3000 - COMMUNITY RELATIONS
3000 TRANSGENDER AND GENDER NON-CONFORMING
Last Updated Date: 06/15/2021
Adoption Date: 09/08/2015
The Brighton Central School District is committed to providing a safe learning and work environment for all students and adults, including transgender and gender identity students and employees, and to ensuring that every student and employee has equal access to the District’s programs, activities, and systems. Additionally, District policy requires that all school buildings and all personnel promote mutual respect, tolerance, and acceptance among students and staff free from discrimination and harassment on the basis of sex, gender, gender identity, gender nonconformity, and gender expression.
This policy and its procedure will support that effort by facilitating District compliance with local, state and federal laws concerning harassment, intimidation, bullying and discrimination. Accommodations for transgender students will be made on a case-by-case basis and will be based upon the specific circumstances at issue
Definitions
For the purposes of this policy, the District defines certain terms, not as labels, but as functional descriptors meant to promote common understanding:
Cisgender: A person whose gender identity corresponds to their assigned sex at birth.
Biological Sex/Sex: This refers to a person’s internal and external anatomy, chromosomes and hormones.
Gender Identity: Describes a person’s inner sense or psychological knowledge, understanding, interests, outlook, and feelings about being female, male, neither, or both.
Gender Expression: Describes the ways a person conveys their gender identity to others, such as through behaviors, appearance, mannerisms, hairstyle, clothing, and activities.
Transgender: Describes a person whose gender identity is different from their gender assigned at birth. A student or staff member may self-identify as transgender, but this policy establishes criteria that must be met for the District to formally recognize this change.
Gender Non-Conforming (GNC): Describes a person whose gender identity or gender expression does not conform to social or stereotypical expectations of a person with that gender assigned at birth. This is also referred to as gender variant or gender atypical.
Transition: the process by which a person socially or physically aligns their gender expression more closely to their gender identity than their assigned sex at birth.
Harassment & Bullying
As full participants and welcome members of the school community, transgender and gender non-conforming students and employees shall not be subject to harassment or bullying. All members of the school community have an affirmative obligation to create an environment that promotes mutual respect, tolerance, and acceptance among students and staff; and administrators shall investigate and respond to any allege instances of harassment or bullying consistent with the procedures set forth in the District’s Dignity for All Students and Anti-Harassment Policies.
Issues of Privacy
The District recognizes that the process of determining one’s gender identity requires sensitivity and discretion and, to the greatest extent possible, status as transgender or gender non-conforming will be kept confidential. Notwithstanding the foregoing, the student’s/employee’s privacy interests must be balanced against the obligation of school administrators to provide a safe, effective and nurturing learning environment and to keep staff members properly informed so they may respond effectively and appropriately to issues arising in the school.
Information about a student's gender status, legal name, or gender assigned at birth may constitute confidential medical or educational information. Disclosing this information to other students, their parents, or other third parties may violate privacy laws, such as the federal Family Education Rights and Privacy Act (FERPA) (20 U.S.C. §1232; 34 C.F.R. Part 99). Therefore, school personnel shall not disclose an employee’s or student’s transgender or gender non-conforming status to third persons, including, but not limited to, other students, parents, and/or other school personnel, unless (1) legally required to do so (2) the student/employee has authorized such disclosure or (3) as otherwise consistent with this policy. Except as set forth herein, personnel and students, including transgender and gender non-conforming employees and students, shall be afforded the discretion to discuss and express their gender identity and gender expression and to decide when, with whom, and how much information to share with others.
Official School Records (Students)
As required by law, the District will maintain the confidentiality of student information and records. If a transgender or GNC student has officially changed his or her name, as demonstrated by court order or birth certificate, the District will change its official and unofficial records, as needed, to reflect the change. The District will maintain records with the student's assigned birth name in a separate, confidential file.
If a transgender or GNC student has not officially changed his or her name, but wishes to be referred to by a different name that corresponds to their gender identity, the District may create or change both official and unofficial records to reflect the name and gender identity that the student consistently asserts at school.
When necessary to ensure appropriate and coordinated medical care, however, the District will use the student's legal name and gender. Any student identification cards will be issued with the name reflecting the gender identity the student consistently asserts at school. The District will maintain records with the student's assigned birth name and gender in a separate, confidential file.
Names & Pronouns
When apprised of a student's transgender or GNC status, the District will endeavor to engage the student and his or her parents or guardians, as appropriate, in an effort to agree upon a plan that will accommodate the student's individual needs at school. Transgender and GNC students have the right to discuss and convey their gender identity and expression openly and to decide when, with whom, and how much to share this confidential information. The plan may therefore include when and how to initiate the student's preferred name and associated pronoun use and if, when, and how this is communicated to others. District staff will use the name and pronoun that corresponds to the gender identity the student consistently asserts at school. A student is not required to change their official records or obtain a court-ordered name and/or gender change as a prerequisite to being addressed by the name and pronoun that corresponds to their gender identity. When communicating with transgender or gender nonconforming students regarding particular issues such as conduct, discipline, grades, attendance or health, school employees will focus on the conduct or particular issues rather than making assumptions regarding the student’s actual or perceived gender identity. When communicating with parents of transgender or gender nonconforming students, school employees will refrain from the use of gender pronouns and refer to the student by name whenever practicable. The District will not condone the intentional and persistent refusal to respect a student’s gender identity, or inappropriate release of information regarding a student’s transgender status.
When apprised of an employee’s transgender or GNC status, the District will endeavor to engage the staff member, in an effort to agree upon a plan that will accommodate the employee’s individual needs at the district. Transgender and GNC employees have the right to discuss and convey their gender identity and expression openly and to decide when, with whom, and how much to share this confidential information. District personnel and students will use the name and pronoun that corresponds to the gender identity the employee consistently asserts at school.
Restroom Accessibility
Use of restrooms by transgender or gender nonconforming students will be assessed on a case-by-case basis, with the goal of ensuring the student’s safety. No student will be required to use a restroom that conflicts with his or her gender identity, and transgender or gender nonconforming students may be provided use of a gender neutral alternative in some cases. Accessibility will be provided to support student safety based on each student’s individual need.
Any transgender or GNC person requesting increased privacy or other accommodations when using bathrooms or locker rooms will reasonably be provided with a safe and adequate alternative, but they will not be required to use that alternative.
Locker Room Accessibility
Use of locker rooms by transgender or gender nonconforming students will be assessed on a case-by-case basis, with the goal of maximizing transgender or gender nonconforming student social integration, providing an equal opportunity to participate in physical education classes and athletic opportunities and ensuring the student’s safety. Reasonable alternatives to locker room conditions may include, but are not limited to:
Any alternative to locker room conditions will be provided in a manner that allows the student to keep his or her transgender or gender nonconforming status private. No student, however, will be required to use a locker room that conflicts with his or her gender identity.
