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The District is committed to providing an educational environment that promotes respect, dignity and equality.

The District condemns and strictly prohibits all forms of discrimination, such as harassment, hazing and bullying on school grounds, school buses and at all school-sponsored activities, programs and events, whether on or off school grounds. Discrimination, harassment, hazing or bullying that takes place at locations outside of school grounds, including cyberbullying, which creates or can be reasonably expected to create a substantial disruption within the school environment or impinge on the rights of other students where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property, are prohibited, and may be subject to disciplinary consequences.

Definitions 

Bullying

Bullying, under the Dignity Act (DASA), has the same meaning as harassment (see below) and both terms are used interchangeably. Bullying is further understood to be a hostile activity which harms or induces fear through the threat of further aggression and/or creates terror. Bullying may be premeditated or a sudden activity. It may be subtle or easy to identify, done by one person or a group.

There are at least three kinds of bullying: verbal, physical and social/relational.

• Verbal bullying (which can be delivered orally, electronically/digitally or in writing) includes name calling, insulting remarks, verbal teasing, frightening phone calls, violent threats, extortion, taunting, gossip, spreading rumors, racist slurs), anonymous notes, etc.

• Physical bullying includes poking, slapping, hitting, tripping or causing a fall, choking, kicking, punching, biting, pinching, scratching, spitting, twisting arms or legs, damaging clothes and personal property, or threatening gestures.

• Social and relational bullying includes: excluding someone from a group, isolating, shunning, spreading rumors or gossiping, arranging public humiliation, undermining relationships, teasing about clothing, looks, giving dirty looks, aggressive stares, etc.

Cyberbullying

Cyberbullying is defined as harassment or bullying through any form of electronic communication. In order to be actionable under this policy, cyberbullying that occurs off campus must create or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. 

Discrimination

Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others, to an individual or group of people because of the group, class or category to which that person belongs. 

Harassment

Harassment is the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that (a) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; (b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.  For the purpose of this definition the term “threats, intimidation or abuse” shall include verbal and non-verbal actions.

The harassing or discriminatory behavior may be based on any characteristic, including but not limited to a person’s actual or perceived:  race (including hair, hairstyle and other traits historically associated with race), color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity, gender expression, and transgender status).

Hazing

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

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

The discrimination or harassment within the meaning of this policy shall include a single severe incident or multiple incidents that are pervasive in nature that creates a hostile environment.

Prevention

The Board will annually designate staff members, who have been trained in human relations in the areas of race (including hair, hairstyle and other traits historically associated with race), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity, gender expression and transgender status), and sex, as the Dignity Act Coordinators (DAC) for each school, accountable for implementation of this policy. In addition, two District-wide coordinators who will be responsible for ensuring equivalency in programming across buildings, will be designated. Building-level PBIS Committees will be appointed by the Principal and will include representation from staff, administration, students and parents associated with that building. The building-level DACs will be responsible for coordinating and enforcing this policy and regulation in the school to which they are assigned, including, but not limited to, coordination of:

• the work of the building-level committees;

• professional development for staff members and,

• the complaint process, and 

• management of the Dignity Act civility curriculum components. 

Prevention is the cornerstone of the District’s effort to address bullying. A program geared to prevention is designed to not only decrease incidents of bullying but to help students build more supportive relationships with one another by integrating the bullying prevention program into classroom instruction.  The components of such an effort involve the following:

• emphasizing the development of empathy, tolerance and respect for others in the District’s curriculum.   

• learning about and identifying the early warning signs and precursor behaviors that may lead to bullying.

• establishing clear schoolwide and classroom rules about bullying consistent with the District’s Code of Conduct, PBIS plans and similar procedures. 

• training adults in the school community to respond sensitively and consistently to bullying.

• raising awareness among adults, through training, of the school experiences of marginalized student populations (as enumerated in the Definitions section above), social stigma in the school environment, gender norms in the school environment, and strategies for disrupting bullying or other forms of violence.

