being responsive to making other considerations and special requests when developing the District’s website.

The Board, its officers, and employees shall not discriminate against students on the basis of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression).

A finding that an individual has engaged in conduct in violation of this policy may result in disciplinary action and/or filing of a report with third parties in the manner prescribed by the District code of conduct, the law, or applicable contract.

Nothing in this policy shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction or activity based on a person’s gender that would be permissible under the law, or to prohibit, as discrimination based on disability, actions that would be permissible under the law.

ANNUAL NOTIFICATION

At the beginning of each school year, the District shall publish a notice of the established grievance procedures for resolving complaints of discrimination to parents/guardians, employees, students, and the community. The public notice shall: 

1. Inform parents, employees, students, and the community that education programs, including but not limited to vocational programs, are offered without regard to actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex sexual orientation, or gender (including gender identity and expression);

2. Provide the name, address, and telephone number of the person designated to coordinate activities concerning discrimination; and

3. Be included in announcements, bulletins, catalogues, and applications made available by the District.

The Assistant Superintendent for Special Education and Student Services has been designated to handle inquiries regarding the District’s non-discrimination policies pertaining to students. The Assistant Superintendent for Human Resources and Leadership Development has been designated to handle inquiries regarding the District’s non-discrimination policies pertaining to staff. Contact information for the Assistant Superintendent for Special Education and Student Services, and the Assistant Superintendent for Human Resources and Leadership Development is available on the District’s website. Complaints of sexual harassment or discrimination are covered by Policy 0110.

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

The Board authorizes the Superintendent of Schools to establish such rules, regulations, and procedures necessary to implement and maintain this policy.

Board of Education Policies,  Section: Policies 0000 - Mission Statement and Board Governance 

Adopted January 11, 2021, last revised April 9, 2019 

Employees are required to report sexual harassment involving a student pursuant to Policy 5020.5 and are urged to report sexual harassment to or by a fellow employee, visitor, or third party by filing a complaint internally with the District. Employees can also file a complaint with a government agency or in court under federal, state or local anti-discrimination laws.

While this policy specifically addresses sexual harassment, other types of discrimination and harassment are also against the law, and also against District policy. This includes harassment or discrimination on the basis of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, marital status, domestic violence victim status, gender identity, criminal history, and all other categories protected by law. These types of discrimination and harassment are just as unlawful, and just as much against District Policy, as sexual harassment. Please be aware that sexual harassment may include harassment based on sexual orientation and gender identity or expression. Please refer to our general Equal Employment Opportunity Policy (#9010) for details.

This policy addresses the sexual harassment of employees. The harassment of students is also just as unlawful, and just as much against District policy. Please refer to the District Policy #5020.5 on that subject.

Policy

1. This policy applies to all employees, applicants for employment, interns (whether paid or unpaid), contractors, and other persons conducting business with our personnel or on our premises. It applies to all these categories, regardless of immigration status, and regardless of status as full-time or part-time, regular or temporary. In the remainder of this policy, the term “employee” refers to all these categories, to the broadest degree that makes sense in the context.

2. Sexual harassment will not be tolerated. Any employee who engages in sexual harassment or in the type of retaliation described below will be subject to remedial and/or disciplinary action (e.g., counseling, suspension, termination). This policy prohibits not only misconduct that is against the law, but also other inappropriate, offensive, and unprofessional behavior that makes others uncomfortable because of sex.

3. Prohibition of Retaliation: No employee covered by this policy shall be subject to adverse action because he or she reports in good faith an incident of possible sexual harassment, or because he or she provides information or otherwise assists in any investigation of a sexual harassment complaint. Any employee of the District who commits such retaliation will be subjected to disciplinary action, up to and including termination. All employees who believe they have been subject to such retaliation should inform a supervisor, manager, or Human Resources. All employees who believe they have been a target of such retaliation may also seek legal relief, as explained below in the section on Legal Protections.

4. Whenever management receives a complaint about sexual harassment or otherwise learns that sexual harassment may be occurring, the District will conduct a prompt and thorough investigation that is fair to all parties. The District will keep the investigation confidential to the extent consistent with a thorough investigation and remedial measures. Effective corrective action will be taken whenever sexual harassment is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment.

5. All employees are encouraged to report any conduct that violates this policy. The District will provide a complaint form that can be used to report suspected harassment and file complaints.

6. Managers and supervisors are required to report any complaint that they receive or any harassment that they observe or become aware of, to the Title IX Coordinator and Human Resources.

7. This policy will be provided to all employees and will be posted prominently in all work locations to the extent practicable.

What Is “Sexual Harassment”?

Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.

A. Sexual Harassment under Title IX

Sexual harassment occurs when at least one of the following conditions exist:

1. An employee of the district conditions the provision of an aid, benefit or service on an individual’s participation in unwelcome sexual conduct;

2. Unwelcome conduct which a reasonable person would determine to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the district’s educational program or activity; and/or

3. Sexual assault, dating violence, domestic violence, and stalking as defined under federal law (i.e. Clery Act and Violence Against Women Act).

Title IX applies when the District:

1. Exercises substantial control over both the respondent (i.e. the person accused of sexual harassment) and the context (e.g. the school setting, a school field trip or an off campus school event) in which the sexual harassment occurred; and

2. At the time of the alleged sexual harassment, the complainant (i.e. the alleged victim of sexual harassment) must be (a) in the United States, and (b) trying to access the District’s educational program or activity.

Only when a formal complaint is filed pursuant to Title IX and when those matters fit the definition and jurisdiction of sexual harassment pursuant to Title IX will be addressed by the specific Title IX grievance procedures.

The Title IX Coordinator may be reached at:

Andrew Patrick

2 Brewster Road, Scarsdale, NY 10583

914-721-2417

apatrick@scarsdaleschools.org

The District shall post on its website and provide to new registrants, students, parents/legal guardian, job applicants for employment, and employees the District’s Sexual Harassment policy and procedures, including the contact information for the District’s Title IX Coordinator(s). The contact information shall include the Title IX Coordinator(s) Name and Title, office address, email address, telephone number.

The District does not discriminate on the basis of sex in the education program or activity (including students and employment) that it operates and that it is required pursuant to Title IX and its regulations to not discriminate on the basis of sex. Any inquiries can be made to the Title IX Coordinator and/or the Assistant Secretary of the United States Department of Education.

   B. Sexual Harassment under other laws (Definition 2)

Sexual harassment includes unwelcome conduct that is of a sexual nature, or that is directed at an individual because of that individual’s sex, when:

• The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the conduct;

• The conduct is made either explicitly or implicitly a term or condition of employment; or Submission to or rejection of the conduct is used as the basis for decisions affecting an individual’s employment.

A sexually harassing hostile work environment can be created by words, signs, jokes, pranks, intimidation, or physical violence. Sexual harassment can also consist of unwanted verbal or physical advances or derogatory statements.

Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.

Any employee who feels harassed should report it, so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy, even if it does not rise to the level where it violates particular laws. No employee should be made to feel uncomfortable at work because of his or her sex or sexuality.

Examples of Sexual Harassment

The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited under this policy:

• Unwanted physical acts of a sexual nature, such as:

  • • Touching, pinching, patting, kissing, hugging, grabbing, poking, or brushing against an employee’s body;

    • Rape, sexual battery, molestation, actual or attempted.

• Unwanted sexual advances or propositions, such as:

  • • Requests for sexual favors accompanied by implied or overt threats concerning the target’s employment or job-related benefits or detriments;

    • Subtle or obvious pressure for unwelcome sexual activities.

• Sexually-oriented gestures, noises, remarks or jokes, or comments about a person’s sexuality or sexual experience.

• Sex stereotyping, which occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.

• Sexual or discriminatory displays or publications anywhere in the workplace, such as displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes displays on computers or cell phones.

• Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity and the status of being transgender, such as:

  • • Interfering with, destroying or damaging a person’s work station, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;

    • Sabotaging an individual’s work;

    • Bullying, yelling, or name-calling.

It makes no difference if the harassment is “just joking” or “teasing” or “playful.” Jokes may be just as offensive as any other type of harassment, and will be dealt with in the same manner.

Harassment by peers is just as strictly prohibited as harassment by supervisors. No employee may take any action that creates a sexually offensive environment for any other employee.

Who can be a target of sexual harassment (Title IX or Definition 2)?

Sexual harassment can occur between any individuals, regardless of their sex or gender. New York law protects employees, paid or unpaid interns, and non-employees such as independent contractors and those employed by companies contracting to provide services in the workplace. Harassers can be a superior, a subordinate, a coworker or anyone else in the workplace, including independent contractors, vendors, clients, temps, customers, or visitors.

Where and when can sexual harassment (Definition 2) occur?

Sexual harassment in violation of this policy is not limited to the physical workplace. It can occur while employees are traveling for business or at employer-sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices, or during non-work hours.

Retaliation

Retaliation in violation of this policy can be any action that could discourage someone from coming forward to make or support a sexual harassment claim, or that can be reasonably interpreted as punishing someone for having done so. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation. For example, retaliation can take the form of a threat of physical violence outside of work hours.

Retaliation as described above is not only against District policy; it is also unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:

• Made a complaint of sexual harassment, either internally or with any anti-discrimination agency; testified or assisted in an investigation or hearing under the Human Rights Law or other anti-discrimination law;

• Opposed sexual harassment by making a complaint to management, or by simply

• Informing a supervisor or manager of harassment; reported that another employee

• Has been sexually harassed; or

• Encouraged a fellow employee to report harassment.

Even if the alleged harassment does not turn out to rise to the level of a violation of law, an individual is protected from retaliation if there was a good faith belief that harassment occurred.

Reporting Sexual Harassment

Preventing sexual harassment is everyone’s responsibility. The District cannot prevent or remedy sexual harassment unless it knows about it. Anyone who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior to a supervisor, manager, Human Resources, or the Title IX Coordinator.. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to a supervisor, manager, Human Resources, or the Title IX Coordinator. If you believe that a supervisor or manager violated this policy, then your complaint should go to a higher-level manager, Human Resources, or the Title IX Coordinator. The supervisor, manager, or Human Resources officer is responsible to share the complaint with the Title IX Coordinator to confirm the proper procedure is followed.

Reports of sexual harassment may be made orally or in writing. A form for submission of a written complaint is attached to this policy. All employees are encouraged, though not required, to use this complaint form. Employees who are reporting sexual harassment on behalf of other employees should note on the complaint form that it is submitted on another employee’s behalf.

Employees who believe they have been a target of sexual harassment may also seek assistance in other available forums, as explained below in the section on Legal Protections.

The availability of this reporting procedure does not preclude individuals who believe they are being harassed from directly telling the offender that his or her behavior is unwelcome and should be stopped. If you feel comfortable trying this, it may in some circumstances remedy the situation immediately.

Supervisory Responsibilities

All supervisors and managers who receive a complaint or information about suspected sexual harassment, who observe what they believe may be sexually harassing behavior, or who for any other reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to Human Resources and the Title IX Coordinator.

In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise allowing sexual harassment to continue.

Supervisors and managers will also be subject to discipline for engaging in any retaliation.

Investigations and procedures for sexual harassment under Definition 2 and when no formal complaint is filed under Title IX

All complaints or information about sexual harassment will be investigated, whether that information was reported orally or in writing. Investigations will be conducted in a timely manner and will be confidential to the extent consistent with a thorough investigation and remedial measures.

An investigation of any complaint, information or knowledge of suspected sexual harassment will be commenced and completed as soon as possible. All persons involved, including complainants, witnesses and alleged harassers will be treated fairly. Investigations will be thorough and impartial. No decisions will be made about whether harassment occurred, or about what corrective actions should be taken, until all the relevant facts have been investigated, and all parties have had the opportunity to relate their version of disputed events and to present any evidence they may have.

Any employee may be required to cooperate as needed in an investigation of suspected sexual harassment. The District will not tolerate retaliation against employees who in good faith file complaints, support another’s complaint, or participate in an investigation regarding a violation of this policy.

While the process may vary from case to case, investigations will ordinarily be done in accordance with the following steps:

• Human Resources will conduct an immediate review of the allegations, and take any interim actions that may be necessary to protect all employees pending the investigation’s completion. For example, this may include instructing an accused harasser to refrain from communications with the complainant. If the complaint is oral, the individual will be encouraged to supply the information requested on the Complaint Form.

