Bullying, Harassment, Discrimination, Title IX and DASA

Introduction

Bullying, harassment and discrimination in the District’s educational programs and activities is prohibited by law and by Board Policy. Such conduct is prohibited regardless of whether it is directed at or perpetrated by an employee, volunteer, vendor, other service providers, student or other individuals participating in or attempting to participate in the District’s educational programs and activities. Board Policy also prohibits other inappropriate or unprofessional contact between school District staff, volunteers, vendors and other service providers and students. Reports or complaints of alleged conduct violating these laws and policies will be investigated and, where substantiated, the District will take appropriate corrective action, which may include, but is not limited to, disciplinary action against the offender(s).

Although it can be difficult to step forward, reporting concerns is important to ensure a school environment is free of bullying, harassment, discrimination and inappropriate conduct by adults toward students. The Board of Education and District leadership are committed to fostering a culture of transparency and accountability, in which information-sharing and reporting are valued and critical acts that create a safe and supportive school environment for all. The Board of Education and District leadership are committed to ensuring that all reports are taken seriously and addressed in a manner consistent with applicable law and District policies and regulations.

The Board of Education and District leadership want to know when things might be happening that make the school environment feel uncomfortable or unsafe, so that such conduct can be promptly investigated and addressed. Reporting concerns allows the District to address bullying, harassment, discrimination and/or inappropriate conduct by adults toward students, prevent further harm, and support anyone impacted. No one should feel discouraged from making a report because they are not sure whether the conduct is “bad enough” or because they are worried about the discipline that might result. Retaliation against anyone who makes a report or participates in an investigation is strictly prohibited.

Questions regarding the information on this webpage, District policies or other concerns regarding bullying, harassment, discrimination and/or inappropriate conduct by adults towards students may be directed to the District’s Title IX Coordinator, a Dignity Act Coordinator and/or a building administrator. Contact information for the Title IX Coordinator and Dignity Act Coordinators is provided below in the “Title IX” and “DASA” sections. Contact information for building administrators can be found on each school’s webpage, accessed through the District’s website.

Relevant Laws:

Reporting Concerns & Complaints:

The District takes all reports of bullying, harassment and discrimination, as well as violations of the District’s Appropriate Adult-Student Interactions policy, very seriously and is committed to maintaining a safe, respectful and welcoming environment for all.

Anyone with concerns or who observes, receives a complaint about, or suspects or becomes aware of potential bullying, discrimination or harassment, including sexual harassment, or conduct violating Board Policy 9150 (Appropriate Adult-Student Interactions) is strongly encouraged to make a report immediately through one of the mechanisms outlined below so that appropriate action can be taken. Reports of bullying, harassment or discrimination of staff or students, or others participating or attempting to participate in the District’s educational programs or activities, as well as violations of the District’s Appropriate Adult-Student Interactions policy, may be made orally or in writing at any time. Reports may be made anonymously, though anonymous reports may limit the District’s ability to effectively investigate or respond.

District employees, service providers, vendors, or volunteers with regular student contact are required to make a prompt written report of any conduct or suspicion of conduct constituting bullying, discrimination, or harassment, including sexual harassment, or conduct violating the District’s Appropriate Adult-Student Interactions policy (Board Policy 9150). A failure to make a report when required will be investigated by the District under the applicable policy and may result in disciplinary action.

While this website and Board Policy outline the individuals to whom complaints or reports are best directed, for varying types of conduct, individuals with concerns or information regarding violations should not worry about whether they are directing reports to the correct person. Reports submitted via any of the methods outlined below will be promptly reviewed, and the District will ensure that complaints are forwarded to appropriate personnel, regardless of the submission method.

If you are unsure of how to make a report, have questions about whether a report should be made or need assistance in reporting concerns, please contact the District’s Title IX Coordinator, any Dignity Act Coordinator, any building-level Administrator, or a member of the District’s Central Administration team. Complaints do not need to be submitted to multiple individuals or through multiple means as complaints will be assessed and directed to the appropriate individual, regardless of the mechanism through which they are submitted.