• providing adequate supervision, particularly in less structured areas such as in the hallways, cafeteria, school bus and playground.

• raising parental awareness and involvement in the prevention program and in addressing problems.

• using educational opportunities and/or curriculum, including, if applicable, the Individual Educational Program (IEP), to address the underlying causes and impact of bullying.

The Superintendent will establish a District-wide Dignity Committee. The principals will establish appropriate committees to implement this policy in each school building. The District-wide and building level committees  will assist the administration in developing and implementing specific prevention initiatives, including early identification of bullying. In addition, the program will include reporting, investigating, remedying and tracking allegations of bullying.

Intervention

Intervention by adults and bystanders is an important step in preventing escalation and resolving issues at the earliest stages. Intervention will emphasize education and skill-building. It will also focus upon the safety of the target. Staff is expected, when made aware of bullying, to either refer the student to designated resources for assistance or to intervene in accordance with this policy.  

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

Provisions for students who do not feel safe at school

Notwithstanding actions taken by District staff, intervention may require a specific coordinated approach if the student does not feel safe at school. Staff, when aware of bullying, should determine if accommodations are needed in order to help ensure the safety of the student and bring this to the attention of the Principal or the DAC. The Principal, other appropriate staff, the student and the student’s parent/guardian will work together to define and implement any needed accommodations.

Incident(s) Reporting and Investigation

In order for the District to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets and persons with knowledge of bullying report such behavior immediately to the principal/designee or the building DAC as soon as possible after the incident so that it may be effectively investigated and resolved. Staff who observe or learn of incident(s) of bullying are required, in accordance with state law, to orally report it to the Principal or the DAC within one school day, and to fill out the District  reporting form within two school days. If staff are unsure of the reporting procedure, they are expected to inquire about how to proceed by speaking with their supervisor. A District employee may be deemed to have permitted unlawful discrimination or harassment if they fail to report an observed incident, whether or not the target complains.

The District will promptly investigate all complaints, formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner, although limited disclosure may be necessary to complete a thorough investigation. The District will make a bullying complaint form available on its website to facilitate reporting. 

In order to assist investigators, individuals should document the harassment, hazing, or bullying as soon as it occurs and with as much detail as possible including: the nature of the incident(s); dates, times, places it has occurred; name of perpetrators(s); witnesses to the incident(s); and the target’s response to the incident.

The results of the investigation will be reported back to both the target and the accused. If either of the parties disagrees with the results of the investigation, they can appeal the findings to the District-wide DAC. Verified bullying incidents that meet the criteria established by the state will be included in the statewide reporting system, when applicable, in accordance with law and regulation.

If, after appropriate investigation, the District finds that a student, an employee or a third party has violated this policy, prompt corrective action will be taken in accordance with the Code of Conduct, applicable collective bargaining agreement, District policy and state law. If the reported behavior constitutes a violation of any other anti-discrimination policy (e.g., Title VI, Title IX, Section 504/Title II/ADA, etc.) the investigation will be coordinated with such other investigation.

If the Principal or DAC who conducted the investigation believes that any harassment, bullying or discrimination constitutes a crime, they will promptly report the incident to the appropriate law enforcement agency as well as notify the Superintendent in writing of such report.

Confidentiality

It is the policy of the District to respect the privacy of all parties and witnesses to complaints of bullying. 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 against the District’s legal obligation to provide due process to the accused, to conduct a thorough investigation, or to take necessary action to resolve the complaint, the District retains the right to disclose the identity of the parties and witnesses to complaints in appropriate circumstances to individuals with a need to know. The staff member responsible for investigating complaints will discuss confidentiality standards and concerns with complainants.