• If documents, emails or phone records are relevant to the investigation, steps will be taken to obtain and preserve them.

• All relevant documents, including all electronic communications, will be gathered and reviewed.

• All parties involved will be interviewed, including any relevant witnesses to disputed issues.

• Written documentation of the investigation (such as a letter, memo or email) will contain the following when relevant:

  • • A list of all documents reviewed, along with a detailed summary of relevant documents; A list of the names of those interviewed, along with a detailed summary of their statements;

    • A timeline of events;

    • A summary of prior relevant incidents reported or unreported; and

    • The basis for the decision and final resolution of the complaint, together with any corrective action(s).

• Written documentation will be kept in a secure and confidential location.

• If the investigation concludes that harassment has occurred, then corrective action will be proportionate to the offense and sufficiently serious to ensure that the misconduct stops and does not recur. In some cases, the corrective action may also be aimed at deterring others from committing similar misconduct. Corrective action may include separation of employees from each other, an apology, sensitivity training, demotion, suspension, or termination of employment. Repeat offenses will generally be treated more harshly than first-time offenses, though immediate discharge may be an appropriate action for a serious first-time offense.

• The individual who reported the problem and the individual(s) about whom the complaint was made will be notified of the final determination and of the imposition of any corrective actions identified in the written document.

• Follow-up interviews may be conducted as appropriate to ensure that the corrective action has worked and that the problem has not recurred.

TITLE IX GRIEVANCE PROCEDURES

Title IX Coordinator Intake

Upon receipt of a complaint of sexual harassment, the Title IX Coordinator must meet with the alleged victim/complainant regarding the following:

(1) To explain supportive measures and to arrange for the provision of such measures;

(2) Explain the District’s Title IX grievance procedure; and

(3) Explain the options the complainant may have and how to file a formal Title IX complaint. The Title IX Coordinator must document, among other things, how the three topics above were addressed. 

The Grievance Process when a Formal Complaint is filed under Title IX

If the complaint contains evidence or allegations of serious or extreme misconduct, including possible criminal activity, the Title IX Coordinator together with the Superintendent will consult with legal counsel and promptly determine whether to contact appropriate child protection and/or law enforcement authorities. The Superintendent may, where circumstances dictate, suspend or remove from the school grounds the accused individual pending the outcome of the investigation, consistent with all contractual or statutory requirements.

If the alleged victim decides to file a formal Title IX complaint, the District will follow the process below:

1. The District shall provide written:

a. Notice of the allegations;

b. The requirements of the informal resolution process, including that: (i) once an agreement is made the parties may not resume the formal complaint process, and (ii) anytime prior to an agreement either party may withdraw from the informal process and resume the formal process.

c. Any consequences resulting from participating in the informal resolution process, including records that will be maintained or shared.

d. Each party must provide voluntary, written consent to participate in the informal resolution process.

e. The informal resolution process may occur any time prior to reaching a determination of responsibility.

f. The informal resolution process may not be used for complaints of employee wrongdoing towards a student under Title IX.

g. Each party has the right to an advisor of his or her choice throughout the Title IX grievance process.

2. The Title IX Investigator shall provide written notice to each party of the investigation process, including:

a. Written notice before an interview or request for evidence from a party or witness.

b. Providing the same opportunities for both parties to produce evidence and to provide witnesses.

c. Investigator is obligated to gather evidence directly related to the allegations, including exculpatory evidence.

d. All evidence produced and interview notes are then assembled and presented to both parties and their advisors.

e. Each party and his or her advisor have 10 days to inspect and review the investigation documents. Each party may produce a written document to comment on the relevancy of the evidence or interviews.

f. The investigator has 10 days after receipt of the relevancy summary of the parties to produce an investigation report. Documented in the report should be the relevance each party gives to the various evidence/interviews.

g. The investigation report does not reach a conclusion/determination of responsibility.

h. The investigation report is presented to each party and his or her advisor. 

3. During the investigation phase if one of the following three situations arise, the district must withdraw the formal complaint:

a. The incident did not occur during an education program or activity;

b. Conduct does not meet the definition of sexual harassment under Title IX; or

c. The conduct occurred outside the jurisdiction of Title IX. 

4. If a mandatory dismissal occurs, either party will be provided an appeal of the formal complaint dismissal.

5. The Title IX Coordinator may forward any allegation of inappropriate conduct that is withdrawn from the Title IX process to the Building Principal or Supervisor to be addressed under the Code of Conduct, the sexual harassment process in Section B, or the employee policy 0110 regarding employee sexual harassment.

6. No sooner than 10 days after distribution of the Investigation report (and the case has not been dismissed) the Decision Maker shall reach out in writing to the parties to explain the question and answer process that he or she will utilize to make a determination regarding responsibility.

a. The Decision Maker must afford each party the opportunity to submit written, relevant questions that the party wants asked of any party or witness. The Decision-Maker shall provide each party with the answers in writing, and allow for additional, limited follow-up.

b. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless offered to prove that someone other than the respondent committed the alleged conduct or if offered to prove past consent with respondent.

c. The Decision Maker must explain to the party proposing the questions any decision to exclude a question as not relevant.

d. After completing the question and answer process, the Decision Maker must:

(i) Issue a written determination of responsibility applying the preponderance of the evidence standard.

(ii) The written determination must include:

a. Allegations potentially constituting sexual harassment;

b. A description of the procedural steps taken from receipt of the formal complaint through determinations (including notifications, interviews with parties and witnesses, site visits, methods used to gather evidence, and questions and answer process used)

(iii) Findings of fact supporting the determination;

(iv) Conclusions regarding the application of the Policy to the facts

(v) A statement of, and rationale for, the result as to each allegation, including a determination of responsibility; any disciplinary sanction imposed on the respondent, and whether any remedies designed to restore or preserve equal access to the District’s educational program or activity will be provided to the complainant.

(vi) The procedures and permissible basis for the complainant or respondent to appeal.

The written determination shall be provided simultaneously to the parties. The Title IX Coordinator is responsible for the effective implementation of any remedies.

7. A determination or responsibility or a mandatory dismissal may be appealed for one of the following reasons:

a. Procedural irregularity that affected the outcome of the matter.

b. New evidence that was not reasonably available at the time the determination was made, that could affect the outcome of the matter; and

c. The Title IX Coordinator, Investigation, or Decision Maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

8. If an appeal is filed the following process shall be followed:

a. Written notification from the District to the other party informing the party that an appeal has been filed and that appeal procedures will be implemented equally for both parties.

b. Ensure decision maker for the appeal is not the same as the Decision Maker for responsibility of dismissal; Title IX Coordinator or investigator.

c. Ensure the Decision Maker does not have a conflict of interest or bias for or against the complainant or respondent generally or the individual complainant or respondent that affected the outcome of the matter.

d. Give both parties reasonable, equal opportunity to submit a written statement in support of or challenge the outcome.

e. Issue a decision describing the result of the appeal and the rationale for the result.

f. Provide the written decision simultaneously to both parties.

9. When a determination is made by the initial Decision Maker, regardless of whether an appeal is filed, the matter shall be addressed for a student Respondent under a 3214 hearing or the Code of Conduct, and for an employee Respondent under 3020-a, Section, 75, or similar procedures, as applicable.

Legal Protections and External Remedies

Sexual harassment is not only prohibited by the District; it is also prohibited by state, federal, and, where applicable, local law.

Aside from the internal process at the District, employees may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.

In addition to those outlined below, employees in certain industries may have additional legal protections.

We hope that you will first try our internal complaint procedure before turning to outside legal remedies. We are confident that our investigation and corrective action process will remedy all situations promptly, fairly, and effectively. However, no one will be retaliated against for using these legal remedies or for contacting a lawyer or any of the government agencies listed below.

New York State Human Rights Law (HRL)

The New York Human Rights Law (HRL) applies to all employers in New York State and protects employees, paid or unpaid interns, and non-employees, regardless of immigration status. A complaint alleging a violation of the Human Rights Law may be filed either with the New York State Division of Human Rights (DHR) or in New York State Supreme Court.

Complaints with DHR are subject to a one-year statute of limitations. Lawsuits in state court under the HRL are subject to a three-year statute of limitations. An individual may not file with DHR if they have already filed a HRL complaint in state court.

You do not need to hire an attorney or pay a fee to file a complaint with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer and/or the harasser(s) to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorneys’ fees and civil fines.

If sexual harassment is found to have occurred, not only can the District be sued; so can the individual harasser(s).

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or (888) 392-3644, or visit www.dhr.ny.gov. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State.

Civil Rights Act of 1964

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act, which prohibits sexual harassment (as well as several other forms of discrimination and harassment). Charges of harassment may be filed with the EEOC subject to a 300-day statute of limitations. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a “Right to Sue” letter permitting the individual to file a complaint in federal court.

The EEOC does not hold hearings or award relief but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

An employee alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. The EEOC can be contacted by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov, or via email at info@eeoc.gov.

If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.

Local Law

Many localities enforce laws protecting individuals from sexual harassment and discrimination. The Westchester Human Rights Commission is located at 112 East Post Rd., 3rd Floor, White Plains, New York 10601, or at (914) 995-7710. Its website is https://humanrights.westchestergov.com.

Police Department

If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. You may contact the local police department.

Ref: Policy #5020.5 Student Sexual Harassment

Title VII, Civil Rights Act of 1964, as amended by the Equal

Employment Opportunity Act of 1972 Executive Order 11246, as amended by E.O. 11375

Equal Pay Act, as amended by the Education Amendments of 1972 New York State Constitution Article I §11

SEXUAL HARASSMENT

COMPLAINT FORM

If you believe that you have been subjected to sexual harassment, or believe that someone else has been subjected to sexual harassment, you are encouraged to complete this form and submit it to Human Resources. You will not be retaliated against for filing a complaint in good faith.

Use of this form is not mandatory. If you prefer, you can make your complaint orally, or in some other format.

COMPLAINANT INFORMATION

Name:

Work Address:

Work Phone:

Job Title: Email:

Select Preferred Communication Method:         ☐Email        ☐Phone       ☐In person 

SUPERVISORY INFORMATION

Immediate Supervisor’s Name:

Title:

Work Phone:

Work Address:

COMPLAINT INFORMATION

1. Your complaint of Sexual Harassment is made about:

Name(s):

Title:

Work Address:

Work Phone:

Relationship to you: ☐Supervisor    ☐Subordinate    ☐Co-Worker    ☐Other

2. Please describe what happened and how it is affecting you and your work, or another employee. Please use additional sheets of paper if necessary and attach any relevant documents or evidence.

3. Date(s) sexual harassment occurred:

Is the sexual harassment continuing?          ☐Yes    ☐No

4. Please list the name and contact information of any witnesses or individuals who may have information related to your complaint:

5. Have you previously complained or provided information (verbal or written) about related incidents? If yes, when and to whom did you complain or provide information, and what was the resolution?

Signature: ______________________________ Date: __________

Complaint received by: _____________________ Date: __________

Board of Education Policies 0000 - Mission Statement and Board Governance 

Adopted November 16, 2020, last reviewed November 5, 2018

Because harassment can originate from an individual of either sex against a person of the opposite or same sex, and from students, employees, or other third parties associated with the school (Board members, school volunteers, vendors, or visitors), these regulations will apply to all complaints of the sexual harassment of students.

While this policy specifically addresses sexual harassment, other types of discrimination and harassment are also against the law, and also against District policy. For District policy on other types of discrimination and harassment against students, see Policy #5020 (Equal Educational Opportunities) and Policy #5300 (Code of Conduct). For District policies on discrimination and harassment against employees, see Policy #0110.

Section 2: Sexual Harassment Definitions used by the District

In compliance with federal (Title IX) and State (Human Rights Law) the District utilizes two definitions of sexual harassment. Based upon the definition of sexual harassment, such conduct or communication may be addressed under the procedure that corresponds to the definition as outlined in this policy.

A. Title IX Sexual Harassment (Title IX)

Sexual harassment occurs when at least one of the following conditions exist:

1. An employee of the district conditions the provision of aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;

2. Unwelcome conduct which a reasonable person would determine to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the district’s educational program or activity; and/or

3. Sexual assault, dating violence, domestic violence, and stalking as defined under federal law (i.e. Clery Act and Violence Against Women Act).