Participation in Physical Education Classes & Interscholastic Sports (Students)
To the fullest extent permitted by law, transgender and gender-non-conforming students are to be provided the same opportunities to participate in physical education as all other students. To the extent that physical education classes may be organized in gender-specific groups, transgender students shall be entitled to participate with the group that corresponds to their gender identity asserted at school. Gender non-conforming students shall participate with the group that corresponds to his/her sex at birth. Notwithstanding the foregoing, physical education teachers shall have the discretion to group students to accommodate specific student needs and the learning goals of the lesson.
Upon written notification that a transgender or GNC student would like an opportunity to participate in the District's interscholastic athletics program consistent with his or her gender identity, the District will determine his or her eligibility in accordance with applicable law, regulations, and guidelines including those of the New York State Public High School Athletic Association (NYSPHAA). The District will confirm the student's asserted gender identity consistent with NYSPHAA rules and requirements. The student's gender identity should be the same as the identity used for District registration and other school purposes.
The District's athletic director will notify opposing team athletic directors or the New York State Public High School Athletic Association if a student needs any accommodations during competitions. The District’s athletic director shall also attempt to make reasonable accommodations, consistent with this policy, for transgender or gender non-conforming students on visiting teams who require access to bathrooms and locker room facilities at District-owned schools.
Any appeal regarding the District's eligibility decision will be directly to the Commissioner of Education.
Field Trips (Students)
The principal or his/her designee shall make arrangements on a case-by-case basis and to the greatest extent practicable to accommodate transgender or gender non-conforming students who plan to attend an overnight field trip that includes hotel or room-sharing accommodations.
Other Activities
Generally, in other circumstances where students or staff may be sex-segregated, such as overnight field trips or conferences, students and employees may be permitted to participate in accordance with the gender identity that they consistently asserts at school. Privacy concerns will be addressed individually and on a case-by-case basis in accordance with District policy and applicable law, regulations, and guidelines.
Dress Code
Transgender and gender non-conforming students and employees may dress in accordance with their gender identity or expression, provided that their clothing is consistent with the Code of Conduct. The District will not restrict students’ clothing or appearance on the basis of gender.
The District’s dress code applies while its athletes are traveling to and from athlete contests. Athletes will have access to uniforms that are appropriate for their sport.
Other School Activities
In any school activity or other circumstance involving separation by gender (i.e., class discussions, field trips), students will be permitted to participate in accordance with the gender identity they assert at school. Overnight accommodations for transgender or gender nonconforming students will be assessed on a case-by-case basis, with the goal of maximizing transgender or gender nonconforming student social integration and ensuring the student’s safety. Teachers and other school employees will make every effort to separate students based on factors other than gender where practicable.
Discrimination and Harassment Complaints
Discrimination and harassment on the basis of sex, sexual orientation, or gender identity or expression are prohibited within the District. It is the responsibility of each school, the District and all staff to ensure that all students, including transgender and gender non-conforming students, have a safe school environment. The scope of this responsibility includes ensuring that any incident of discrimination or harassment is given immediate attention and/or reported to the school building’s Dignity Act Coordinator.
Complaints alleging discrimination or harassment based on a person’s actual or perceived gender identity or expression are to be taken seriously and handled in the same manner as other discrimination and/or harassment complaints. This includes investigating the incident and taking age and developmentally-appropriate corrective action. Anyone may file a complaint alleging a violation of this policy using the complaint process outlined in the District’s Procedures and Standards Governing Harassment, Intimidation, or Bullying in accordance with Board Policy 7550.
Family Educational Rights and Privacy Act (FERPA), 20 USC § 1232g
34 CFR Part 99
Title IX of the Education Amendments of 1972
Education Law Article 2 and §§ 2-d, 11(7), 3201-a
8 NYCRR § 100.2
Policy References
Family Educational Rights and Privacy Act (FERPA), 20 USC § 1232g
34 CFR Part 99
Title IX of the Education Amendments of 1972
Education Law Article 2 and §§ 2-d, 11(7), 3201-a
8 NYCRR § 100.2
3000 - COMMUNITY RELATIONS
3005 DRONES OR UNMANNED AIRCRAFT SYSTEMS (UAS)
Adoption Date: 10/24/2017
Drones or Unmanned Aircraft Systems (UAS) are permitted on school property solely for instructional purposes, with the prior approval of the Superintendent or his or her designee. To protect the privacy and safety of students, staff, and visitors, the use of drones or UAS for any other purpose is not permitted on school property, including playing fields, spectator and parking areas.
Policy References
3000 - COMMUNITY RELATIONS
3010 THERAPY DOGS
Adoption Date: 09/25/2018
The District supports the use of a therapy dog program for the academic, social and emotional benefit of its students, subject to the conditions of this policy.
Therapy Dog.
A “therapy dog” is a dog that has been individually trained and certified to work with its Owner to provide emotional support, well-being, comfort, or companionship to District students. Therapy dogs are not “service animals” as that term is used in the American with Disabilities Act. The dog must be well behaved and have a temperament that is suitable for interaction with students and others in a public school. Therapy dogs are the personal property of the dog owner and are not owned by the District.
Therapy Dog Standards and Procedures.
Therapy dogs in the school setting will be recommended by the Superintendent and approved by the Board of Education. Prior to recommendation and approval, owners will satisfy the following requirements:
a) Request: An Owner who wants to bring a therapy dog to school must submit a written request form to a principal or superintendent. The request must be renewed each school year or whenever a different therapy dog will be used.
b) Training and Certification: The Owner must submit the American Kennel Club’s Canine Good Citizen Certification or its equivalent as determined by the Superintendent. The certification must remain current at all times.
c) Health and Vaccination: The therapy dog must be clean, well groomed, in good health, house broken, and immunized against diseases common to dogs. The Owner must submit proof of current licensure from the local licensing authority and proof of the therapy dog’s current vaccinations and immunizations and health from a licensed veterinarian.
d) Control: A therapy dog must be under the control of the teacher or school employee through the use of a leash or other tether unless the use of a leash or other tether would interfere with the therapy dog’s safe, effective performance of its work or tasks. However, the therapy dog must be under the owner’s control at all times.
e) Identification: The therapy dog must have appropriate identification identifying it as a therapy dog.
f) No Disruption: The therapy dog must not disrupt the educational process by barking, seeking attention, or any other behavior.
g) Health and Safety: The therapy dog must not pose a health and safety risk to any student, employee, or other person at school.
h) Supervision and Care of Therapy dogs: The Owner is solely responsible for the supervision and care of the therapy dog, including any feeding, exercising, and clean up while the animal is in a school building or on school property. The District is not responsible for providing any care, supervision, or assistance for a therapy dog.
i) Authorized Area(s): The Owner will only allow the therapy dog to be in areas in school buildings or on school property that are authorized by District administrators.
j) Insurance: The Owner must submit to the Business Office a copy of an insurance policy that provides liability coverage for the therapy dog while on school property.