If a complainant requests that their name not be revealed to the individual(s) against whom a complaint is filed, the staff member responsible for conducting the investigation shall inform the complainant that:

• the request may limit the District’s ability to respond to their  complaint;

• District policy and federal law prohibit retaliation against complainants and witnesses;

• the District will attempt to prevent any retaliation; and

• the District will take strong responsive action if retaliation occurs.

If the complainant still requests confidentiality after being given the information set forth above, the investigator will take reasonable steps to investigate and respond to the complaint consistent with the request as long as doing so does not preclude the District from responding effectively to the bullying and preventing the bullying of other students.

Investigation and Resolution Procedure

A.    Initial (Building-level) Procedure

Whenever a complaint of bullying is received whether verbal or written, it will be subject to a thorough preliminary review and investigation. Except in the case of severe or criminal conduct, the Principal/designee, or the DAC shall make all reasonable efforts to resolve complaints informally at the school level. The goal of informal procedures is to end the bullying, prevent future incidents, ensure the safety of the target and obtain a prompt and equitable resolution to a complaint.

As soon as possible, but no later than three school days following receipt of a complaint, the Principal, the Principal’s designee or the DAC will begin an investigation of the complaint by: 

• reviewing any written documentation provided by the target(s).

• conducting separate interviews of the target(s), alleged perpetrator(s), and witnesses, if any, and documenting the conversations.

• providing the alleged perpetrator(s) a chance to respond and notify them that if objectionable behavior has occurred, it must cease immediately. The individual will be made aware of remediation opportunities as well as potential disciplinary consequences.

• determining whether the complainant needs any accommodations to ensure their safety, and following up periodically until the complaint has been resolved. 

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

Parents of student targets and accused students should be notified within one school day of allegations that are serious or involve repeated conduct.

Where appropriate, informal methods may be used to resolve the complaint, including but not limited to:

• discussion with the accused, informing them of the District's policies and indicating that the behavior must stop;

• suggesting counseling, skill building activities and/or sensitivity training;

• conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;

• requesting a letter of apology to the target;

• writing letters of caution or reprimand; and/or

• separating the parties.

Appropriate disciplinary action shall be recommended and imposed in accordance with the District Code of Conduct, the applicable collective bargaining agreement and  state law. The District  will make every reasonable effort to attempt to first resolve the misconduct through non-punitive measures. 

The investigator shall report back to both the target and the accused within 5) school days notifying them in writing, and also in person, as appropriate, regarding the outcome of the investigation and the action taken to resolve the complaint. The actions taken will be in conformance with the Remediation/Discipline/Penalties section of this regulation. The target shall report immediately if the objectionable behavior occurs again or if the alleged perpetrator retaliates against him/her. 

In addition, where the Principal/designee or the DAC has a reasonable suspicion that the alleged bullying incident involves criminal activity, they should immediately notify the Superintendent, who shall then contact the school attorney, appropriate child protection and, if appropriate, law enforcement authorities. 

Any party who is not satisfied with the outcome of the initial investigation may request a District-level investigation by submitting a written complaint to the Superintendent within 30 days from the receipt of the Principal’s or DAC’s report .

B.    District-level Procedure

The Superintendent/designee shall promptly review appeals regarding complaints that are referred to them following an initial investigation by a principal or school DAC. In the event the complaint involves the Superintendent, the complaint shall be filed with or referred to the Board President, who shall refer the complaint to an appropriate independent individual for investigation. 

The District-level investigation should begin as soon as possible but not later than five (5) school days following receipt of the complaint by the Superintendent or Board President. 

In conducting the formal District level investigation, the District will endeavor to use individuals who have received formal training regarding such investigations or that have previous experience investigating such complaints. 

If a District-level investigation results in a determination that bullying did occur, prompt corrective action will be taken to end the misbehavior in accordance with the Remediation/Discipline/Penalties section of this regulation.