Only those matters that may fit the definition of sexual harassment pursuant to Title IX will be addressed by the Title IX procedures.

B. Definition of Sexual Harassment Under Other Laws (Definition 2)

The District believes that Sexual harassment may also exist in a broader manner. Accordingly, sexual harassment is also a form of misconduct that undermines the integrity of the learning environment. Sexual harassment is demeaning and degrading. It affects a student’s self-esteem and can have a negative impact on performance in class. It can make a student feel angry, powerless, and fearful.

Sexual harassment means unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or other non-verbal, verbal or physical conduct or communication of a sexual nature when:

1. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of a student's education, including any aspect of the student's participation in school-sponsored activities, or any other aspect of the student's education; or

2. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting a student's education; or

3. The conduct or communication is sufficiently severe, pervasive, or objectively offensive that it interferes with a student's academic performance or participation in school-sponsored activities; i.e. creates an intimidating, hostile, or offensive educational environment.

Matters that do not fit the definition of sexual harassment pursuant to Title IX, but either meet the second definition of sexual harassment or DASA will be addressed using the proper procedure.

Section 3: When Does Each Definition Apply and Unacceptable Conduct

A. Title IX applies when the District:

1. Exercises substantial control over both the respondent (i.e. the person accused of sexual harassment) and the context (e.g. the school setting, a school field trip, or an off-campus school event) in which the sexual harassment occurred; and

2. At the time of the alleged sexual harassment, the complainant (i.e. the alleged victim of sexual harassment) must be (a) in the United States, and (b) trying to access the District’s educational program or activity.

B. Conduct occurring or arising on school grounds or at school-sponsored activities is considered unacceptable by the District. When such conduct is unwelcome by the recipient of the conduct, it could be unlawful as well as a violation of District policy. For purposes of these regulations, conduct shall be considered "unwelcome" if the student did not request or invite it and regarded the conduct as undesirable or offensive.

C. Each case of sexual harassment is fact-specific. The following is a list of unacceptable conduct that may be addressed by either Title IX or the District’s additional definition:

1. Rape, attempted rape, sexual assault, attempted sexual assault, forcible sexual abuse, hazing, and other sexual and gender-based activity of a criminal nature as defined under the Penal Law of the State of New York and/or federal law;

2. Sexual invitations or requests for sexual activity in exchange for grades, promotions, preferences, favors, selection for extracurricular activities, homework, etc.;

3. Offensive public sexual display of affection, including kissing, “making out,” groping, fondling, petting, inappropriate touching of one's self or others, sexually suggestive dancing, massages, and “grinding” up against another person;

4. Any homophobic-based behavior that is offensive, degrading, intimidating, demeaning, or that is based on real or perceived sexual orientation; sexual stereotypes and attitudes;

5. Any communication that is sexually suggestive, sexually degrading or implies sexual motives or intentions, such as sexual remarks or innuendoes about an individual's clothing, appearance or activities; sexual jokes; sexual gestures; public conversations about sexual activities or exploits, sexual rumors and "ratings lists"; howling, catcalls, and whistles; or sexually graphic computer files, messages or games;

6. Physical contact or closeness that is sexually suggestive, sexually degrading, or sexually intimidating such as the touching of another's body parts, cornering or blocking an individual, standing too close, spanking, pinching, following, stalking, or frontal body hugs;

7. Sexually offensive physical pranks or touching of an individual's clothing, such as hazing and initiation rites, streaking, mooning, “wedgies” (pulling underwear up at the waist so it goes in between the buttocks), bra-snapping, skirt flip-ups, “spiking” (pulling down someone's pants or swimming suit); pinching or placing hands inside an individual's pants, shirt, blouse, or dress;

8. Leers, stares, gestures, or slang that are sexually suggestive; sexually degrading or imply sexual motives or intentions;

9. Clothing with sexually obscene or sexually explicit slogans or messages;

10. Offensive skits, assemblies, and productions that are sexually suggestive, sexually degrading, or that imply sexual motives or intentions, or that are based on sexual stereotypes, sexual orientation, or gender identity;

11. Written or pictorial display or distribution of pornographic or other sexually explicit materials such as magazines, videos, films, or Internet material.

Section 4: Employee Responsibility to Report

A. Any employee having knowledge of conduct by another employee, volunteer, student, or individual in the school community which may constitute sexual harassment under either definition of students is required to immediately report such conduct to the building principal or the District’s Title IX coordinator. Individuals who fail to report instances promptly may face disciplinary action, up to and including suspension, probation, or termination.

B. All employees shall cooperate with any investigation of an alleged act of sexual harassment conducted by the District or by an appropriate local, state or federal agency. No employee shall take any action to discourage a victim of harassment from reporting such an instance.

Section 5: Reporting Complaints

Any student (or parent or guardian of such student) who believes he or she has been the victim of sexual harassment, by a student, District employee or third party should report the incident to appropriate school personnel as set forth below as soon as possible after the incident in order to enable the District to effectively investigate and resolve the complaint. A student, parent, or guardian who makes such a report is referred to in this policy as a “complainant.” Students may report the incident to any school employee of their choosing, including teachers, administrators, support personnel.

A. The District shall post on its website and provide to new registrants, students, parents/legal guardian, job applicants for employment, and employees the District’s Sexual Harassment policy and procedures, including the contact information for the District’s Title IX Coordinator (s). The contact information shall include the Title IX Coordinator (s) Name and Title, office address, email address, telephone number.

B. The District does not discriminate on the basis of sex in the education program or activity (including students and employment) that it operates and that it is required pursuant to Title IX and its regulations to not discriminate on the basis of sex. Any inquiries can be made to the Title IX Coordinator and/or the Assistant Secretary of the United States Department of Education.

C. Complaints may be made in any fashion (verbal or written) and at any hour of the day (via a message after hours). Complainants are encouraged, but not required, to submit the complaint in writing and should be asked to document the harassment as soon as it occurs and with as much detail as possible including the following:  (1) the nature of the harassment, (2) dates, times, places it has occurred; (3) name of harasser(s); (4) witnesses of the harassment, and (5) the complainant's response to the harassment.

D. Any employee, as defined above, who receives a complaint of sexual harassment from a student will inform the student of the employee's obligation to report the complaint to the school administration, and then will immediately notify the Principal and the Title IX Coordinator.

E. Any person who believes he or she has witnessed sexual harassment of a student by a student, District employee or third party should report the incident as described above.

Section 6: Title IX Coordinator Intake

Upon receipt of a complaint of sexual harassment, the Title IX Coordinator must meet with the alleged victim/complainant regarding the following:

(1) To explain supportive measures and to arrange for the provision of such measures;

(2) Explain the District’s Title IX grievance procedure; and

(3) Explain the options the complainant may have and how to file a formal Title IX complaint. The Title IX Coordinator must document, among other things, how the three topics above were addressed.

Section 7: The Grievance Process when a Formal Complaint is filed under Title IX

If the complaint contains evidence or allegations of serious or extreme misconduct, including possible criminal activity, the Title IX Coordinator together with the Superintendent will consult with legal counsel and promptly determine whether to contact appropriate child protection and/or law enforcement authorities. The Superintendent may, where circumstances dictate, suspend or remove from the school grounds the accused individual pending the outcome of the investigation, consistent with all contractual or statutory requirements.

A. If the alleged victim decides to file a formal Title IX complaint, the District will follow the process below:

1. The District shall provide written:

a. Notice of the allegations;

b. The requirements of the informal resolution process, including that: (i) once an agreement is made the parties may not resume the formal complaint process, and (ii) any time prior to an agreement either party may withdraw from the informal process and resume the formal process.

c. Any consequences resulting from participating in the informal resolution process, including records that will be maintained or shared.

d. Each party must provide voluntary, written consent to participate in the informal resolution process.

e. The informal resolution process may occur any time prior to reaching a determination of responsibility.

f. The informal resolution process may not be used for complaints of employee wrongdoing towards a student under Title IX.

g. Each party has the right to an advisor of his or her choice throughout the Title IX grievance process.

2. The Title IX Investigator shall provide written notice to each party of the investigation process, including:

a. Written notice before an interview or request for evidence from a party or witness.

b. Providing the same opportunities for both parties to produce evidence and to provide witnesses.

c. Investigator is obligated to gather evidence directly related to the allegations, including exculpatory evidence.

d. All evidence produced and interview notes are then assembled and presented to both parties and their advisors.

e. Each party and his or her advisor have 10 days to inspect and review the investigation documents. Each party may produce a written document to comment on the relevancy of the evidence or interviews.

f. The investigator has 10 days after receipt of the relevancy summary of the parties to produce an investigation report. Documented in the report should be the relevance each party gives to the various evidence/interviews.

g. The investigation report does not reach a conclusion/determination of responsibility.

h. he investigation report is presented to each party and his or her advisor.

3. During the investigation phase if one of the following three situations arise, the district must withdraw the formal complaint:

a. The incident did not occur during an education program or activity;

b. Conduct does not meet the definition of sexual harassment under Title IX; or

c. The conduct occurred outside the jurisdiction of Title IX.

4. If a mandatory dismissal occurs, either party will be provided an appeal of the formal complaint dismissal.

5. The Title IX Coordinator may forward any allegation of inappropriate conduct that is withdrawn from the Title IX process to the Building Principal or Supervisor to be addressed under the Code of Conduct, the sexual harassment process in Section B, or the employee policy 0110 regarding employee sexual harassment.

6. No sooner than 10 days after the distribution of the Investigation report (and the case has not been dismissed) the Decision Maker shall reach out in writing to the parties to explain the question and answer process that he or she will utilize to make a determination regarding responsibility.

a. The Decision Maker must afford each party the opportunity to submit written, relevant questions that the party wants asked of any party or witness. The Decision Maker shall provide each party with the answers in writing, and allow for additional, limited follow-up.

b. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless offered to prove that someone other than the respondent committed the alleged conduct or if offered to prove past consent with respondent.

c. The Decision Maker must explain to the party proposing the questions any decision to exclude a question as not relevant.

d. After completing the question and answer process, the Decision Maker must:

(i) Issue a written determination of responsibility applying the preponderance of the evidence standard.

(ii) The written determination must include:

a. Allegations potentially constituting sexual harassment;

b. A description of the procedural steps taken from receipt of the formal complaint through determinations (including notifications, interviews with parties and witnesses, site visits, methods used to gather evidence, and questions and answer process used)

(iii) Findings of fact supporting the determination;

(iv) Conclusions regarding the application of the Policy to the facts (v) A statement of, and rationale for, the result as to each allegation, including a determination of responsibility; any disciplinary sanction imposed on the respondent, and whether any remedies designed to restore or preserve equal access to the District’s educational program or activity will be provided to the complainant.

(vi) The procedures and permissible basis for the complainant or respondent to appeal.

The written determination shall be provided simultaneously to the parties. The Title IX Coordinator is responsible for the effective implementation of any remedies.

7. A determination or responsibility or a mandatory dismissal may be appealed for one of the following reasons:

a. Procedural irregularity that affected the outcome of the matter.

b. New evidence that was not reasonably available at the time the determination was made, that could affect the outcome of the matter; and

c. The Title IX Coordinator, Investigation, or Decision Maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

8. If an appeal is filed the following process shall be followed:

a. Written notification from the District to the other party informing the party that an appeal has been filed and that appeal procedures will be implemented equally for both parties.

b. Ensure decision maker for the appeal is not the same as the Decision Maker for responsibility of dismissal; Title IX Coordinator or investigator.

c. Ensure the Decision Maker does not have a conflict of interest or bias for or against the complainant or respondent generally or the individual complainant or respondent that affected the outcome of the matter.

d. Give both parties reasonable, equal opportunity to submit a written statement in support of or challenge the outcome.

e. Issue a decision describing the result of the appeal and the rationale for the result.

f. Provide the written decision simultaneously to both parties.

9. When a determination is made by the initial Decision Maker, regardless of whether an appeal is filed, the matter shall be addressed for a student Respondent under a 3214 hearing or the Code of Conduct, and for an employee Respondent under 3020-a, Section, 75, or similar procedures, as applicable.