The building principal must notify parents and guardians on an annual basis regarding the presence of therapy dogs in the school building and school grounds.
Exclusion or Removal from School
A therapy dog may be excluded from school property and buildings if an administrator determines that:
a) A handler does not have control of the therapy dog;
b) The therapy dog is not housebroken;
c) The therapy dog presents a direct and immediate threat to others in the school; or
d) The animal’s presence otherwise interferes with the educational process.
The Owner will be required to remove the therapy dog from school premises immediately upon such a determination.
Allergic Reactions
If any student or school employee assigned to a classroom in which a therapy dog is permitted suffers an allergic reaction to the therapy dog, the Owner of the animal will be required to remove the animal to a different location designated by an administrator.
Damages to School Property and Injuries
The Owner of a therapy dog is solely responsible and liable for any damage to school property or injury to personnel, students, or others caused by the therapy dog.
Therapy Dog in Training
This policy will also be applicable to therapy dogs in training that are accompanied by a bona fide trainer.
Policy References
3000 - COMMUNITY RELATIONS
3110 SCHOOL SPONSORED MEDIA
Adoption Date: 06/12/2007
The Communications Coordinator is responsible for the preparation of written news releases concerning the activities within the District, and for reviewing them with the Superintendent prior to release.
In addition, a periodic newsletter may be prepared and mailed to each resident of the School District. Included in the newsletter will be information regarding school activities and other items of interest to the community. The Board accepts the funding obligation for the necessary staff and production costs.
As the official spokesperson, the Superintendent or his/her designee shall issue all oral news releases concerning the District. All statements of the Board will be released through the Office of the Superintendent or from the Board President or his/her designee.
Policy References
3000 - COMMUNITY RELATIONS
3120 RELATIONS WITH THE MUNICIPAL GOVERNMENTS
Last Updated Date: 2/11/14
Adoption Date: 6/12/2007
It is the policy of the Board to establish and maintain a positive working relationship with the governing bodies of the municipality. The Board shall also cooperate with municipal, county and state agencies whose work affects the welfare of the children of the District, including the County Social Service Department, the Board of Health, the Recreation Department, the Public Library, and all community emergency service agencies.
Policy References
3000 - COMMUNITY RELATIONS
3130 SENIOR CITIZENS
Adoption Date: 06/12/2007
The Board of Education will consider school-related programs for senior citizens in accordance with Education Law and/or regulations of the Commissioner of Education. Such programs include special use of school buildings, school lunches and partial tax exemptions.
Policy References
Education Law Sections 1501-b(1)(a), 1501-b(1)(b), and
1709(22)
Real Property Tax Law Section 46
3000 - COMMUNITY RELATIONS
3140 FLAG DISPLAY
Adoption Date: 06/12/2007
In keeping with State Education Law and Executive Law, the Board of Education accepts its duty to display the United States flag upon or near each public school building during school hours, weather permitting, and such other times as the statutes may require or the Board may direct.
When ordered by the President, Governor, or local official, to commemorate a tragic event or the death of an outstanding individual, the flag shall be flown at half-staff. The Superintendent's approval shall be required for the flag to be flown at half-staff upon any other occasion. Regulations for seeking such approval shall be established in the Administrative Manual of the District.
The flag shall be displayed in every assembly room (i.e., the auditorium) including the room where the Board of Education meetings are conducted, as well as displayed in all rooms used for
instruction.
Policy References
Education Law Sections 418 and 419
Executive Law Sections 402 and 403
8 New York Code of Rules and Regulations (NYCRR)
Sections 108.1-108.3
3000 - COMMUNITY RELATIONS
3150 SCHOOL VOLUNTEERS
Adoption Date: 06/12/2007
Refer also to Policy #6540 -- Defense and Indemnification of Board Members and Employees
The Board recognizes the need to develop a school volunteer program to support District instructional programs and extracurricular activities. The purpose of the volunteer program will be to:
a) Assist employees in providing more individualization and enrichment of instruction;
b) Build an understanding of school programs among interested citizens, thus stimulating widespread involvement in a total educational process;
c) Strengthen school/community relations through positive participation. Volunteers are persons who are willing to donate their time and energies to assist Principals, teachers, and other school personnel in implementing various phases of school programs.
Volunteers shall serve in that capacity without compensation or employee benefits except for liability protection under the District's insurance program.
Policy References
Volunteer Protection Act of 1997,
42 United States Code (USC) Section 14501 et seq.
Education Law Sections 3023 and 3028
Public Officers Law Section 18
3000 - COMMUNITY RELATIONS
3210 VISITORS TO THE SCHOOL
Last Updated Date: 2/12/2014
Adoption Date: 6/12/2007
Revisions History: 2/11/2014
The Board of Education recognizes the public nature of district schools and grounds, and as much as possible, attempts to make them available for public use. Nonetheless, the safety and security of our children and staff, and recognition that school facilities must primarily be reserved for the educational needs of our students, require that district policies and practices place some limits on public access to schools and grounds.
All visitors shall be required to enter each school building through main entrances only and be prepared to follow the protocol of the district's visitor management system to ensure the safety and security of our students and staff. The purpose of the Raptor Visitor Management System is to enhance building security and ensure that each visitor has legitimate business with the school district.
Visitations to classrooms for any purpose require permission in advance from the Building Principal, or his/her designee, in order to allow teachers the opportunity to arrange their schedules to accommodate such requests.
When individual Board members visit the schools outside of their official duties as Board of Education members, they must abide by the regulations and procedures developed by the
administration regarding school visits.
The Brighton Central School District, in partnership with the Brighton Police Department has established a uniform visitor control standard with required procedures that all schools must implement and include in their School Safety Plans.
Refer to Policy #2210 -- Committees of the Board for visitation of school buildings by Board of Education members in their official capacity as Board members.
Policy References
2/11/2014
3000 - COMMUNITY RELATIONS
3215 USE OF SERVICE ANIMALS
Last Updated Date: 5/31/2016
Adoption Date: 6/12/2007
Revisions History: 5/24/2016
The Board allows the use of service animals on school grounds by individuals with disabilities, subject to restrictions permitted by federal and/or state law, and procedures established by the Superintendent of Schools or his/her designee.
A service animal is defined as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals.
The work or tasks performed by a service animal must be directly related to the individual's disability. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. Psychiatric service animals that have been trained to take a specific action to help avoid an anxiety attack or reduce its effects, however, may qualify as a service animal.