The identity of individuals making reports or complaints, or participating in any investigation process, will be kept confidential to the extent permitted by law. Please see the “Privacy & Confidentiality” section below for more information.

Retaliation is Strictly Prohibited:

Retaliation is not only harmful to the person subjected to it, but to the entire educational environment. Retaliation erodes trust in the reporting process and deters future reporting, creating a culture of silence in which conduct that violates Board Policy and the law can occur without consequence.

Anyone who believes they have experienced or witnessed retaliation is urged to immediately report it to the District’s Title IX Coordinator or any Dignity Act Coordinator so that appropriate action can be taken. Individuals found to have retaliated in violation of these policies will be subject to appropriate disciplinary action.

Privacy & Confidentiality:

The District recognizes that there may be reasons someone is reluctant to make a report, including fear and discomfort, and is committed to respecting the privacy of all individuals involved in a report of bullying, harassment, discrimination and/or conduct violating the District’s Appropriate Adult-Student Interactions policy , including anyone who alleges such conduct, is subjected to such conduct, is accused of such conduct, witnesses such conduct and/or otherwise participates in the investigation or resolution of a report of such conduct, to the extent possible.

If an individual requests that their name not be revealed in the context of an investigation, including to the individual against whom allegations have been made, please be advised that:

If, even after being given notice of this information, the individual still requests that their name not be shared, the District will take all reasonable steps to investigate and respond to the report consistent with this request as long as doing so does not prevent the District from fulfilling its obligations under Board Policy and the law to adequately respond to and prevent violations of Board Policy and law.

Individuals with questions regarding privacy and confidentiality may contact the District’s Title IX Coordinator or Districtwide Dignity Act Coordinator. Contact information for those individuals may be found below.

Supportive Measures/Accommodations:

Once the District has received a report or complaint of bullying, harassment, discrimination and/or conduct violating the District’s Appropriate Adult-Student Interactions policy, impacted individuals will be promptly contacted by the Title IX Coordinator or Dignity Act Coordinators to discuss the availability of supportive measures or accommodations. Potential supportive measures or accommodations include:

Any supportive measures or accommodations that are implemented for students will remain in effect as needed, regardless of whether the targeted student(s) decides to proceed with their complaint or the outcome of any investigation. will be made available to impacted students as long as they are needed, regardless of how a student chooses to proceed following a report or complaint, and regardless of the outcome of any investigation.

Recordkeeping:

The District will maintain all documents and records related to any report, investigation, resolution, and/or appeal of alleged violations of District policies for the period of time required by applicable law and will maintain documents relating to complaints against employees, volunteers or other service providers for, at minimum, the duration of their service with the District. The District will also maintain all documents and records of any response to and investigations of retaliation allegations, including documentation regarding the District’s conclusions, any remedies provided, and/or discipline imposed.

Title IX:

The Board will annually designate a Title IX Coordinator for the District. The District’s Title IX Coordinator plays a critical role in receiving, reviewing and initially responding to all reports of sex discrimination and sexual harassment. The District’s Title IX Coordinator is responsible for answering questions regarding the District’s Title IX and Appropriate Adult-Student Interactions policy (Policy 9150); informing individuals who are alleged to have been subject to sex discrimination or sexual harassment or conduct violating Board Policy 9150 of their rights and the District’s applicable procedures; ensuring that supportive measures are offered and implemented where necessary and appropriate; investigating or overseeing the investigation of allegations of sexual harassment under Board Policy 0111 or violations of Board Policy 9150; ensuring appropriate record keeping; ensuring the effective implementation of any disciplinary sanctions and remedies; overseeing District training in these areas; and keeping the Board informed of complaints involving employees and trends in reports, complaints and outcomes.

Reports of potential sex discrimination, including sexual harassment, may be submitted in any form, including via the email address above. Following receipt of a report, the Title IX Coordinator will contact the individual alleged to have experienced sex discrimination and/or sexual harassment (and/or their parent/legal guardian(s), where that individual is a minor) to provide further information about complaint options, applicable procedures, confidentiality and potential supportive measures.