No later than 30 days following receipt of the complaint, the District DAC, Superintendent (or in cases involving the Superintendent, the Board-appointed investigator) will notify the target and alleged perpetrator, in writing, of the outcome of the investigation. If additional time is needed to complete the investigation or take appropriate action, the Superintendent or Board-appointed investigator will provide all parties with a written status report within 30 days following receipt of the complaint. 

Upon receiving a final written report of the District’s findings, any party who is not satisfied with the outcome of the District-level investigation may appeal to the Board by submitting a written request to the Board President within 30 days of receipt of the report in response to the appeal.

C.    Board-level Procedure

When a request for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the President of the Board. The Board shall review all materials and shall render a decision in writing within 15 school days.

The District will retain documentation associated with complaints and investigations in accordance with Schedule LGS-1 (Retention and Disposition Schedule for New York Local Government Records).

Retaliation Prohibited

Any act of retaliation against any person who has filed a complaint, is strictly prohibited and illegal, 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 bullying complaint is strictly prohibited. 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. 

Consequences/Remediation

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

Consequences for a student who commits an act of bullying shall be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors, and must be consistent with the District’s Code of Conduct. The District will ensure the safety of the student or students against whom such harassment, bullying (including cyberbullying) was directed and take reasonable measures to prevent recurrence of the offending behavior. In accordance with Federal law (FERPA) the District will maintain the confidentiality of the consequences assigned to the offending student. 

Remedial responses to bullying include measures designed to correct the problem behavior, prevent another occurrence of the behavior, and protect the target, including, but not limited to: 

• restitution and restoration; 

• peer support group; 

• corrective instruction or other relevant learning or service experience; 

• changes in class schedule;

• supportive intervention; 

• behavioral assessment or evaluation; 

• behavioral management plan, with benchmarks that are closely monitored; 

• student counseling; 

• parent conferences; or 

• student treatment or therapy. 

Environmental remediation may include, but is not limited to: 

• strategies for determining the conditions contributing to the relevant behavior; 

• modification of schedules; 

• adjustment in hallway traffic and other student routes of travel; 

• targeted use of monitors; 

• parent education seminars/workshops; 

• peer support groups.

Consequences, including disciplinary action, may include:

• Students:  a warning, a loss of privileges up to and including suspension from school, to be imposed consistent with the Code of Conduct and applicable law.

• Employees: a warning up to and including termination, to be imposed consistent with all applicable contractual and statutory rights.

• Volunteers: a warning up to and including loss of volunteer assignment.

• Vendors: a warning up to and including loss of District business.

• Other individuals: a warning up to and including denial of future access to school property.

Policy Dissemination, Monitoring and Training

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

All employees will receive notice of and access to this policy at least once a year. Principals in each school will be responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures for filing a complaint and information about the impact of bullying on the target and bystanders. The DACs, administrative employees and other staff, such as counselors or social workers who have specific responsibilities for investigating and/or resolving complaints of bullying, will receive yearly training to support implementation of this policy.

This policy will be reviewed annually to assess its effectiveness and compliance with state and federal law. If changes are needed, revisions will be recommended to the Board for its consideration.

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

Cross-ref:   

0100, Nondiscrimination and Equal Opportunity

4321, Programs for Students with Disabilities Under the IDEA of New York’s Education Law Article 89

5025, Student Sexual Harassment 

5300, Code of Conduct

5710, Violent and Disruptive Incident Reporting

Ref:  

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

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

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

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

Title IX, Education Amendments of 1972, 20 U.S.C. §1681 et seq.

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

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

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

Education Law §§313(3), 3201, 3201-a

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

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

Doninger v. Niehoff, 527 F.3d 41 (2d. Cir. 2008)

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

Zeno v. Pine Plains 702 F3rd 655 (2nd Cir. 2012)

     Cuff v. Valley Central School District F3rd 109 (2nd Cir 2012)

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

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

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

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

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

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

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

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

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

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

Adoption date:  June 4, 2012

Amended date: July 8, 2013

Amended date: June 19, 2017

Amended date: May 9, 2022