The Superintendent of Schools or his/her designee may create regulations and/or building-specific rules regarding the use of service animals on school grounds by individuals with disabilities.
Policy References
5/24/2016
3000 - COMMUNITY RELATIONS
3220 PUBLIC EXPRESSION AT MEETINGS
Adoption Date: 06/12/2007
Refer also to Policy #1730 -- Executive Sessions
All meetings of the Board shall be conducted in public, and the public has the right to attend all such meetings. Public expression at such meetings shall be encouraged and a specific portion of the agenda shall provide for this privilege of the floor. At its discretion, the Board may invite visitors to its meetings to participate in the Board's discussion of matters on the agenda.
The Board of Education reserves the right to enter into executive session as specified in Policy #1730 -- Executive Sessions.
Policy References
3000 - COMMUNITY RELATIONS
3225 SPEAKERS AT DISTRICT OR SCHOOL SPONSORED EVENTS
Adoption Date: 01/21/2020
SUBJECT: Speakers at District or School Sponsored Events
Persons from outside the district are often invited to speak at various district or school-sponsored events. The Board has established parameters for outside speakers that publicly speak at school events, including graduation, assemblies, and other similar activities.
Outside Speakers
The Board, superintendent, principals or teachers may invite speakers from outside the district to speak at classes, graduation, assemblies, professional development programs for district employees or the Board, or similar events. For the purposes of this policy, outside speakers are those who are not students, district officials or employees.
Any event at which outside speakers are invited to speak is considered a nonpublic forum, and the content of the speech is limited to the purpose of the forum and the specific topic or theme the speaker is directed to address. The presentation must be appropriate for the participants in the class, graduation, assemblies, professional development program, and when applicable, for any parents/guardians and other children who may attend. Outside speakers may not engage in speech that is prohibited, as described in Policies 7370 and 8331.
Building administrators are responsible for approving and monitoring the use of outside speakers in their buildings for classroom or schools sponsored events or activities, and may revoke an invitation or stop a presentation if the speaker is in violation of this policy or for any legal reason. The speaker must have the education, training, or experience to discuss the topic(s) chosen for presentation. For each speaker, the principal or designee overseeing the event may set a maximum time limit that is reasonable and appropriate to the occasion. All curricular activities including outside speakers must be planned in accordance with the following criteria: specific educational goals; the age of participating students; and the health, welfare, and safety of all persons within the school.
Outside speakers at meetings of student-initiated groups are subject to the same rules as other outside speakers who speak at district or school sponsored events.
The Superintendent is authorized to develop procedures for the implementation of this policy.
Disclaimer Required
At all graduation ceremonies or other district or school sponsored events, the district will state in writing, orally, or both that the outside speaker’s speech does not reflect the endorsement, sponsorship, position, or expression of the district. The following statement may be used: "The speaker at this event was selected to speak based on neutral criteria. Unless otherwise indicated, the content of the message is the private expression of the individual and does not reflect the endorsement, sponsorship, position, or expression of the district."
Policy References: Policy 7370 – Student Expression
Policy 8331 – Controversial Issues
Policy 7411 - Censorship of School Sponsored Student Publications and Activities
Policy References
3000 - COMMUNITY RELATIONS
3230 PUBLIC COMPLAINTS
ADOPTED 6/12/2007
Refer also to Policies #8330 -- Objection to Instructional Materials
#8331 -- Controversial Issues
Complaints by citizens regarding any facet of the school operation often can be handled more satisfactorily by the administrative officer in charge of the school or department closest to the source of the complaint. In most instances, therefore, complaints will be made to the Building Principal and/or his/her assistant if the matter cannot be resolved by the teacher, coach, or other school employee.
If the complaint and related concerns are not resolved at this level to the satisfaction of the complainant, the complaint may be directed to the Superintendent and/or one of his/her assistants. Unresolved complaints at the building level must be reported to the Superintendent by the Building Principal. The Superintendent may require the statement of the complainant in writing.
If the complaint and related concerns are not resolved at the Superintendent level to the satisfaction of the complainant, the complaint may be directed to the Board of Education. Unresolved complaints at the Superintendent level must be reported to the Board of Education by the Superintendent. The Board of Education reserves the right to require prior written reports from appropriate parties.
Policy References
3000 - COMMUNITY RELATIONS
3240 STUDENT PARTICIPATION
Adoption Date: 06/12/2007
Students provide an important channel of communication with parents and the entire community. Information concerning the schools may be properly disseminated through students. The School District's administrators shall review all messages and materials prior to authorizing their dispersal through the student body.
Policy References
3000 - COMMUNITY RELATIONS
3250 PARENT-TEACHER-STUDENT ASSOCIATION
Adoption Date: 06/12/2007
The Board of Education recognizes that the goal of the Parent-Teacher-Student Association is to develop a united effort between educators and the general public to secure for every child the highest achievement in physical, academic and social education. Therefore, staff members and parents are encouraged to join the Parent-Teacher-Student Association and to participate actively in its programs.
Policy References
3000 - COMMUNITY RELATIONS
3260 BOOSTER CLUBS
Adoption Date: 06/12/2007
Booster clubs or other related organizations may be created to promote community support and to raise funds for specific school activities or programs. These groups must receive official Board approval and may not discriminate on the basis of sex, sexual orientation, color, national origin, ethnic background, disability, religion or any other arbitrary criteria.
Rules will be established to govern the activities of booster clubs and other related organizations. The Board further requires that:
a) Financial records be maintained and made available, upon request, for Board of Education inspection;
b) Fundraising activities shall require previous approval of the Board, or its designee, at least thirty (30) days prior to the start of the activity; and
c) Groups wishing to make a contribution adhere to the District's policy and regulations regarding the acceptance of gifts.
Violations to District policy may result in the dissolution of the club or organization.
Civil Rights Law Section 40-c
Prohibits discrimination on the basis of race, creed, color, national origin, sex, marital status, sexual orientation or disability.
Policy References
3000 - COMMUNITY RELATIONS
3271 SOLICITATION OF CHARITABLE DONATIONS FROM SCHOOL CHILDREN
Refer also to Policy #7450 -- Fund Raising by Students
Direct solicitation of charitable donations from children in the District schools on school
property during regular school hours shall not be permitted. It will be a violation of District policy to ask District school children directly to contribute money or goods for the benefit of a charity during the hours in which District students are compelled to be on school premises.