Section 8: Confidentiality

It is District policy to respect the privacy of all parties and witnesses to complaints of sexual harassment. To the extent possible, the District will not release the details of a complaint or the identity of the complainant or the individual(s) against whom the complaint is filed to any third parties who do not need to know such information. However, because an individual's need for confidentiality must be balanced with the District's legal obligation to conduct a thorough investigation and to take necessary action to resolve the complaint, the District retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know. The person responsible for investigating complaints will discuss confidentiality standards and concerns with all complainants.

Section 9: Procedure when a formal Title IX complaint is not filed or if an allegation does not rise to the level of sexual harassment under Title IX but does rise to the level of sexual harassment under Definition 2 above.

If a formal complaint is not filed under Title IX or if a complaint is mandatorily dismissed under Title IX, complaints of sexual harassment will be promptly investigated to determine whether the totality of the behavior and circumstances meet any of the elements of the second definition of sexual harassment above or a violation of another aspect of the Code of Conduct. In evaluating the totality of the circumstances and making a determination of whether conduct constitutes sexual harassment, the individual investigating the complaint should consider:

1. the degree to which the conduct affected the ability of the student to participate in or benefit from his or her education or altered the conditions of the student's learning environment,

2. the type, frequency, and duration of the conduct;

3. the identity of and the relationship between the alleged harasser and the subject of the harassment;

4. the number of individuals involved;

5. the age and sex of the alleged harasser and the subject of the harassment; and

6. the location of the incidents and the context in which they occurred.

It is important to note that the fact that someone did not intend to sexually harass an individual is not considered a defense to a complaint of sexual harassment. It is the effect and characteristics of the behavior that determine if the behavior constitutes sexual harassment. It makes no difference if the harassment is “just joking” or “teasing” or “playful.” Jokes may be just as offensive as any other type of harassment and will be dealt with in the same manner.

A. Informal Review

1. After the Title IX Coordinator becomes aware of an allegation and the alleged victim chooses not to file a formal Title IX complaint for any reason, or the allegation does not meet the definition of sexual harassment pursuant to Title IX or the jurisdiction of Title IX, then the following procedure may be used by the District. The Principal will conduct a preliminary review within three (3) working days thereafter. Except in a case of severe or criminal conduct, the Principal should make all reasonable efforts to resolve the matter informally at the school level. The goal is to end any harassment or unacceptable conduct that may have occurred and obtain a prompt and equitable resolution.

2. Depending on the severity of the conduct, the Principal may recommend further corrective and/or disciplinary action. No further corrective and/or disciplinary action will take place without the approval of the Superintendent. The Principal will prepare a written summary of the incident to be forwarded to the Superintendent the complainant is to indicate on the summary whether he or she is satisfied with the resolution of the complaint.

3. Where the preliminary review reveals that the complaint requires further investigation or the complaint cannot be resolved informally to the satisfaction of the complainant and the alleged harasser, a formal investigation will take place.

B. Level I Investigation - The Superintendent will be notified of all complaints requiring a Level I investigation.

1. If the complaint contains evidence or allegations of serious or extreme misconduct, including possible criminal activity, the Superintendent will consult with legal counsel and promptly determine whether to contact appropriate child protection and/or law enforcement authorities. The Superintendent may, where circumstances dictate, suspend or remove from the school grounds the accused individual pending the outcome of the investigation, consistent with all contractual or statutory requirements.

2. In the event the complaint of sexual harassment involves the Superintendent, the complaint shall be filed with or referred to the Board President, who shall refer the complaint to a trained investigator not employed by the District for further handling.

3. The Principal will conduct an investigation according to the following guidelines:

a. Interview the complainant and document the conversation. Instruct the complainant not to contact the alleged harasser. Refer the complainant, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services. Reassure the complainant concerning the confidentiality and anti-retaliation provisions of this policy.

b. Review any written documentation of the harassment prepared by the complainant. If the complainant has not prepared written documentation, the complainant may be asked to do so, providing alternative formats for individuals with disabilities and small children, who have difficulty writing and need accommodation.

c. Interview the alleged harasser(s) regarding the complaint and inform the alleged harasser(s) that if the objectionable conduct has occurred, it must cease immediately. Document the conversation. Provide the alleged harasser an opportunity to respond to the charges in writing.

d. Instruct the alleged harasser(s) not to contact the complainant and not to retaliate against the complainant in any manner. Warn the alleged harasser that if he/she makes contact with or retaliates against the complainant, he/she will be subject to immediate disciplinary action.

e. Interview any witnesses to the complaint. Where appropriate, obtain a written statement from each witness. Caution each witness to keep the complaint and his/her statement confidential, and to obey this Policy’s anti-retaliation provisions.

f. Parents of students, whether the complainant or the alleged harasser, shall be notified as soon as reasonable after learning of the allegations.

g. If either the complainant or the accused is a disabled student receiving special education services under an IEP or Section 504 Plan, the Committee on Special Education or the 504 Committee will be consulted.

4. Following the investigation, the Principal shall prepare a confidential report setting forth the nature and scope of the investigation, the findings and conclusions of the investigator and any corrective action or penalties recommended. Unless the Superintendent is the alleged harasser, the report is to be forwarded to the Superintendent.

The complainant and the alleged harasser(s) will be notified of the results of the investigation and any further action recommended. No corrective action will be taken or penalties imposed without the approval of the Superintendent. If the investigation results in a determination that sexual harassment under Definition 2 did occur, immediate corrective action is to be taken to end the harassment. In addition, penalties may be imposed in accordance with all applicable District policies (including the Code of Conduct), collective bargaining agreements, and state laws. The complainant is to be instructed to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliates against him/her.

5. If either the complainant or the alleged harasser is not satisfied with the outcome of the investigation, he or she may request a Level II review by submitting a written statement to the Superintendent within fifteen (15) days of notification of the results of the investigation. The statement should set forth the reasons for the requested review.

C. Level II Review

1. Within three (3) working days following receipt of the request for a Level II review, the Superintendent will designate an individual or individuals to review the investigation. The District will use individuals who have received formal training in sexual harassment investigations or who have previous experience investigating sexual harassment complaints. At a minimum, the individual will meet with the person requesting the review to determine whether any additional investigation should be done.

2. Following the review and further investigation, if appropriate, the complainant and the alleged harasser will be notified, in writing, of the results. If more than thirty (30) days is needed to complete the process, the designee will provide all parties with a written status report within thirty (30) days.

Section 9: Retaliation Prohibited—Applies in all instances.

Any act of retaliation against any person who opposes sexually harassing behavior, or who has filed a complaint, is prohibited and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified, assisted, or participated in any manner in an investigation, proceeding or hearing of a sexual harassment complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other form of harassment. Any person who retaliates is subject to immediate disciplinary action, up to and including suspension or termination.

Section 10: Bad Faith Complaints

False complaints of sexual harassment made maliciously and in bad faith may result in penalties and/or disciplinary action taken against the complainant.

Section 11: Penalties

Where the investigation reveals inappropriate or unacceptable conduct, including sexual harassment or retaliation, corrective action and/or penalties may include, but not be limited to:

1. Discussion with the accused, informing him or her of the policies and indicating that the behavior must stop;

2. Suggesting counseling and/or sensitivity training;

3. Conducting training for the department or school in which the behavior occurred;

4. Requesting a letter of apology to the complainant;

5. Writing letters of warning or reprimand;

6. Separating the parties; and/or

7. Formal disciplinary action in accordance with District policy, applicable collective bargaining agreements and State and Federal law.

8. Volunteers: A warning up to and including loss of volunteer assignment.

9. Vendors: A warning up to and including loss of District business.

10. Other individuals: A warning up to and including denial of future access to school property.

Section 12: Maintaining Records

Separate confidential records of all sexual harassment complaints and school-level and District investigations and resolutions shall be maintained in the office of the Compliance Officer/Title IX Coordinator and retained indefinitely.

In addition, the Title IX Coordinator shall maintain a log and file for all matters brought to his or her attention regardless of whether a formal complaint is filed or shall include information regarding supportive measures.

Section 13: Information and Training

All students and employees shall be informed of the District's sexual harassment policy in student and employee handbooks, student registration materials, when applying for a position, in publications to students/parents/guardians/employees, and on the District website. All new employees will undergo training in sexual harassment and receive information about the policy at new employee orientation. All other employees shall be provided information at least once a year regarding the policy and the District's commitment to a harassment-free learning environment. Title IX Coordinators, Principals, and other administrative employees who have specific responsibilities for investigating and resolving complaints of sexual harassment (e.g. investigators, decision maker, facilitator of informal resolution, and appeal decision maker) shall receive yearly training on the policy, the definition of sexual harassment, relevancy, and related legal developments and matters. The Principals and program directors must ensure that students and staff are informed on a yearly basis of the terms of the policy, including these regulations established for investigation and resolution of complaints, general issues surrounding sexual harassment, the rights and responsibilities of students and employees, and the impact of sexual harassment on the victim.

Ref: Policy #5020, Equal Educational Opportunities

Policy #5300, Code of Conduct

Policy #0110, Prevention of Sexual Harassment

Title IX of the Educational Amendment Act of 1972 and its regulations 34 CFR § 106.45

Adopted November 16, 2020. Last revised November 5, 2018

Definitions (5300.10)

Definitions of terms (e.g., among others, “Disruptive student,” “Violent student,” “parent,” “school property,” and “school function”)
are found in Regulation 1.

Student Rights and Responsibilities (5300.15)

            Students have the right to:                                                                        Students have the responsibility to:

           -A free, appropriate education                                                                                                    -Attend school regularly and on time, behave appropriately, do their work

             -A clean, safe, orderly environment                                                                        -Come to school neat, clean, and treat buildings and grounds carefully

          -Work, listen, and learn unimpeded                                                                       -Observe school rules and not interfere with others' learning

          -Speak and be heard                                                                                                   -Listen to others

          -Freedom from teasing and mockery                                                                      -Refrain from teasing and mockery

            -Freedom from verbal or physical abuse                                                                -Refrain from abusing others 

         -Respectful treatment by adults                                                                               -Treat adults with respect 

         -Say "no" to a group                                                                                                    -Refrain from pressuring others to do something they don't want to

         -Have their possessions protected                                                                           -Respect others' possessions

           -Be free from harassment                                                                                          -Refrain from harassing others

           -Be free from bullying                                                                                                 -Refrain from bullying others 

         -Be free from discrimination by staff members and students                           -Refrain from discriminating                                                     

          Additionally, at the Middle School and High School

          Students have the right to:                                                                            Students have the responsibility to:

            -Express their views orally as long as they do not interfere                                 -Refrain from actual or symbolic speech containing obscenities or personal attack; refrain from inciting           with others' rights or disrupt normal school operations                                      others to harm property or people  

          -Use symbolic expressions of speech                                                                        -Refrain from actual or symbolic speech that disrupts normal school operations or others' rights

           (buttons, flags, decals, etc.)                                    

           -Express their views in writing as long as they sign what they have written   -Assume responsibility for what they write and follow Board policy

           -Assemble peacefully                                                                                                    -See that on-campus meetings are part of the formal educational process or are authorized by the                                                                                                                                                                 school administration; interference with normal school or classroom operations is prohibited

           -Invite and hear speakers of their choosing                                                                           -Obtain permission from the administration before​​​​​inviting speakers; accept the presentation of other                                                                                                                                                         opinions

           -Follow personal standards of dress                                                                                           -Follow approved dress codes and grooming

           -Use school facilities subject to routine operating procedures                                   -Use facilities safely and within routine procedures, assuring such use does not interfere with others'                                                                                                                                                            use

           -Be informed of school policies and rules                                                                 -Act in accordance with the rules, after reasonable notification

           -A procedure for considering and deciding about student problems                  -Be aware of the steps of due process; cooperate with authorities by providing full             

            (due process); the process will be designed to protect against arbitrary            information needed for a prompt, fair decision

            action and to ensure the right to be heard                          

No student shall be subjected to harassment by employees or students on school property or at a school function; nor should any student be subjected to discrimination based on his or her actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex by school employees or students on school property or at a school function.” Specific responsibilities related to harassment and discrimination are found in Regulation 2.

Essential Partners (5300.20) 

Parents, professional staff, and the Board of Education are partners in the education of Scarsdale’s students. All are expected to cooperate and to contribute what their perspectives and personal abilities enable them to offer. The goal is to help students learn and grow in a decent, purposeful, and caring climate that empowers them to become effective, contributing adults. Success depends on a mutual commitment to put the greater good ahead of self-interest and to communicate respectfully with one another.