The District’s Title IX Coordinator, and employees serving or who may serve as investigators, decision-makers and appeals decision-makers receive role-specific training on Title IX, including on the Title IX definition of sexual harassment, the scope of the District’s education program or activity, how to conduct an investigation and the District’s grievance process, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

The District’s Title IX policy, which contains detailed information regarding the formal complaint process, rights of individuals involved in a report or complaint, and investigation procedures, can be found here:

The following materials have been used to train the District’s Title IX Coordinator and other members of the District’s Title IX team:

Any questions about this policy, Title IX and/or other concerns regarding sex discrimination or sexual harassment can be directed to the District’s Title IX Coordinator, whose contact information is listed above.

Sexual Harassment in the Workplace:

New York law provides additional protections for employees against sexual harassment in the workplace.

The District’s Sexual Harassment in the Workplace policy, which includes detailed information regarding prohibited conduct and the District’s investigation procedures, can be found here:

DASA (Bullying, Harassment and Discrimination):

The Dignity for All Students Act (“DASA”) prohibits acts of bullying, harassment and/or discrimination, including cyberbullying, whether by other students or adults, including District employees or volunteers, contractors, service providers or vendors with regular direct student contact, that occur:

Cyberbullying is harassment and/or bullying through any form of electronic communication and so may include, among other things, the use, both on and off school property, of electronic technology, including, but not limited to, e-mail, instant messaging, blogs, chat rooms, pagers, cell phones, gaming systems and social media websites, to harass or bully others.

The purpose of DASA is to ensure that school districts take proactive steps to create safe and welcoming communities and to prevent the occurrence of bullying, harassment and discrimination in the first instance, as well as prevent the reoccurrence of any bullying, harassment or discrimination the school district confirms has occurred. This includes discrimination on the basis of a person's actual or perceived race (including traits historically associated with race, including, but not limited to, hair texture and protective hairstyles such as but not limited to braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (which includes gender identity and/or expression), or sex; and bullying and harassment on those and any other basis.

Consistent with this, the District’s DASA policy outlines the District’s prohibition on bullying, harassment and discrimination of students (whether by other students or adults); the preventive steps the District takes to create a safe school community; and its process to investigate and address reports of bullying, harassment and discrimination.

The Board of Education will annually designate a staff member to serve as the Districtwide Dignity Act Coordinator (“DAC”), who will oversee the District’s compliance with DASA, and the District’s response to DASA complaints, as well as to conduct or directly oversee investigation of reports involving District employees, volunteers, contractors, service providers or vendors.

The Board of Education will also annually designate one or more staff members to serve as DACs at the building level. Building-level DACs are responsible for implementation of DASA in their building, and for receiving and conducting investigations into complaints of DASA violations where the alleged offender is a student. All DACs will be thoroughly trained in human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression), or sex.

Complaints regarding violations of DASA (any bullying, harassment or discrimination toward a student, on any basis) may be submitted in any form, including via the email addresses set forth above. Complaints sent to the above email addresses will be received by the DACs for the relevant building/email address used, as listed above. Complaints should be directed to the building in which the targeted student attends or would attend based on age or grade level (if attending a program outside of the District). District staff will review each complaint and ensure that it is provided to the appropriate personnel, regardless of the email address or reporting method used.

Bullying, harassment, and/or discrimination in violation of DASA and Board Policy may also violate other District policies, including but not limited to Board Policy 0111 (Sexual Harassment Grievances Under Title IX) and Board Policy 9150 (Appropriate Adult-Student Interactions). When a report of bullying, harassment, and/or discrimination is submitted it will be reviewed by the District’s Title IX Coordinator and/or Districtwide DAC, who will determine which District policies and procedures should be used to investigate and resolve the report. The Title IX Coordinator and/or Districtwide DAC will inform the person(s) who experienced the alleged conduct of the policies that will be used to investigate and resolve the report.

The District’s DASA policy and regulation can be found here:

The following materials have been used to train the District’s DACs and other District employees, volunteers, vendors and service providers with regular contact with students:

Questions or concerns, including regarding the DASA complaint process or bullying, harassment or discrimination can be directed to the Districtwide DAC or any building-level DAC.

