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District officers and employees are expected to fulfill the public’s trust and to conduct themselves in an ethical manner, abiding by all District policies and regulations and by all applicable state and federal laws and regulations.

However, when District officers or employees know or have reasonable cause to believe that serious instances of wrongful conduct (e.g., mismanagement of District resources, unethical behavior, violations of law or regulation, and/or abuse of authority) have occurred, they should, if they feel comfortable, report such wrongful conduct, in writing, to the Superintendent and the Board, or one of its Board officers, unless the Superintendent or the Board is alleged to be involved in the wrongful conduct. In that event, the report should be made to the Internal Auditor or the School District’s Attorney. Alternatively, or in addition, District officers or employees may report their concerns directly to a governmental agency or entity.

For purposes of this policy, the term “wrongful conduct” includes, but is not limited to:

• theft of District money, property, or resources;

• misuse of authority for personal gain or other non-District purpose;

• fraud;

• actions that compromise the security and integrity of the District’s or state’s testing program; 

• conflicts of interest or abuse by District officers or employees relating to their office or employment;

• actions that present a substantial or specific danger to public health or safety;

• violations of applicable federal and state laws and regulations; and/or

• serious violations of District policy, regulations, and/or procedure.

Internal Reporting and Investigation

Employees and officers who know or have reasonable cause to believe that wrongful conduct has occurred are encouraged to report such conduct, if they feel comfortable, to the Superintendent and the Board (unless the Superintendent or the Board is alleged to be involved), the School District's Attorney, the Internal Auditor, External (Independent) Auditor, who must notify the Board. Principals or other supervisory personnel may also receive such reports, and must notify the Superintendent, or the Board, if the Superintendent is a subject of the report. The Board or Superintendent, upon receiving a report of alleged wrongful conduct,  may take immediate steps to authorize  an investigation. 

Staff members who suspect that a violation of state testing procedures has occurred by a certified educator, or non-certified individual involved in the state testing program, must report their concerns to the State Education Department (SED) in the manner prescribed by the Commissioner of Education. Employees are also encouraged, if they feel comfortable, to report concerns to the Superintendent or Board. Any Principal receiving such a report must immediately relay this information to the Superintendent, or directly to the Board, if the Superintendent is the subject of the report.

The Superintendent, Board, School Attorney, Independent Auditor, or External Auditor, as applicable, must maintain a written record of the allegation, and the results of any investigation The Superintendent or Board may also refer the matter to any entity or agency applicable to the alleged conduct (e.g., auditors, police, SED, State Comptroller, etc.). The Superintendent will notify the Board when appropriate to do so.

Except as otherwise provided in either state and/or federal law, the Board-designated officer will make all reasonable attempts to protect the identity of the employee making the disclosure in a confidential manner, as long as doing so does not interfere with conducting an investigation of the specific allegations or taking corrective action.

The District will not take adverse employment action against an employee who has, in good faith, notified the District and/or a governmental body of wrongdoing, including, but not limited to, instances where an employee has reported misconduct when mandated to do so by federal or state law or regulation (e.g., child abuse, state testing misconduct).

Complaints of Retaliation

An employee who has been subject to an adverse employment action based on their prior disclosure of alleged or actual wrongful conduct may contest the action by filing a written complaint of retaliation with the Board President, or if the Board is the subject of the complaint, to the Superintendent. The Board President or designee, or the Superintendent or designee, in consultation with the School Attorney, will review the complaint expeditiously to make a preliminary determination as to:

• whether the complainant made a disclosure of alleged wrongful conduct before an adverse employment action was taken;

• whether the responding party could reasonably have been construed to have had knowledge of the disclosure and the identity of the disclosing employee;

• whether the complainant has in fact suffered an adverse employment action after having made the disclosure; and

• whether the complainant alleges that adverse employment action occurred as a result of the disclosure.

If it is determined that all of the above elements are present, the Superintendent or designee, or if the Superintendent is the subject of the report or allegation, the Board President or designee, in consultation with the School Attorney, will investigate the claim and make a recommendation to the Board. The Superintendent or designee or Board President or designee, as the case may be, will inform the complainant and the respondent, in writing, of:

• the intent to proceed with an investigation;

• the specific allegations to be investigated;

• the appointment of the investigator; and

• the opportunity of each party to support or respond, in writing, to the allegation.

Once the Superintendent or designee, or if the Superintendent is the subject of the report or allegation, the Board President or designee, in consultation with the School Attorney, has conducted a review and considers the investigation to be complete, the Board will be notified of its completion. From the date of that notice, the Superintendent or designee, or Board President or designee, has 30 days to report the findings and make any recommendations deemed appropriate to the Board. The Superintendent or designee, or Board President or designee, in conferral with the Board and School Attorney, if appropriate, will make a final determination and issue a letter of findings to both the complainant and the respondent. 

Nothing in this policy is intended to interfere with legitimate employment decisions.

This policy will be made accessible to all employees in digital/electronic form on an annual basis, including, but not limited to, employees with fiscal accounting and/or money handling responsibilities.

The Board Policy Committee will review this policy annually to evaluate its effectiveness and make revisions, as needed.  

Ref:  Civil Service Law §75-b

Labor Law §740

         8 NYCRR §§102.3, 102.4 (testing misconduct)

         Matter of Brey v. Bd. of Educ., 245 A.D. 2d 613 (3rd Dept. 1997) (termination based on work deficiency, not retaliation)

Adoption date: September 21, 2009

Amended date: April 30, 2018

Amended date: January 22, 2024