However, this policy does not prevent the following types of fund raising activities:
a) Fund raising activities which take place off school premises, or outside of regular school
hours during before-school or after-school extracurricular periods;
b) Arms-length transactions, where the purchaser receives a consideration for his/her
For example, the sale of goods or tickets for concerts or social events, where the
proceeds go to charity, shall not be prohibited as the purchaser will receive consideration -
the concert or social event - for the funds expended;
c) Indirect forms of charitable solicitation on school premises that do not involve coercion,
such as placing a bin or collection box in a hallway or other common area for the donation
of food, clothing, other goods or money. However, collection of charitable contributions of
food, clothing, other goods or funds from students in the classroom or homeroom is
The Board of Education shall ultimately decide which organizations, groups, etc. can solicit
charitable donations and for what purposes, as long as the activities comply with the terms of this policy and the Rules of the Board of Regents.
Regulations shall be developed by the administration to implement this policy.
Policy References
New York State Constitution Article 8, Section 1
Education Law Section 414
8 New York Code of Rules and Regulations (NYCRR)
Section 19.6
3000 - COMMUNITY RELATIONS
3272 ADVERTISING IN THE SCHOOLS
Adoption Date: 06/12/2007
Neither the facilities, the staff, nor the students of the School District shall be employed in any manner for advertising or otherwise promoting the interests of any commercial, political, or other nonschool agency, individual or organization, except that:
a) Schools may cooperate in furthering the work of any non-profit, community-wide, social service agency, provided that such cooperation does not restrict or impair the educational
program of the schools or conflict with Section 19.6 of the Rules of the Board of Regents;
b) The schools may use films or other educational materials bearing only simple mention of the producing firm;
c) The Superintendent of Schools may, at his/her discretion, announce or authorize to be announced, any lecture or other community activity of particular educational merit;
d) The schools may, upon approval of the Superintendent of Schools, cooperate with any agency in promoting activities in the general public interest that are non-partisan and noncontroversial, and that promote the education and other best interests of the students.
No materials of a commercial nature shall be distributed through the children in attendance in the Brighton Central School District except as authorized by law or the Commissioner's Regulations.
Policy References
New York State Constitution Article 8, Section 1
8 New York Code of Rules and Regulations (NYCRR)
Section 19.6
3000 - COMMUNITY RELATIONS
3273 SOLICITING FUNDS FROM SCHOOL PERSONNEL
Adoption Date: 06/12/2007
Soliciting of funds from school personnel by persons or organizations representing public or private organizations shall be prohibited. The Superintendent of Schools shall have the authority to make exceptions to this policy in cases where such solicitation is considered to be in the District's best interest. The Board of Education shall be notified of these instances.
Policy References
3000 - COMMUNITY RELATIONS
3280 USE OF SCHOOL FACILITIES, MATERIALS AND EQUIPMENT
Last Updated Date: 2/12/2014
Adoption Date: 2/11/14
Revisions History: 2/11/14
Refer also to Policies #3410 -- Code of Conduct on School Property
#5640 -- Smoking/Tobacco Use
#7310 -- School Conduct and Discipline
#7320 -- Alcohol, Tobacco, Drugs and Other Substances (Students)
#7410 -- Extracurricular Activities
District Code of Conduct on School Property
School Buildings
Use of school buildings, grounds and other property ( "school facilities ") will generally be limited to community organizations. A group is considered as a "community organization " if a
majority of those who constitute the group or a majority of those participating in or attending the activity are residents of the School District, pupils or the families of pupils who attend the District Schools, or employees of the School District.
It is the policy of the Board to encourage the use of school buildings for community-wide activities. This is meant to include those uses permitted by New York State law. Groups wishing to use the school facilities must secure written permission from the Board of Education or its designee and abide by the rules and regulations established for such use including restrictions on alcohol, tobacco and drug use.
The District reserves the right to charge a fee for the use of its facilities in a manner consistent with law, and on terms specified in regulation or by agreement with such organizations.
Materials and Equipment
Except when used in connection with or rented under provisions of Education Law Section 414, school-owned materials or equipment may be used by for school-related purposes only. Private and/or personal use of school-owned materials and equipment is strictly prohibited.
The Board will permit school materials and equipment to be loaned to staff members when such use is directly or peripherally related to their employment and to students when the material and equipment is to be used in connection with their studies or extracurricular activities. Community members will be allowed to use school-owned materials and equipment only for educational purposes that relate to school operations.
Administrative regulations will be developed to assure the lender's responsibility for, and return of, all such materials and equipment.
Refer to Policy 3281 - Use of Facilities by the Boys Scouts of America and Patriotic Youth Groups
Policy References
2/11/14
3000 - COMMUNITY RELATIONS
3281 USE OF FACILITIES BY THE BOY SCOUTS OF AMERICA AND PATRIOTIC YOUTH GROUPS
Adoption Date: 06/12/2007
To the extent the District receives funds made available through the United States Department of Education and maintains a "designated open forum" or a "limited public forum," as those terms are defined in federal regulation, it will not deny any group officially affiliated with the Boy Scouts of America or any other patriotic youth group listed in Title 36 of the United States Code equal access or a fair opportunity to meet. Likewise, the District will not discriminate against any such group that requests to conduct a meeting within the District's designated open forum or limited public forum, including denying such access or opportunity or discriminating for reasons based on the group's membership or leadership criteria or oath of allegiance to God and country.
The District will provide groups officially affiliated with the Boy Scouts of America or other Title 36 patriotic youth group access to facilities and the ability to communicate using school-related means of communication on terms that are no less favorable than the most favorable terms provided to other outside youth or community groups.
The District is not required to sponsor any group officially affiliated with Boy Scouts or any other Title 36 patriotic youth group.
Refer also to Policy 3280 -- Use of School Facilities, Materials, and Equipment
Policy References
20 USC Section 7905
36 USC Subtitle II
34 CFR Parts 75, 76 and 108
3000 - COMMUNITY RELATIONS
3290 OPERATION OF MOTOR-DRIVEN VEHICLES ON DISTRICT PROPERTY
Adoption Date: 06/12/2007
The use of motor-driven vehicles, including cars, snowmobiles, mini-bikes, motorcycles, all-terrain vehicles (ATV's) and other such vehicles is prohibited on any school grounds or areas except for authorized school functions or purposes.
A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place.
Student Vehicles on School Property
The ability of a student to drive to school and park on District property is a privilege granted by the District to those students who abide by the rules and regulations applicable to the parking of student vehicles on District property. Such regulations shall include, but not limited to, the requirement that all student vehicles are to be registered with the District, that vehicles must be parked in designated areas, and that vehicles may be removed only at certain times during the school day.
Policy References
Education Law Section 2801(1)
Vehicle and Traffic Law Section 1670
3000 - COMMUNITY RELATIONS
3310 PUBLIC ACCESS TO RECORDS
Last Updated Date: 7/3/2012
Adoption Date: 6/12/2007
Revisions History: 12/12/2007
Access to records of the District shall be consistent with the rules and regulations established by the State Committee on Open Government and shall comply with all the requirements of the New York State Public Officers Law Section 87.
