All District employees, volunteers, third party contractors, and consultants (hereinafter referred as “employees” or “staff members”), must maintain a professional, ethical relationship with District students that is conducive to an effective, safe learning environment; and staff members act as role models for students at all times, whether on or off school property, and both during and outside of school hours. Staff must establish appropriate personal boundaries with students and not engage in any behavior that could reasonably lead to even the appearance of impropriety.
Staff members are prohibited, under any circumstances, to engage in any improper fraternization or undue familiarity with students, regardless of the student's age and/or whether the student may have “consented” to such conduct. Further, employees will not entertain students or socialize with students in such a manner as to create the perception that a dating relationship exists. Similarly, any action or comment by a staff member which invites romantic or sexual involvement with a student is considered highly unethical, in violation of District policy, and may result in the notification of law enforcement officials and the filing of criminal charges and/or disciplinary action by the District, up to and including termination of employment.
Inappropriate employee behavior includes, but is not limited to, flirting; making suggestive comments; dating; requests for sexual activity; physical displays of affection; giving inappropriate personal gifts; frequent personal communication* with a student unrelated to course work or official school matters; providing alcohol or drugs to students; inappropriate touching; and engaging in sexual contact and/or sexual relations.
Inappropriate fraternization of staff with students is against District policy and may be in violation of professional standards of conduct and New York State Law. However, inappropriate employee conduct does not need to rise to the level of criminal activity for such conduct to be in violation of District rules and subject to appropriate disciplinary sanctions. Any student who believes that they have been subjected to inappropriate staff behavior as described in this policy, as well as students, school employees, or third parties who have knowledge of or witness any possible occurrence of inappropriate staff-student relations, will report the incident to any staff member or either the employee's supervisor, the student's Principal, or the District's designated Compliance Officer. In all events, these reports will be forwarded to the designated Compliance Officer for further investigation. Anonymous complaints of inappropriate fraternization of staff members with students will be investigated by the District to the extent practicable. Investigations of allegations of inappropriate staff-student relations will follow the procedures utilized for complaints of harassment within the District. Allegations of inappropriate staff-student behavior will be promptly investigated and will be treated as confidential and private to the extent possible within legal constraints.
Any employee having knowledge of or reasonable suspicion that another employee may have engaged in inappropriate conduct with a student that may constitute child abuse in an educational setting must also follow the District's reporting procedures for such allegations. This information will also be reported by the designated administrator as required by state law to law enforcement officials, the State Education Department, and/or Child Protective Services as may be applicable.
If a student initiates inappropriate behavior toward a staff member, that employee will document the incident and report it to their Principal or supervisor immediately.
Prohibition of Retaliatory Behavior
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participate in the investigation of allegations of inappropriate staff-student relations. Follow-up inquiries and/or appropriate monitoring will be made to ensure that the alleged conduct has not resumed and that all those involved in the investigation have not suffered retaliation. Any act of retaliation is subject to appropriate disciplinary action by the District.
District Responsibility/Training
The Principal of each school and/or program supervisor will be responsible for informing students, staff, and volunteers of the requirements of this policy, including the duty to report and the procedures established for investigation and resolution of complaints. Further, staff training shall be provided to facilitate staff identification of possible behavior that may constitute inappropriate staff-student relationships. Students shall be provided such training in an age-appropriate manner.
This policy (or a summary thereof) will be disseminated as appropriate to staff, students and parents.
Disciplinary Sanctions
Any staff member who engages in inappropriate conduct with a student will be subject to appropriate disciplinary measures, up to and including termination of employment in accordance with legal guidelines, District policy and regulation, and any applicable collective bargaining agreement. A violation of this policy may also subject the employee to criminal and/or civil sanctions as well as disciplinary action by the State Education Department in the case of a certificated employee. In addition, any employee found to be in violation of this policy will be deemed to have been acting outside the scope of their employment, and the District will not provide defense or indemnification resulting from legal action alleging a violation of this policy.
*Frequent personal communication with a student unrelated to course work or official school matters means any form in which that personal communication may occur including, but not limited to, voice or text-based communication via phone, email, instant messaging, text messaging, gaming platforms, or through social networking websites.
Ref: 8 NYCRR Part 83
Adopted: October 2, 2023