A specific definition of expectations is found in Regulation 3.

Prohibited Student Conduct (5300.25)

All students will conduct themselves appropriately and civilly, with due regard for the rights and welfare of all others in the school community, as well as for its facilities and equipment.

Adults should guide and encourage students to learn to make responsible decisions for themselves. Discipline should be used only as needed, with emphasis on helping the student acquire positive values and a sense of self-discipline.

Students are subject to discipline up to and including suspension or exclusion from school when they engage in conduct that is disorderly, insubordinate, disruptive, violent, or that endangers the safety, morals, health, or welfare of others. They are subject to the same range of penalties when they engage in academic misconduct. Examples of these behaviors are found in Regulation 4.

Discipline for violations of Board policy and/or District regulations will occur in the student’s home school, regardless of the site of the violation.  Nonetheless, the student may still be responsible to any other school where a violation has occurred, or to community authorities. Student-athletes and students who participate in extracurricular activities are held to the standards set forth in the Student Handbook. The individual student and/or the parent or guardian(s) may be responsible for the financial costs of any injury to another individual in a District school or of damage or destruction to any building or grounds of the District.

 Dress Code (5300.30)

Responsibility for dress and general appearance rests with individual students and parents. However, the District shall adopt standards for health and safety, and attire may not obstruct others’ rights, advocate illegal action, or interfere with learning. A student may be required to remove, cover, or replace the offending dress. Refusal to comply with the dress code may result in discipline up to and including suspension from school. Procedures are found in Regulation 5.

 Reporting Violations (5300.35)

Any student who is aware of a code violation is encouraged to report it to a teacher, counselor, principal, or other administrator. Any student who is the victim of discrimination, harassment, and/or bullying is encouraged to report any incident to a teacher, counselor, administrator, and/or the Dignity for All Students Act Coordinator.  Students’ help is essential in promoting order and preventing violence on school property and at school functions. A student who is aware of any threat of violence must report it to these individuals or any other responsible adult. 

A student who observes another person with a weapon or another student with alcohol or an illegal substance must report this information immediately to a teacher, the principal, the principal’s designee, or the Superintendent of Schools. Any weapon, alcohol, or illegal substance found in a student’s possession shall be immediately confiscated, if possible. The parent or guardian will then be notified and appropriate discipline or restorative action will be imposed. 

A student who witnesses or is subjected to discrimination, harassment, and/or bullying by another student, by any staff member, and/or by any other visitor, is expected promptly to report the matter to a teacher, guidance counselor, the building principal, or his or her designee. Staff members who are not authorized to impose discipline are to report violations of the Code of Conduct and/or discrimination, harassment, and/or bullying against any student promptly to their supervisor, who shall impose discipline if authorized or refer the matter to a staff member who is authorized. 

Any other person who witnesses or receives a report of a violation of the code of conduct or discrimination, harassment, and/or bullying by a student, staff member, or visitor is expected to promptly report the matter to a staff member. Any person who is the object of or who knows of discrimination and/or harassment should report the behavior as soon as possible after the incident. School officials will promptly and equitably investigate all complaints of harassment and discrimination, formal or informal, verbal or written. 

The Principal or his/her designee shall as soon as reasonably practical notify the appropriate law enforcement agency when a Code violation constitutes a crime and/or substantially affects the order or security of the school. Notification shall be made by phone and verified by mail. 

Principals are to report regularly to the Superintendent on all data related to incidents of harassment, bullying, and discrimination in their Buildings. Formal reporting shall occur once per school year.

Disclosure Statement 

Scarsdale High School does not send disciplinary records to post-secondary institutions. We counsel students to answer honestly any question regarding their disciplinary history on a college application. However, information concerning a student’s academic integrity or a particularly egregious infraction will be disclosed when we determine that it indicates a behavior that might impact directly on the student’s ability to display appropriate conduct in a college setting.

This statement will appear on the school profile sent with all applications.

Disclosure of Disciplinary Records to Colleges

Scarsdale High School generally believes in maintaining confidentiality in matters of student discipline. Our goal is to help students learn from their mistakes, most of which are minor violations of school rules, and thus we consider most disciplinary infractions an internal matter among students, their parents, and the institution. We tell students to respond honestly to any question regarding their disciplinary history on a college application, and the deans answer such questions when asked directly by the college admission office. The deans provide opportunities to discuss student responses within the counseling relationship, and, when asked, place the violation in the context of a student's overall record.

While Scarsdale High School does not send disciplinary records to post-secondary institutions, we are committed to collaborating with our college counterparts to ensure a responsible environment for learning in their institutions. In exceptional circumstances, we will disclose information that raises serious questions about the student's academic integrity or a particularly egregious infraction where we determine it indicates it may impact the ability of the student to display appropriate conduct in a college community. At the principal's discretion, a subcommittee of deans, faculty, and other administrators will be convened to consider such situations. Prior to the disclosure of information, parents and students will be afforded the opportunity for an informal conference before such records are disclosed. The committee will make a recommendation to the principal whose decision regarding disclosure shall be final.

 Penalties, Procedures, Referrals and Remedial Measures (5300.40)

 Penalties--Staff members will deal fairly, impartially, and directly with an issue when and where it occurs. Those authorized to impose penalties will consider the following in administering discipline:

• The student’s age

• Nature and circumstances of the offense

• The student’s prior record

• The effectiveness of other forms of discipline

• Information from parents, teachers, others as appropriate

• Other circumstances

In general, discipline will be progressive; a second violation will merit more severe consequences than the first, and so on. This shall not prevent the District from taking the most severe measures in the first event of serious misconduct. 

If a student’s conduct is related to a disability or suspected disability, the case may be referred to the Committee on Special Education or the 504 team. In the case of an out-of-school suspension of a student with a disability, the CSE will be notified by the principal or his designee. Any discipline shall be administered consistent with the section of this code relating to students with or presumed to have a disability. Penalties may range from an oral warning to permanent suspension from school. A representative list is found in Regulation 6. 

Procedures--The due process a student is entitled to receive before a penalty depends on the nature of the penalty. In every case, the school authority empowered to impose a penalty must inform the student of the alleged misconduct and investigate so that a reasonable person would deem the review fair. The student may have an opportunity to present his or her version of the facts to the authority before a penalty is imposed. 

A student who is subject to a penalty other than oral or written warning or written notification to a parent is entitled to added rights before the penalty is imposed. These rights and related procedures are found in Regulation 7. 

Under certain circumstances, the District may pursue a person-in-need-of-supervision (PINS) petition in family court for a student under the age of 18. These circumstances include:

• Habitual truancy

• Ongoing conduct that makes the student ungovernable or habitually disobedient and beyond the school’s lawful control

• Knowingly and unlawfully possessing controlled substances

• The Superintendent must refer a student to the appropriate law enforcement agencies if the student qualifies for juvenile offender status.

Remedial Measures --As appropriate, school officials shall take remedial measures to correct behavior, prevent a reoccurrence of problem behavior, and protect the object of the act(s). Remedial measures include:

1. Peer support groups, corrective instruction, and/or other learning or service experiences;

2. Supportive intervention;

3. Behavioral assessment(s)and/or evaluation(s);

4. Behavioral management plans;

5. Student counseling and parent conferences.

Alternative Instruction (5300.45)

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, the District will take immediate steps to provide alternative means of instruction for the student, and instruction shall be provided as soon as practicable.

Students with Disabilities (5300.50)

In disciplining a student with disabilities, the Scarsdale Schools will follow procedures consistent with, but no greater or less than, the safeguards provided by applicable law and regulation.

The Superintendent may suspend or remove a student from an educational placement, substituting placement in an interim alternative educational setting (IAES), another setting, or suspension from school, subject to certain conditions. Such a student will receive no greater penalty than a student who is not classified.
(Specific provisions are found in Regulation 8) 

Corporal Punishment/REASONABLE PHYSICAL FORCE (5300.55)

Employees are forbidden to use physical force to punish a student.

Reasonable physical force may be used to:

• Protect oneself, another student, teacher, or any other person from physical injury

• Protect school or others’ property

• Restrain or remove a student whose behavior interferes with the orderly exercise and performance of District functions, powers and duties, if the student has refused to refrain from further disruptive acts

The District will report complaints consistent with New York State regulations.

Interrogation and Search (5300.60)

Questioning--A school official authorized to impose discipline may question a student about alleged violations of the Code of Conduct or the law. A student is not entitled to any “Miranda-type” warning, nor must the official contact a parent before questioning occurs. The school official will inform the student of the reason for the questioning.

Searches--The Superintendent, the principals, other administrators, and the nurses are authorized to search students and their belongings if there is reasonable suspicion that the search will produce evidence a student violated the Code of Conduct or the law. Procedures for searches are found in Regulation 10.

School Property--Lockers, desks, and other school storage spaces are school property, and students have no reasonable expectation of privacy there. School officials retain complete control over these spaces and may search them at any time without prior notice to or consent from students.

Documentation and Custody of Items--Officials conducting a search shall promptly document certain information about it, take responsibility for custody of confiscated items, and personally deliver dangerous or illegal items to the police. (Specific procedures are found in Regulation 10).

Police and Children’s Protective Service (CPS) Involvement in Search and Interrogation--Police and CPS workers may participate in the search, interrogation, and investigation subject to certain conditions that may be found in Regulation 11.

 Visitors (5300.65)

Parents and other residents are encouraged to visit the schools subject to certain limits. All visitors are subject to these limits. Principals are authorized to develop procedures for regulating public access consistent with the following:

• A visitor is anyone who is not a regular staff member or student

• All visitors to the elementary schools must report to the safety monitors upon arriving and leaving the school building

• Visitors will report to safety monitors before and after attending PTA meetings or other public gatherings that are held during the school day.

• Visitors may observe classes only with the principal’s advance approval; visits must minimize disruption and be educationally appropriate in the principal’s judgment

• Teachers should not take class time to discuss individual matters with visitors

• Any unauthorized person will be reported to the principal or a designee, who will ask the individual to leave; police will be called if necessary

Public Conduct (5300.70)

All persons (students, teachers, District personnel, others) on school property, at school functions, or sponsored events (including competitions that occur off-campus), shall conduct themselves in a respectful, orderly way. No person, alone or with others, shall:

• Purposely injure or threaten to injure another

• Purposely damage or destroy District or personal property, including graffiti and arson

• Disrupt the orderly conduct of classes, programs, or other school activities

• Distribute or wear materials that are obscene, advocate illegal action, appear libelous, obstruct the rights of others, or disrupt the school program.

• Intimidate or harass any student or discriminate against any student on the basis of actual or perceived race, color, weight, national origin, ethnic group, religion, age, religious practice, gender (identity or expression), sex, sexual orientation, or disability.

• Enter any portion of school premises without authorization or remain in any facility after it is closed

• Obstruct the free movement of any person anyplace this code applies

• Violate traffic, parking, or other vehicle laws, regulations, or restrictions

• Possess, consume, sell, distribute alcoholic beverages or controlled substances on school property

• Be under the influence of alcohol or controlled substances

• Loiter on or about school property

• Gamble on school property or school functions

• Refuse to comply with a reasonable order of an identifiable school official performing his or her duty

• Willfully incite others to commit any act prohibited by this code

• Violate any New York State or federal statute, local ordinance, or Board policy

• Use a cell phone or any electronic device to record, store, or transmit any information or images that infringe upon the rights of others under this code, or are disruptive, or otherwise inappropriate in an educational setting.

Penalties--The following penalties shall be imposed if the above rules of public conduct are violated:

• A visitor violating the Code may be subject to such penalties or remedies as may, in the judgment of the Administration, ensure the safety and well-being of the school community; and/or deter future conduct of a similar nature, including (without limitation):

                 1) Full or partial revocation of any right or privilege to be (or remain) on school premises;

                 2) Issuance of a “stay away” order, directing the visitor to remain off of school premises;

                 3) Application for, and enforcement of, an Order of Protection (where appropriate);

                 4) Enforcement of any civil or criminal penalties or remedies as may be appropriate;

                 5) Other remedies, as may be appropriate and lawful to protect the school community, and deter future conduct of a similar nature.