The District shall respond to a request within five (5) business days of the receipt of a request. Should all or part of the request need to be denied, the District shall respond in the manner set forth by the rules and regulations stipulated by the Committee on Open Government.
A Records Access Officer shall be designated by the Superintendent, subject to the approval of the Board of Education, who shall have the duty of coordinating the School District's response to public request for access to records.
Regulations and procedures pertaining to accessing District records shall be as indicated in the School District Administrative Manual.
Requests for Records via E-mail
The District shall accept requests for records submitted in the form of electronic mail and respond to such requests by electronic mail using the forms supplied by the District. This information shall be posted on the District website, clearly designating the e-mail address for purposes of receiving requests for records via this format.
When the District maintains requested records electronically, the response shall inform the requester that the records are accessible via the internet and in printed form either on paper or other information storage medium. If the District has the capability to retrieve electronic records, it must provide such records electronically upon request.
Board of Education Meetings and Records
District records subject to release under the FOIL, as well as any proposed rule, regulation, policy or amendment, that are on the Board agenda and scheduled to be discussed at a Board meeting, shall be made available upon request, to the extent practicable, prior to the meeting. Copies of such records may be made available for a reasonable fee. If the District maintains a regularly updated website and utilizes a high-speed internet connection, such records may be posted on the Website to the extent practicable, prior to the meeting. The District is not required to expend additional funds to provide such records.
Policy References
12/12/2007
3000 - COMMUNITY RELATIONS
3320 CONFIDENTIALITY OF COMPUTERIZED INFORMATION
Adoption Date: 06/12/2007
The development of centralized computer banks of educational data gives rise to the question of the maintenance of confidentiality of such data while still conforming to the New York State Freedom of Information Law. The safeguarding of confidential data from inappropriate use is essential to the success of the District's operation. Access to confidential computerized data shall be limited only to authorized personnel of the School District.
It shall be a violation of the District's policy to release confidential computerized data to any unauthorized person or agency. Any employee who releases or otherwise makes improper use of such computerized data shall be subject to disciplinary action.
However, if the computerized information sought is available under the Freedom of Information Law and can be retrieved by means of existing computer programs, the District is required to disclose such information.
Policy References
Family Educational Rights and Privacy Act of 1974
20 United States Code (USC) 1232(g)
34 Code of Federal Regulations (CFR) Part 99
Public Officers Law Section 84 et seq.
3000 - COMMUNITY RELATIONS
3410 CODE OF CONDUCT ON SCHOOL PROPERTY
Last Updated Date: 04/09/2024
Adoption Date: 6/12/2007
Revisions History: 7/6/2010, 06/14/2011, 07/02/2012, 07/30/2013, 11/05/2013
The District has developed and will amend, as appropriate, a written Code of Conduct for the maintenance of order on school property and at school functions. The Code will govern the conduct of students, teachers, and other school personnel, as well as visitors and vendors. The Board will further provide for the enforcement of this Code of Conduct.
For purposes of this policy, and the Code of Conduct, 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 the District's elementary or secondary schools, or in or on a school bus; and a school function means a school-sponsored extracurricular event or activity regardless of where the event or activity takes place.
The District Code of Conduct has been developed in collaboration with student, teacher, administrator, and parent organizations, school safety personnel, and other school personnel.
The District Code of Conduct will be adopted by the Board only after at least one public hearing that provided for the participation of school personnel, parents or persons in parental relation, students, and any other interested parties.
The District Code of Conduct will be reviewed on an annual basis, and updated as necessary in accordance with law. The District may establish a committee to facilitate review of its Code of Conduct and the District's response to violations. The Board will reapprove any updated Code of Conduct or adopt revisions only after at least one public hearing that provides for the participation of school personnel, parents or persons in parental relation, students, and any other interested parties. The District will file a copy of its Code of Conduct and any amendments with the Commissioner, in a manner prescribed by the commissioner, no later than 30 days after their respective adoptions.
The Board will ensure community awareness of its Code of Conduct by:
a) Posting the complete Code of Conduct on the Internet website, if any, including any annual updates and other amendments to the Code;
b) Providing copies of a summary of the Code of Conduct to all students in an age-appropriate version, written in plain language, at a school assembly to be held at the beginning of each school year;
c) Providing a plain language summary of the Code of Conduct to all parents or persons in parental relation to students before the beginning of each school year and making the summary available thereafter upon request;
d) Providing each existing teacher with a copy of the complete Code of Conduct and a copy of any amendments as soon as practicable following initial adoption or amendment. New teachers will be provided a complete copy of the current Code of Conduct upon their employment; and
e) Making complete copies available for review by students, parents, or persons in parental relation to students, other school staff, and other community members.
Education Law Article 2, Sections 801-a, 2801, and 3214
Family Court Act Articles 3 and 7
Vehicle and Traffic Law Section 142
8 NYCRR Section 100.2
NOTE: Refer also to District Code of Conduct
Adopted: April 9, 2024
Policy References
Education Law Sections 11(8), 801-a, 2801 and 3214
Family Court Act Articles 3 and 7
Vehicle and Traffic Law Section 142
8 New York Code of Rules and Regulations (NYCRR)
Section 100.2
3000 - COMMUNITY RELATIONS
3411 WEAPONS ON SCHOOL GROUNDS
Last Updated Date: 6/10/2014
Adoption Date: 6/12/2007
Revisions History: 4/8/2014
Refer also to Policy #7360 - Weapons in School and the Gun-Free Schools Act
#3410 - Code of Conduct on School Property
#7313 - Suspension of Students
With the exception of law enforcement officers, as permitted by law, and individuals who have the express written permission of the Board of Education or its designee, no person may have in his/her possession any weapon on school grounds, in any District building, on a school bus or District vehicle, or at any school-sponsored activity or setting under the control and supervision of the District. This prohibition shall include, but not be limited to: any of the objects or instruments referred to in Section 265.01 of the New York State Penal Law; any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge; and any object that could be considered a reasonable facsimile of a weapon.
Policy References
4/8/2014
3000 - COMMUNITY RELATIONS
3412 ACTS OR THREATS OF VIOLENCE IN SCHOOL
Last Updated Date: 4/30/2010
Adoption Date: 6/12/2007
The Brighton Central School District is committed to the prevention of violence against any individual or property in the schools or at school activities whether such acts and/or threats of violence are made by students, staff, or others. Threats of violence against students, school personnel and/or school property will not be tolerated whether or not such threats occur on school grounds or during the school day.