Appropriate Adult-Student Interactions (Board Policy 9150):

District employees, as well as volunteers, service providers and vendors with regular student contact are prohibited, under any circumstances, from engaging in any inappropriate conduct with students, or any behavior that is unprofessional or could lead to even the appearance of impropriety as outlined in Board Policy 9150, regardless of a student’s age and/or whether or not the student welcomes the behavior and/or reciprocates the attention.

The purpose of this policy is to ensure that adults working with District students remain aware of the power imbalance between students and adults in the District, and the harm that can come from a violation of those boundaries, even if unintentional. Adults working with District students are required to maintain appropriate professional boundaries with students at all times and should not engage in behavior that gives even the appearance of impropriety. Conduct violating student boundaries, or conduct that is prohibited under Board Policy 0111 or 0115, is strictly prohibited, regardless of a student’s age and/or whether or not the student welcomes the behavior and/or reciprocates the attention.

District employees, service providers or volunteers regularly working with students are required to report in writing any observation, report, or suspicion of conduct violating this policy immediately. All others are strongly encouraged to report any conduct of concern. Early reporting allows the District to promptly investigate any concerns and identify and address potentially inappropriate conduct as early as possible.

Reports of conduct violating Board Policy 9150 will be addressed under Board Policy 0111 (Sexual Harassment Grievances Under Title IX) or Board Policy 0115/0115-R (Student Harassment and Bullying Prevention and Intervention). The targeted student, and the student’s parent(s)/legal guardian(s) if a minor, will be promptly contacted and provided with information regarding the applicable policies and procedures, additional complaint options, their rights, and the availability of supportive measures for the student. Additional details regarding the District’s reporting procedures and investigation process can be found in the policy.

The District’s Appropriate Adult-Student Interactions policy can be found here:

The following materials have been used to train District employees, volunteers, vendors and service providers with regular contact with students about the requirements of Board Policy 9150:

Questions or concerns relating to Board Policy 9150, including regarding the reporting or investigation process, can be directed to the District’s Title IX Coordinator.

District’s External Reporting Obligations:

In addition to conducting an internal investigation, the District is legally obligated to report certain conduct to law enforcement and/or other external agencies, including but not limited to:

The District will ensure that all individuals designated as reporters under Article § 23-B of the Education Law are trained on and comply with their obligations under this law to report child abuse in an educational setting. The District shall also ensure the Superintendent of Schools and all building-level administrators are trained on and comply with their obligations under Article § 23-B of the Education Law, including to review reports of child abuse in an educational setting to determine if there is reasonable suspicion that an act of child abuse occurred, and to then notify parent(s)/legal guardian(s), the appropriate law enforcement authorities and OSPRA, as required by law.

The District will ensure the Superintendent of Schools is trained on and complies with their obligations under Part 83 of the Regulations of the Commissioner of Education to file a report with OSPRA upon knowledge that a holder of a New York State teacher certificate has been convicted of a crime or has committed an act that raises a reasonable question about the individual’s moral character.

Please note, the District’s reporting obligations and/or any action taken or not taken by any external agency, do not prohibit the District from taking separate action under its policies, as deemed necessary and appropriate under the circumstances.

Questions regarding the District’s external reporting obligations should be directed to the District’s Title IX Coordinator, whose contact information is provided above.

External Complaint/Reporting Resources:

Bullying, harassment and discrimination and inappropriate conduct by adults toward students that violates professional boundaries are not only prohibited by the District, but may, depending on the nature of the conduct, also be prohibited by state and/or federal law. In addition to reporting concerns to the District, community members may also report concerns to the following external entities:

As noted above, the allegations of certain conduct may trigger the District’s mandated reporting obligations to external agencies.

Applicable Definitions:

The following is a glossary of terms applicable to specific District policies and regulations:

Additional Questions, Comments or Concerns?

Should you have any additional questions, comments or concerns not addressed above, please do not hesitate to contact the District’s Title IX Coordinator, the Districtwide DAC, any building-level DAC or Administrator and/or member of the District’s Central Administration team.