• Students shall be subject to discipline as the facts may warrant, consistent with due process requirements

• Tenured faculty shall be subject to discipline as the facts may warrant, consistent with Education Law 3020-a and any other applicable legal rights

• Employees subject to Civil Service Law 75 shall be subject to immediate ejection and discipline as the facts may warrant, consistent with that law and any other applicable legal rights

• Other staff members shall be subject to warning, reprimand, suspension, or dismissal as the facts may warrant, consistent with any applicable legal rights

• Visitors may be prohibited from future school-sponsored events.

Enforcement--The principal or his or her designee is authorized to enforce this Code consistent with procedures found in Regulation 12. If an individual refuses to comply or poses an immediate threat of injury to persons or property in the judgment of the school official, he or she shall have that person removed immediately, contacting the police for help if necessary. The District reserves the right to pursue criminal or civil action against violators.

Dissemination (5300.75)

The District will provide summaries and copies of this code to students, staff, parents, and others as provided in Regulation 13. It will provide in-service education for all staff to ensure the Code’s proper implementation, to promote a safe and supportive school climate while discouraging prohibited behavior, and to guide staff members in providing a safe, supportive classroom environment. The Superintendent may solicit staff recommendations about in-service programs on student behavior.

The Board of Education will review and update this Code every year. The review will consider how well the Code has worked and whether it has been applied fairly. The Board will hold at least one public hearing before adopting any Code revisions.

The Board may appoint an advisory committee including student, teacher, administrator, parent organization, school safety staff, and other staff representatives to help review the Code and the District’s response to violations.

The Code and amendments will be filed with the Commissioner of Education consistent with statute.

Regulations

Regulation 1 – Definitions of Terms

 “Controlled substance” is a drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and New York State law and regulations applicable to this Code.

 “Cyberbullying” is the repeated use of information technology, including social media, e-mail, instant message, blogs, chat rooms, pagers, cell phones, and gaming systems, to deliberately harass, threaten or intimidate others.

“Disability” means (a) a physical, mental, or medical impairment resulting from anatomical, physiological, genetic, or neurological conditions which prevent 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, provided, however, that in the context of employment, the term is limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the individual from performing in a reasonable manner the activities involved in the job or occupation sought or held.

“Discrimination” means using actual or perceived race, color, national origin, religion, gender (identity or expression), sex, sexual orientation, disability, weight, ethnic group or religious practice as the basis of treating a person or persons negatively.

“Disruptive student” means any student under the age of 21 who substantially disrupts the educational process or substantially interferes with the teacher’s authority over the classroom.

“Employee and/or Staff member” means any person receiving compensation from the Scarsdale Public Schools, or employee of a contracted service provider, or worker placed within the school under a public assistance employment program, for the provision of educational or related services to Scarsdale Public Schools, its students or staff.

“Gender” means actual or perceived sex and includes a person’s gender identity or expression.

“Harassment” means the 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; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; such conduct, verbal threats, intimidation or abuse includes but is not limited to conduct, verbal 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 (identity or expression), or sex.

 “Illegal drugs” mean any controlled substance except those legally possessed or used under the supervision of a licensed health care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law.

 “Parent” means a parent, guardian, or person in parental relation to a student.

 “Repeatedly substantially disruptive” means engaging in conduct that results in classroom removal pursuant to Education Law 3214 (3a) and to this Code on four or more occasions in one semester or three or more occasions during a trimester.

 “School bus” means every motor vehicle owned and operated by the Scarsdale Public Schools for the transportation of students, children of students, teachers, and other persons acting in a supervisory capacity and a motor vehicle privately owned and operated for compensation for the transportation of students, children of students, teachers and other persons acting in a supervisory capacity to or from school or school functions.

 “School function” means any school-sponsored event or activity on or off school property.

 “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 a public elementary or secondary school, or in or on a school bus.

“Sexting” “Sexting” means sending, recording, possessing, and/or forwarding sexually suggestive language and/or nude or nearly nude photos through electronic means, such as texting, e-mail, or instant messaging.

“Sexual orientation” means actual or perceived heterosexuality, homosexuality, or bisexuality.

“Student with a disability” means a student who, because of mental, physical or emotional reasons can only receive appropriate educational opportunities from a program of special education. This phrase does not include a student whose educational needs are due primarily to unfamiliarity with the English language, environmental, cultural, or economic factors.

“Violent student” means a student under the age of 21 who:

1. Commits or attempts to commit an act of violence on a school employee

2. While on school property or at a school function commits or attempts to commit an act of violence on another person lawfully on school property or at the function

3. Possesses or displays what appears to be a weapon on school property or at a school function

4. While on school property or at a school function, threatens to use a weapon, device, instrument, material, or substance that can cause physical injury or death

5. Knowingly and intentionally damages the personal property of any school employee or person lawfully on school property or at a school function

6. Knowingly and intentionally damages or destroys School District property.

“Weapon” means a firearm as defined in 18 USC 921 for purposes of the Gun-Free Schools Act

Regulation 2 – Procedures for Addressing Harassment and Discrimination

 All staff will:

1. Maintain a climate of respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (identity or expression), or sex.

2. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.

3. Confront issues of discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, or any person who is lawfully on school property or at a school function.

4. Report incidents of discrimination and/or harassment they witness or of which they’re aware, in a timely manner to the Complaint Officer or the Building Principal.

Administrators will:

1. Along with the Complaint Officer, investigate incidents of discrimination and harassment they witness or of which they become aware, in a timely manner.

2. Incidents that may violate Title IX will be addressed by the Complaint Officer and the Title IX team in accordance with the law.

3. Incidents that do not rise to the level of a Title IX investigation for whatever reason, may still be addressed by other parts of the Code of Conduct and the District's sexual harassment policy.

Parents are expected to:

1. Discuss with their child(ren) the importance of respect and dignity for their peers regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (identity or expression), or sex.

Reporters and officials should:

1. Document any incident as soon as they are aware of it, in as much detail as possible including the nature of the incident(s); date, time, place of occurrence; the name of the alleged perpetrator(s); witnesses; and the response of the person who was the object. If, after investigation, the appropriate official finds that a student, staff member or another party has violated the code of conduct, he or she will take prompt action in accordance with this code of conduct, applicable collective bargaining agreements, District policy and state law.

Regulation 3 – Procedures for Essential Partners

 All partners are expected to:

1. Recognize that children’s education is a mutual responsibility of all involved

2. Reflect regularly on their own responsibility and whether they are contributing positively, cooperatively, and effectively to the child’s growth

3. Understand that the education of individual children occurs in the context of groups, and that common expectations, actions, and rules are necessary for the individual and the group

4. Help students to accept responsibility for their own actions, consistent with their readiness

5. Model the values of caring, reason, respect, love of learning

Parents:

1. Send children to school ready to take part and learn

2. Ensure children attend school regularly and on time

3. Ensure absences are excused

4. Insist children be dressed and groomed consistent with the dress code

5. Help children understand that in a democracy, rules are required for safety and order

6. Know school rules and help their children understand them

7. Convey to children a supportive attitude toward education and school

8. Build good relationships with teachers, other parents, and their children’s friends

9. Help children deal effectively with peer pressure

10. Inform school officials of home changes that could affect a child’s work or actions

11. Provide a quiet place for students and ensure homework is completed

Teachers and other professional staff:

1. Know their students well

2. Maintain a climate of respect and dignity

3. Be prepared to teach

4. Demonstrate interest in teaching and concern for student achievement

5. Know school policies and rules; enforce them fairly

6. Communicate to students and as appropriate, parents: course objectives and requirements, marking and grading procedures, assignment deadlines, expectations for students, classroom discipline plan

7. Communicate regularly with students, parents, other teachers about student growth, achievement

Counselors:

1. Know their students well

2. Regularly review their educational progress, personal and career goals

3. Provide information to help students with life planning

4. Encourage students to benefit from the curriculum and extra-curriculum

5. Initiate conferences with teachers and students; parents, teachers, and students to address issues

6. Help students cope with peer pressure and emerging, personal, social, and emotional problems

Psychologists:

1. Assess students’ social, emotional, intellectual growth; intervene where needed to promote it

2. Confer with parents, teachers, administrators about children’s social and emotional development and make recommendations for in- and out-of-school support     

3. Recommend ways teachers can adapt to students’ learning styles and potential

4. Identify and analyze problem behaviors; make recommendations to improve them

5. Develop specific behavioral plans for students at risk of committing violent acts and work with building teams (principals, teachers, counselors, et al.) to implement them

6. Consult with teachers to establish a consistent classroom climate with positive behavior and support

7. Conduct groups on relevant topics (social skills, conflict resolution, peer counseling, e.g.) to enable students to be problem solvers

8. Contribute to team strategies for student success

Support Staff:

1. Treat students with respect

2. Bring problems of student misbehavior promptly to a supervisor’s attention

3. Make suggestions to administrators for the improvement of school climate and student behavior

Dignity of All Students Act (“DASA”) Coordinator:

1. Ensure that all students are provided with a safe, supportive, and positive school climate

2. Accept reports of any discrimination, harassment, and/or bullying incident from any student, teacher, counselor, or administrator

3. Investigate reported incidents of discrimination, harassment, and/or bullying

4. Facilitate collaboration and cooperation between students, teachers, counselors, and administrators for the prevention of discrimination, harassment, and/or bullying incidents and identify alternative programs to prevent future negative behaviors affecting the school community

Principals, Assistant Principals, Teachers-in-Charge, Directors, Coordinators:

1. Promote a safe, orderly, and stimulating education

2. Support active teaching and learning

3. Evaluate programs regularly and use this information to improve them

4. Work to create programs that minimize misconduct and are sensitive to student needs

5. Ensure that students and staff have regular opportunities to communicate with them

6. Ensure that students and staff may approach them for the redress of grievances

7. Support the development of and student participation in extracurricular activities

8. Enforce the Code of Conduct, insuring that cases are resolved promptly and fairly

Superintendent, Assistant Superintendents:

1. See expectations for principals, above, and

2. Review with administrators the laws and Board policies relating to school operations

3. Work with District administrators to enforce the Code and ensure cases are fairly and promptly resolved

4. Inform the Board about educational trends in student behavior and discipline

Board of Education Members:

1. Collaborate with the student, teacher, administrator, and parent organizations, school safety personnel, and other school personnel to develop a code of conduct that clearly defines the expectations for students, the partners, and visitors on school property

2. Adopt and at least annually review the code to evaluate its effectiveness and the fairness and consistency of its implementation

3. Lead by example, conducting meetings in a professional, courteous, respectful manner

Regulation 4 – Examples of Unacceptable Conduct

The following conduct is unacceptable on school property or at school functions:

Academic Misconduct – Examples of academic misconduct include:

1. Cheating

2. Plagiarism

3. Copying

4. Altering records

5. Using electronic communication for the purpose of cheating; e.g., cell phones

6. Assisting another student in any of these actions

 “Disorderly Conduct” includes:

1. Running in halls

2. Making inappropriate noise

3. Using profane, lewd, vulgar, or abusive language or gestures

4. Inappropriate public displays of affection

5. Obstructing vehicular or pedestrian traffic

6. Trespassing--students may not be in any school building other than the one they attend without the principal’s permission

7. Electronic communications misuse, including unauthorized use of computers, software, Inter or Intranet accounts, accessing inappropriate websites, or other violations of the Acceptable Use Policy

8. Using a cell phone or any electronic device to record, store, or transmit any information or images that infringe upon the rights of others under this code, or are disruptive, or otherwise inappropriate in an educational setting

“Insubordinate Conduct” includes:

1. Failing to comply with reasonable direction from teachers, administrators, other employees in charge of students

2. Showing disrespect to such staff members

3. Lateness for, missing or leaving class or school without permission

4. Skipping detention

 “Disruptive Conduct” includes:

1. Failing to comply with reasonable direction from teachers, administrators, other employees in charge of students

2. Interfering with the conduct of a class or other activities

 “Violent Conduct” includes:

1. Committing or attempting to commit an act of violence (e.g., hitting, kicking, punching, and scratching) on a teacher, administrator, other employees, another student, or any other person lawfully present

2. Possessing a weapon or other dangerous instrument that can cause physical injury or death

3. Displaying what appears to be a weapon

4. Using or threatening to use any weapon or other device, instrument, material, or substance that can cause physical injury or death

5. Intentionally damaging or destroying (including graffiti and arson) the property of a student, teacher, other District employee, or another person legally present