While acknowledging an individual's constitutional rights, including free speech and applicable due process rights, the District refuses to condone acts and/or threats of violence which threaten the safety and well being of staff, students and the school environment. Employees and students shall refrain from engaging in physical actions or making threatening statements which create a hostile or threatening environment or a safety hazard for others.
Any acts and/or threats of violence, including bomb threats, whether made orally, in writing, or by electronic communication, shall be subject to appropriate disciplinary action in accordance with applicable law, District policies and regulations, as well as the District Code of Conduct on School Property and collective bargaining agreements, as applicable. When disciplining students, the District shall consider the age and capabilities of the child. All staff who are made aware of physical acts and/or threats of violence directed to students, staff, or school facilities are to report such incidents to the Building Principal/designee, who shall report such occurrences to the Superintendent. Additionally, the Building Principal/designee will also report occurrences of violence, whether involving an actual confrontation or threat of potential violence, to the student's parents/guardians, school psychologist and/or counselor and the Director for Pupil Personnel Services if applicable. Local law enforcement agencies may be called as necessary upon the determination of the Superintendent/designee.
Students are to report all acts and/or threats of violence, including threats of suicide, of which they are aware to a faculty member or the Building Principal.
The District reserves the right to seek restitution, in accordance with law, from the parent/guardian and/or student for any costs or damages which had been incurred by the District as a result of the threats or acts of violence in the schools.
Policy References
3000 - COMMUNITY RELATIONS
3413 TRESPASSING AND LOITERING
Last Updated Date: 4/30/2010
Adoption Date: 6/12/2007
Prohibition
No person may enter, remain or loiter in a school building or remain or loiter on school grounds unless that person:
a) Has written permission from the Building Principal, Assistant Principal, Superintendent or his/her designee, or
b) Is present by reason of a relationship involving custody of or responsibility for a student, or
c) Is present for a legitimate business or other purpose relating to the operation of the school, or
d) Is attending or participating in an authorized school function or activity, or is attending or participating in a function or activity permitted by the School District to take place on its
School Grounds
School grounds shall include all property owned by the School District and any property which the School District has the right to use.
Transportation Upon School Grounds
Loitering and remaining upon School District grounds also includes being present on school grounds while operating or riding in or on any form of motorized or non-motorized vehicle or other form of transportation. Motor vehicles not licensed for highway use are prohibited on school property.
Exclusions
This policy shall not apply to occasional recreational use of non-motorized forms of transportation during the normal daylight hours provided it does not interfere with the District's use of school property. However, skateboarding and stunt bicycling are not permitted on school property.
Violations
Violators may be prosecuted to the fullest extent of the law.
Policy References
3000 - COMMUNITY RELATIONS
3420 NON DISCRIMINATION AND ANTI-HARASSMENT IN THE SCHOOL DISTRICT
Last Updated Date: 11/09/2021
Adoption Date: 06/12/2007
NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE DISTRICT
Overview
The District is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses complaints of discrimination and/or harassment made under applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, or other document such as the District's Code of Conduct. It is just one component of the District's overall commitment to maintaining a discrimination and harassment-free educational and work environment.
In accordance with applicable federal and state laws and regulations, the District does not discriminate on the basis of any legally protected class or category in its education programs and activities or when making employment decisions. Further, the District prohibits discrimination and harassment on school property and at school functions on the basis of any legally protected class including, but not limited to:
a)Race;
b)Color;
c)Religion;
d)Disability;
e)National origin;
f)Sexual orientation;
g)Gender identity or expression;
h)Military status;
i)Sex;
j)Age; and
k)Marital status.
The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of discrimination and/or harassment. The District will promptly respond to reports of discrimination and/or harassment, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections, and impose disciplinary measures and implement remedies when warranted.
Inquiries about this policy may be directed to the District's Civil Rights Compliance Officer(s) (CRCO(s)).
Scope and Application
This policy outlines the District's general approach to addressing complaints of discrimination and/or harassment. This policy applies to the dealings between or among the following parties on school property and at school functions:
a)Students;
b)Employees;
c)Applicants for employment;
d)Paid or unpaid interns;
e)Anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or other person providing services pursuant to a contract in the workplace;
f)Volunteers; and
g)Visitors or other third parties.
Further, discrimination and/or harassment that occurs off school property and somewhere other than a school function can disrupt the District's educational and work environment. This conduct can occur in-person or through phone calls, texts, emails, or social media. Accordingly, conduct or incidents of discrimination and/or harassment that create or foreseeably create a disruption within the District may be subject to this policy in certain circumstances.
Other District policies and documents such as regulations, procedures, collective bargaining agreements, and the District's Code of Conduct may address misconduct related to discrimination and/or harassment and may provide for additional, different, or more specific grievance procedures depending on a number of factors including, but not limited to, who is involved, where the alleged discrimination and/or harassment occurred, and the basis of the alleged discrimination and/or harassment. These documents must be read in conjunction with this policy.
The dismissal of a complaint under one policy or document does not preclude action under another related District policy or document.
Definitions
For purposes of this policy, the following definitions apply:
a)"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 any District elementary or secondary school, or in or on a school bus or District vehicle.
b)"School function" means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place virtually or in another state.
What Constitutes Discrimination and Harassment
Determinations as to whether conduct or an incident constitutes discrimination and/or harassment will be made consistent with applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, or other document such as the District's Code of Conduct. These determinations may depend upon a number of factors, including, but not limited to: the particular conduct or incident at issue; the ages of the parties involved; the context in which the conduct or incident took place; the relationship of the parties to one another; the relationship of the parties to the District; and the protected class or characteristic that is alleged to have been the basis for the conduct or incident. The examples below are intended to serve as a general guide for individuals in determining what may constitute discrimination and/or harassment. These examples should not be construed to add or limit the rights that individuals and entities possess as a matter of law.
Generally stated, discrimination consists of the differential treatment of a person or group of people on the basis of their membership in a legally protected class. Discriminatory actions may include, but are not limited to refusing to promote or hire an individual on the basis of his or her membership in a protected class; denying an individual access to facilities or educational benefits on the basis of his or her membership in a protected class; or impermissibly instituting policies or practices that disproportionately and adversely impact members of a protected class.
Generally stated, harassment consists of subjecting an individual, on the basis of his or her membership in a legally protected class, to unwelcome verbal, written, or physical conduct which may include, but is not limited to: derogatory remarks, signs, jokes, or pranks; demeaning comments or behavior; slurs; mimicking; name calling; graffiti; innuendo; gestures; physical contact; stalking; threatening; bullying; extorting; or the display or circulation of written materials or pictures.
This conduct may, among other things, have the purpose or effect of: subjecting the individual to inferior terms, conditions, or privileges of employment; creating an intimidating, hostile, or offensive environment; substantially or unreasonably interfering with an individual's work or a student's educational performance, opportunities, benefits, or well-being; or otherwise adversely affecting an individual's employment or educational opportunities. Petty slights or trivial inconveniences generally do not constitute harassing conduct.