6. Intentionally damaging or destroying school property

 “Endangering the Safety, Morals, Health, or Welfare of Others” includes:

1. Lying to school personnel

2. Stealing property of other students, school personnel, or any other person lawfully present

3. Knowingly receiving stolen property or engaging in extortion

4. Defaming others—making false statements or representations about an individual or identifiable group that harm the reputation of either or both by demeaning them

5. Discriminating—using actual or perceived race, color, creed, national origin, religion, gender (identity or expression), sex, sexual orientation, disability, weight, ethnic group, or religious practice as the basis for treating others negatively

6. Bullying—a sufficiently severe action or persistent, pervasive pattern of actions or statements directed at an identifiable individual or group that are intended to be, or that a reasonable person would perceive as ridiculing, demeaning, or frightening

7. Harassment–creating a hostile environment by conduct, intimidation, threat, 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. Also, conduct, intimidation, threat, or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety

8. Intimidation—actions or statements that put another person in fear of bodily harm

9. Hazing—any intentional or reckless act directed against another for the purpose of initiating into, affiliating with, or maintaining membership in any school-sponsored activity or organization

10. Selling, using, or possessing obscene material; using vulgar or abusive language, cursing or swearing

11. Smoking a cigarette, cigar, pipe, electronic cigarette, vaporizer (vaping pen), or using chewing or smokeless tobacco

12. Possessing, consuming, selling, distributing, or exchanging alcoholic beverages or other controlled substances, or being under the influence of either; “illegal substances” include but are not limited to inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, synthetic cannabinoids and any substances commonly called “designer drugs” consumed on school property   

13. Inappropriately using or sharing prescription or over-the-counter drugs. For your child to receive any medication in school, over-the-counter, or prescription, an order from a Physician and parent consent must be on file in the Health Office. Orders are valid for 12 months. The medication must be in the original container and properly labeled

14. Gambling

15. Indecent exposure: being naked in a public space or intentionally showing one's sexual organs in a public place

16. Initiating a report that warns of fire, threats to public safety, or any other catastrophe without valid cause; misusing 911; discharging a fire extinguisher

17. Possessing fireworks or other incendiary devices

18. Using a cell phone or other electronic device to record, store, or transmit any information or images that infringe upon the rights of others under this code, or are disruptive, or otherwise inappropriate in an educational setting.

19. Possessing electronic cigarette paraphernalia, vapor pens, or drug paraphernalia on school property or at a school event.

20. Cyberbullying on school property or using the District’s technology or infrastructure to do so

21. Sexting on school property or using the District’s technology or infrastructure to do so

Bus Misconduct – While waiting for or on a bus a student may not:

1.  Distract the driver

2. Push, shove, fight, engage in excessive noise or engage in other behavior prohibited by the Code

 Regulation 5 – Dress Code Procedures

Students must wear footwear in the buildings at all times and appropriate protective gear (in physical education, science laboratories, e.g.). Students may not wear any attire with expressions or insignia that are obscene or libelous, that denigrates others, including, but not limited to, items that denigrate others on account of actual or perceived race, color, weight, religion, national origin, ethnic group, religious practice, gender (identity or expression), sex, sexual orientation, or disability; or that promotes, endorses, or encourages the use of alcohol, tobacco, controlled substances, illegal drugs, or other illegal or violent activities. Attire may not interfere with learning.

A student who violates the dress code may be required to cover, remove, or replace an offending item. A student who refuses to comply with the Code shall be subject to progressive discipline, up to and including out-of-school suspension.

Each principal or a designee shall inform all students and parents of the dress code at the beginning of the school year and of any revisions during the school year. 

Regulation 6 – Restorative or Remedial Consequences

A student who is found to have engaged in conduct that is deemed discriminatory or harassing, due to the age of the student, the circumstances surrounding the conduct, or other factors, may be subject to restorative or remedial consequences. Such restorative or remedial consequences may include:

1. Peer support groups for corrective instruction or other relevant learning or service experience;

2. Supportive intervention;

3. Behavioral assessment or evaluation;

4. Behavioral management plans, with benchmarks that are closely monitored; and/or

5. Student counseling and parent conferences

 Regulation 7 – Penalties

 A student who is found to have violated the Code of Conduct may be subject to the following penalties, alone or in combination. Penalties may be imposed by the individuals noted, subject to due process as defined in the Code and law.

       1. Oral warning                                                                                                                                     Any staff member

       2. Written warning                                                                                                                              Any professional staff member

       3. Written notice to parent                                                                                                                Any professional staff member

       4. Detention                                                                                                                                          Teacher, Administrator

       5. Transportation suspension                                                                                                           Teacher, Administrator, Transportation Director

       6. Athletic suspension**                                                                                                                     Coach, Administrator, Superintendent

       7. Social/extracurricular activity suspension**                                                                             Activity director, Administrator, Superintendent

       8. Suspension of other privileges                                                                                                     Administrator, Superintendent

       9. Restitution                                                                                                                                        Administrator, Superintendent

     10. Removal from classroom                                                                                                               Teacher, Administrator

     11. In-school suspension                                                                                                                      Administrators

     12. Short-term out-of-school suspension*                                                                                       Principal, Superintendent, Board

     13. Long-term out-of-school suspension*                                                                                        Superintendent, Board

     14. Permanent suspension from school                                                                                            Superintendent, Board

     15. Police or court referral                                                                                                                   Principal, Superintendent

For the penalties of athletic suspension; social/extracurricular activity suspension, suspension of other privileges, removal from the classroom, and out-of-school suspensions, regardless of length, the student shall have an opportunity to present his or her version of the facts to the authority before a penalty is imposed.

*Short-term = Five days or less. Long-term = more than 5 days

**The standards for extracurricular participation, distributed annually to all participants of extracurricular activities and Inter-scholastic Activities contain additional grounds for which the penalty of suspension from extracurricular or athletics may occur.

Regulation 8 – Disciplinary Procedures

The following procedures shall govern student discipline unless they are inconsistent with applicable law or state regulation. Upon request, administrators shall give a student or parent an opportunity to discuss an assignment to detention or other action not subject to hearing before the penalty is imposed. Students with disabilities must be disciplined in accordance with applicable law. A teacher may not remove (as defined hereafter) a student with a disability from class until the administrator, Director of Special Education, or his or her designee has advised that the student’s rights are not being violated.

 Detention:

After-school detention is a penalty for misconduct when removal from the classroom or suspension is inappropriate. Students will receive advance notice, to make transportation arrangements.

 Actions Not Subject to Hearing under Education Law 3214:

A. Transportation Suspension –The bus driver will bring misconduct to the Principal or a designee’s attention.  If the misconduct is judged sufficiently serious, the parent will become responsible for the child’s safe transportation to and from school.

B. Athletic Participation, Extra-curricular Activities, Other Privilege Suspension (The Standards for Extra-Curricular Participation contains additional grounds for which suspension can occur.)

C. In-school Suspension– Administrators are authorized to place students in “in-school suspension,” which will be supervised by a certified staff member. The administrator imposing the suspension will inform the parents of the suspension.   Parents have the right to an informal conference to discuss the conduct and the penalty involved.

Actions Subject to Hearing:

A. Teacher Disciplinary Removal –Effective classroom management techniques include directing a student to leave the room briefly to regain composure and self-control—through a short-term “time out” in an elementary classroom or administrative office, a short period of time in the hallway, assignment to the principal’s office for the remainder of a period only, assignment to a guidance counselor or other staff member. Such actions are not disciplinary removals under this code.

1. A teacher may remove a disruptive student from the classroom for up to two days. The removal applies to that teacher’s class only. An elementary student will attend all special classes.

2. If the student does not pose a danger or ongoing threat of disruption to education, the teacher must explain the removal and give the student an opportunity to explain his or her view before it occurs.

3. If the student does pose a danger or ongoing threat of disruption, the teacher may order immediate removal.  The teacher must explain the removal, call parents, and give the student a chance to explain his or her view within 24 hours.

4. The teacher must complete a District-designed removal form and meet with the principal or a designee as soon as possible, but no later than the end of the school day, to present the form and explain the removal. If contact is not possible, the teacher will leave the form with the secretary and meet before the start of class the next day. If that is not possible or if otherwise appropriate, the teacher will make a reasonable effort to reach the principal after school hours.

5. Within 24 hours after the student’s removal, the principal or another administrator designated by the principal will notify the student’s parent, in writing, that the student has been removed from class and explain why. The notice will inform the parent of his or her right, on request, to meet informally with the principal or a designee to discuss the reasons for the removal. The administrator may require the teacher to attend this conference.

6. The written notice will be provided by personal delivery, express mail, or other means reasonably calculated to assure receipt at the parent’s last known address within 24 hours of the student’s removal. Where possible, notice will also be provided by telephone.

7. If at the conference the student denies the charges, the principal or designee will explain why the student was removed, giving him or her, and the parents, a chance to present their view of events. The time of the meeting may be extended by mutual agreement of the parent and school officials.

8. No student removed by a classroom teacher shall be allowed to return until the principal or designee makes a determination or the period of removal expires, whichever is less.

9. The principal or designee may overturn the student’s removal if (a) the charges are not supported by substantial evidence, (b) the student’s removal is in violation of the code or the law, (c) the conduct warrants suspension pursuant to Education Law 3214 and a suspension will be imposed.

10. The principal has the authority to overturn the removal at any point after the teacher submits the District form to the close of business on the day after the 48 hours allowed for the conference.

11. A student removed from the classroom shall be offered continued instruction and activities until he or she is allowed to return.

12. The teacher must keep a complete log on a District-designed form for every case of removal. The principal will see that all removals are recorded in a log.

B. Suspension from School – Suspension may be imposed only on students who are insubordinate, disorderly, violent, or disruptive, or whose conduct otherwise endangers the health, safety, morals, or welfare of others or for academic misconduct. The Board retains authority to suspend students but places primary responsibility for suspensions on the Superintendent and the principals  (“officials”).

1. Any staff member may recommend a student be suspended.

2. A staff member must immediately report and refer a violent student to the Principal or Superintendent. The referral shall be made in writing unless the matter requires immediate attention, in which case the staff member will prepare the written report as soon as possible.

3. The Superintendent or Principal, upon receiving a recommendation or referral, or when processing a suspension case, shall gather the relevant facts and record them.

4. In the case of short-term suspension (five days or less):

5. When an official proposes to suspend a student, he or she shall notify the student verbally. If the student denies the charges, the official must explain the basis for the proposed action. The official must also notify the parent in writing of the pending action. Written notice will be provided at the parent’s last known address by personal delivery, express mail, or some other means reasonably calculated to assure receipt within 24 hours of the decision to propose suspension. Where possible, notice will also be provided by telephone. If the student’s presence in school poses a danger to persons or property or a threat of disruption to the academic process, in the official’s judgment, the notice and a conference shall occur as soon as reasonably practicable after the suspension.

6. The notice will describe the incident and charges against the student and shall inform the parent(s) of the right to an immediate informal conference with the principal. The notice and conference shall be conducted in the parents’ dominant language or mode of communication. At the conference, the parent(s) may ask questions of complainants under procedures the principal establishes.

7. After the conference, the official shall promptly advise the parents in writing of the decision, and that they have five days to file a written appeal to the Superintendent if they wish. This period may be extended only in extraordinary circumstances, and the parents are required to notify the official immediately of such circumstances or the appeal shall be null.

8. The Superintendent shall issue a written decision within 10 business days of receiving an appeal.

9. The parent(s) may appeal the Superintendent’s decision in writing to the Board of Education.  The appeal must be submitted to the District Clerk within 10 business days of the date of the Superintendent’s decision. This period may be extended only in extraordinary circumstances, and the parents are required to notify the Clerk immediately of such circumstances or the appeal shall be null.

10. Only final decisions of the Board may be appealed to the Commissioner of Education within 30 days of the decision.

C.  In the case of long-term suspension (more than 5 days):

1. The official shall give reasonable notice to the student and the student’s parents 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, and the right to present witnesses and other evidence on his or her behalf.

2. The Superintendent or a designated hearing officer shall conduct the hearing.

3. The hearing officer shall administer oaths and issue subpoenas as he or she deems necessary to conduct the hearing.

4. A recording of the hearing shall be maintained; a tape recording shall be deemed satisfactory.

5. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline. The Superintendent may accept all or any part of the recommendations and shall make all final decisions.

6. An appeal of the Superintendent’s decision(s) may be submitted to the District Clerk within 10 days of that decision. This period may be extended only in extraordinary circumstances and the parents are required to notify the Clerk immediately of such circumstances or the appeal shall be null.

7. Only final decisions of the Board may be appealed to the Commissioner of Education within 30 days of the decision.

8. Guns, firearms, explosives possession – A student found guilty of bringing a gun, firearm, explosive onto school property or to a school function will be subject to suspension 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 may modify the length of the suspension on a case-by-case basis, considering the following:

             1) Student’s age, grade in school prior disciplinary record

             2) Superintendent’s belief that other disciplines may be more effective

             3) Information from parents, teachers, and/or others

             4) Other extenuating circumstances

D. Permanent suspension (exclusion) – Permanent suspension is reserved for extraordinary circumstances (e.g., a student’s conduct poses a life-threatening danger to the safety and well-being of other students, school personnel, or any other person lawfully on school property or attending a school function). Such circumstances include but are not limited to:

1. Violent acts – A student found guilty of committing a violent act other than bringing a weapon on school property or to a school function shall be subject to suspension for at least five days. The procedures for a suspension shall be consistent with those described under "Section B – Suspension from School" of Regulation 6. The Superintendent may modify the penalty on a case-by-case basis, considering the same factors as in Section B.5.h (1) through(4).

2. Repeated, substantial disruption or substantial interference -- A student found guilty of being substantially disruptive of the educational process or substantially interfering with the teacher’s authority over the classroom will be subject to the same penalties and procedures as under “Section B –Suspension from School” of Regulation 6.

Regulation 9 – Disciplinary Procedures for Students with Special Needs

Authorized Suspensions or Removals

 A. Definition of terms:

 “Suspension” means a suspension pursuant to Education Law 3214.

 “Removal” means a removal other than suspension for disciplinary reasons from the student’s current educational placement and a change to an interim alternative educational setting (IAES) ordered by an impartial hearing officer because the student poses a risk to himself or others.  An “IAES” is a temporary placement (up to 45 days) that results when the student’s behavior causes his or her removal from a regular placement.  The IAES is intended to help the student to continue to progress in the general curriculum and to receive services and modifications, including those in the IEP, aimed at helping the student meet the IEP goals. It will include services and modifications to address the behavior that caused IAES placement and to prevent its recurrence.

 B. Procedures

1. Provided that the penalty is no greater than that imposed on a non-disabled student who has exhibited the same behavior, school officials may order a student with a disability to be suspended or removed from a current placement as follows:

a. The Board, Superintendent, or principal may order student placement into an IAES, another setting, or suspension for a period not to exceed five consecutive school days.

b. If determined that it is warranted by the student’s behavior, the Superintendent may order placement into an IAES, another setting, or suspension up to ten consecutive school days, including any time in which the student has been suspended or removed under (a) for the same behavior.

c. The Superintendent may order an added suspension of not more than 10 consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.

d. The Superintendent may order a student to be placed in an IAES to be determined by the Committee on Special Education (CSE) for the same length of time a student without a disability would be subject to discipline, but not more than 45 days, if while on school grounds or at a school function the student possesses, uses, or threatens to use a weapon, device, instrument, material, or substance that can cause physical injury or death; or if the student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance on school grounds or at a school function.

e. Subject to certain conditions under federal and State law and regulation, an impartial hearing officer may order a student’s placement in an IAES for up to 45 days at a time if the student’s continued presence in a current placement poses a risk to self or others.

Change of Placement

A.  A disciplinary change of placement is any suspension or removal from the current curriculum that is for more than ten consecutive school days. Such a change may also occur if a suspension or removal is for ten or fewer days, but is one of a series that cumulate to more than ten days in a year because of their length, the total time the student is removed, and the proximity of one incidence or sequence to another.

B. While the District may not suspend or remove a student if the penalty would result in a disciplinary change of placement based on a pattern thereof, it may impose such a penalty if the CSE has determined that the behavior was not a manifestation of the student's disability or the student is placed in an IAES for behavior involving weapons, illegal drugs, or controlled substances.

Special Rules*

A. The CSE shall:

1. Conduct functional behavioral assessments to determine why a student engages in a particular behavior and develop or review intervention plans whenever the District first suspends or removes a student more than 10 days in a school year or imposes a suspension or removal that constitutes a disciplinary change in placement, including an IAES placement for misconduct.

a. Review the intervention plan and its implementation to determine if modifications are needed if such a student incurs a suspension or removal that does not constitute a disciplinary change of placement.

b. Convene a meeting of the CSE to modify the plan and its implementation to the extent committee deems necessary if one or more members believe modification is necessary.

* These Special Rules relate to the handling of discipline for students who are disabled or who are perceived as having a disability. The District’s Committee on Special education does have the obligation to conduct functional behavioral assessments and arrange for the preparation of behavioral intervention plans for individual students at times other than when they are the subject of discipline and nothing in this Code impacts upon that distinct obligation.

2. Conduct a manifestation determination review of the relationship between the student’s disability and the behavior incurring disciplinary action whenever a decision is made to place a student in an IAES for misconduct or when the student’s continued presence in an educational setting poses a risk to self or others or when there is a decision to impose a suspension that constitutes a disciplinary change in placement. 

B. The District shall notify the parents of disciplinary removal no later than the date officials decide 1) to change a student placement to an IAES for misconduct or because the student poses a risk to the student or another person in the current setting, or 2) to impose a suspension or removal that constitutes a disciplinary change in placement. The procedural safeguards notice prescribed by the Commissioner of Education shall accompany the notice. 

C. The parents of a student subject to suspension for five or fewer days shall have the same right to hearing as parents of non-disabled students. The student shall be afforded the same due process as non-disabled students, except that officials may not impose a removal for more than ten consecutive days or a period that would constitute a disciplinary change in placement unless the CSE has determined the misbehavior is not a manifestation of the disability. During any suspension or removal, the student shall have services as required by Commissioner’s regulation. 

D. Superintendent’s hearings on charges that may lead to a suspension of more than five days shall be divided into a phase to determine guilt and a phase to determine the penalty. 

E. The parents of a student facing disciplinary action who has not been declared eligible for services under IDEA and Article 89 at the time of misconduct have the right to invoke applicable legal safeguards. If in accordance with the law the District is deemed to have known the child was a student with a disability before the misconduct occurred, he or she will be considered to have a disability for disciplinary purposes. 

The Superintendent, Principal, or other school official imposing the penalty is responsible for determining whether the student is presumed to have a disability.

1. The student shall not be considered to have a disability if, on receipt of a claim that the District knew of one, the District had either conducted an individual evaluation and determined the student did not or determined an evaluation was unnecessary and notified the parents in the manner required by law and regulation. If a request for an individual evaluation is made while a non-disabled student is removed, an expedited evaluation shall be held, consistent with applicable law and regulations. Until this evaluation is completed, the student shall remain in the educational placement determined by the District, including suspension.

Expedited due process hearings

A. An expedited hearing shall be conducted as specified by the Commissioner’s regulations if:

1. The District judges that the current placement endangers the student or others and requests one while due process hearings are pending or to obtain an impartial hearing officer’s order to place the student in an IAS.

2. The parent requests one to challenge the District’s finding that misbehavior was not the result of a disability or for reviewing any decision about placement, including but not limited to a decision to place the student in an IAES.

1. A student shall stay in an IAES until a hearing officer’s decision or expiration of the IAES placement, whichever comes first, if an expedited hearing or appeal is pending on a placement for behavior involving weapons, illegal drugs or controlled substances, for dangerousness, or if there is a challenge to a determination that the behavior is not a manifestation of a disability. This provision may be waived by mutual agreement between parents and District.

2. If a student has been moved to an IAES, the placement expires, and officials’ proposal to renew the placement is challenged, the student shall return to the placement he or she had before being moved to the IAES.

B.  An expedited hearing shall be completed within 15 days of the date the request for a hearing is received.  The impartial hearing officer may grant specific extensions of this period but must mail a written decision to the District and parents within five business days after the last hearing date. In no case shall a decision be mailed later than 45 days after the date of a request for a hearing.   

Referral to law enforcement and judicial authorities

A. The District may report a crime committed by a student with a disability to appropriate authorities. Such an action is not a change in the student’s placement.

B. The Superintendent shall ensure that copies of the student’s special education and disciplinary records are transmitted to such authorities for consideration.

 Regulation 10 – Procedures for Searches

A.  All searches will be limited to the extent needed to locate the evidence sought. Searches will be conducted in the privacy of administrative offices with the student(s) present, whenever practicable.

B.  An authorized official may conduct a very limited search of belongings without reasonable suspicion, so long as there is a documented problem related to health and safety. Such a minimally intrusive search would include touching the outside of a book bag, for instance.

C.  A search may be conducted on the basis of physical evidence or information from a reliable informant. District employees will be considered reliable unless they have knowingly supplied inaccurate information in the past. Others will be considered reliable if they have previously given accurate and verified information, make an admission against their own interest, provide information that is confirmed independently by other sources, or appear credible and are communicating information about an immediate threat to safety.

D.  Before searching a student or belongings, the official shall try to get the student to admit that he or she possesses physical evidence of violating the Code of Conduct or the law or by student consent.

Regulation 11 – Procedures for Documenting Searches

The school official conducting the search shall promptly record the following information:

     • Name, grade, and age of the student

     • Reason for the search

     • Name of any informant(s)

     • Purpose of the search – what item(s) were sought

     • Type and scope of the search

     • Person conducting the search, including title and position

     • Witnesses, if any, to the search

     • Time and location of the search

     • Results – what item(s) were found

     • Disposition of the items found

     • Time, manner, and results of parent notification

The official shall clearly label each item taken from the student and retain control of the item(s) until it or they are turned over to the police.

Regulation 12 – Procedures for Police and Child Protective Services (CPS) Involvement in Investigations

Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:

     • A search or arrest warrant, or

     • Probable cause to believe a crime has been committed on school property or at a school function, or

     • Been invited by school officials 

Before police may question or search a student, the principal or a designee will first try to notify the student’s parent(s) to give an opportunity to be present. If the parent(s) cannot be contacted, the police will not be given permission to search or question. The principal or designee shall be present at any search or questioning on school grounds or at school activities.

Students questioned by police on school property or at school functions shall have the right to:

     • Be informed of their legal rights

     • Remain silent if they choose

     • Request the presence of an attorney

CPS shall request the principal or a designee for permission to interview a student on school property. The school official shall set the time and place for the interview. The official shall decide if a school official should be present at the interview, depending on the student’s age and the allegations. If the student must remove any clothing so that CPS can verify allegations, the school nurse or other District medical personnel shall be present for that portion of the interview. No student may be required to remove clothing before a CPS worker or school official of the opposite sex.

CPS may remove a student from school only with a court order unless the worker reasonably believes the student would be subject to imminent danger if he or she were not removed before an order could reasonably be obtained. If the worker does believe the student would be subject to imminent danger, neither a court order nor parental permission is required.

Regulation 13 – Visitor Enforcement Procedures

When the authorized official is aware of prohibited behavior that in his or her judgment does not pose an immediate threat of injury to persons or property, the official shall tell the individual exhibiting the behavior that the conduct is not allowed and try to persuade the person to stop. The official shall, as necessary, warn the individual of the consequences for continuing. If the individual refuses to stop or if the conduct poses an immediate threat of injury to persons or property, the official shall have the individual removed immediately, if necessary contacting the police to assist.

The District shall take appropriate action against any individual consistent with this Code, and reserves its right to pursue civil or criminal action against anyone violating it.

Regulation 14 – Policy Dissemination Procedures

     • At the start of each school year, the District shall provide all students a summary of the code, noting any changes from the previous year.

     • Before the start of the school year, the District shall mail a summary of the Code to all parents and make copies of the Code available at the start of the year.

     • The District shall provide all staff with access to the Code and a copy of any amendments as soon as practicable after adoption.

     • The District shall provide all new employees with copies of the Code when they are hired.

     • The District shall make copies of the Code available for public review.

     • The District shall post the complete Code on the District’s website.

Original Adoption by Board of Education: 8/10/01 *Reviewed and re-adopted annually