Civil Rights Compliance Officer
*The District has designated the following District employee(s) to serve as its CRCO(s):
Louis Alaimo, Assistant Superintendent for Administration
Lisa Hartman, Director of Human Resources
The CRCO(s) will coordinate the District's efforts to comply with its responsibilities under applicable non-discrimination and anti-harassment laws and regulations including, but not limited to: the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and the Age Discrimination Act of 1975.
Where appropriate, the CRCO(s) may seek the assistance of other District employees, such as the District's Title IX Coordinator(s) or Dignity Act Coordinator(s) (DAC(s)), or third parties in investigating, responding to, and remedying complaints of discrimination and/or harassment.
Reporting Allegations of Discrimination and/or Harassment
Any person may report discrimination and/or harassment regardless of whether they are the alleged victim or not. Reports may be made in person, by using the contact information for the CRCO, or by any other means that results in the CRCO receiving the person's oral or written report. This report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the CRCO.
Reports of discrimination and/or harassment may also be made to any other District employee including a supervisor or building principal. All reports of discrimination and/or harassment will be immediately forwarded to the CRCO. Reports may also be forwarded to other District employees depending on the allegations.
All District employees who witness or receive an oral or written report of discrimination and/or harassment must immediately inform the CRCO. Failure to immediately inform the CRCO may subject the employee to discipline up to and including termination.
In addition to complying with this policy, District employees must comply with any other applicable District policy, regulation, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct. Applicable documents include, but are not limited to, the District's policies, regulations, and procedures related to Title IX, sexual harassment in the workplace, and the Dignity for All Students Act (DASA).
If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.
Grievance Process for Complaints of Discrimination and/or Harassment
The District will act to promptly, thoroughly, and equitably investigate all complaints, whether oral or written, of discrimination and/or harassment based on any legally protected class and will promptly take appropriate action to protect individuals from further discrimination and/or harassment. The CRCO will oversee the District's investigation of all complaints of discrimination and/or harassment. In the event an anonymous complaint is filed, the District will respond to the extent possible.
If an investigation reveals that discrimination and/or harassment based on a legally protected class has occurred, the District will take immediate corrective action as warranted. This action will be taken in accordance with applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, collective bargaining agreement, third-party contract, or other document such as the District's Code of Conduct.
Knowingly Makes False Accusations
Any employee or student who knowingly makes false accusations against another individual as to allegations of discrimination and/or harassment will face appropriate disciplinary action.
Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection)
The District prohibits retaliation against any individual because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing related to a complaint of discrimination and/or harassment.
Complaints of retaliation may be directed to the CRCO. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.
Where appropriate, follow-up inquiries will be made to ensure that the discrimination and/or harassment has not resumed and that those involved in the investigation have not suffered retaliation.
Confidentiality
To the extent possible, all complaints will be treated as confidential. Disclosure may be necessary in certain circumstances such as to complete a thorough investigation and/or notify law enforcement officials. All disclosures will be in accordance with law and regulation.
Training
In order to promote familiarity with issues pertaining to discrimination and harassment in the District, and to help reduce incidents of prohibited conduct, the District will provide appropriate information and/or training to employees and students. As may be necessary, special training will be provided for individuals involved in the handling of discrimination and/or harassment complaints.
Notification
Prior to the beginning of each school year, the District will issue an appropriate public announcement or publication which advises students, parents or legal guardians, employees, and other relevant individuals of the District's established grievance process for resolving complaints of discrimination and/or harassment. This announcement or publication will include the name, office address, telephone number, and email address of the CRCO(s). The District's website will reflect current and complete contact information for the CRCO(s).
A copy of this policy and its corresponding regulations and/or procedures will be available upon request and will be posted and/or published in appropriate locations and/or District publications.
Additional Provisions
Regulations and/or procedures will be developed for reporting, investigating, and remedying allegations of discrimination and/or harassment.
42 USC § 1324b
Age Discrimination Act of 1975, 42 USC § 6101 et seq.
Age Discrimination in Employment Act of 1967 (ADEA), 29 USC § 621 et seq.
Americans with Disabilities Act (ADA), 42 USC § 12101 et seq.
Equal Educational Opportunities Act of 1974, 20 USC § 1701 et seq.
Genetic Information Non-Discrimination Act (GINA), 42 USC § 2000ff et seq.
National Labor Relations Act (NLRA), 29 USC § 151 et seq.
Section 504 of the Rehabilitation Act of 1973, 29 USC § 790 et seq.
Title IV of the Civil Rights Act of 1964, 42 USC § 2000c et seq.
Title VI of the Civil Rights Act of 1964, 42 USC § 2000d et seq.
Title VII of the Civil Rights Act of 1964, 42 USC § 2000e et seq.
Title IX, 20 USC § 1681 et seq.
USERRA, 38 USC § 4301 et seq.
28 CFR Part 35
29 CFR Chapter I – National Labor Relations Board
29 CFR Chapter XIV – Equal Employment Opportunity Commission
34 CFR Parts 100, 104, 106, 110, and 270
Civil Rights Law §§ 40, 40-c, 47-a, 47-b, 48-a, and 115
Correction Law § 752
Education Law §§ 10-18, 313, 313-a, 2801, 3201, and 3201-a
Labor Law §§ 194-a, 201-d, 201-g, 203-e, 206-c, 215
New York State Human Rights Law, Executive Law § 290 et seq.
Military Law §§ 242, 243, and 318
8 NYCRR § 100.2
9 NYCRR § 466 et seq.
NOTE:Refer also to Policies #3421 -- Title IX and Sex Discrimination
#6120 -- Equal Employment Opportunity
#6121 -- Sexual Harassment in the Workplace
#6122 -- Employee Grievances
#7550 -- Dignity for All Students
#7551 -- Sexual Harassment of Students
#8130 -- Equal Educational Opportunities
District Code of Conduct
Adoption Date: Nov. 9, 2021
Policy References
Age Discrimination in Employment Act, 29 United States Code (USC) Section 621
Americans With Disabilities Act, 42 United States Code (USC) Section 12101 et seq. Prohibits discrimination on the basis of disability.
Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq. Prohibits discrimination on the basis of disability.
Title VI of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000d et seq. Prohibits discrimination on the basis of race, color or national origin.
Title VII of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000e et seq. Prohibits discrimination on the basis of race, color, religion, sex or national origin.
Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section 1681 et seq. Prohibits discrimination on the basis of sex.
Education Law Section 2801(1)
Executive Law Section 290 et seq. Prohibits discrimination on the basis of age, race, creed, color, national origin, sex, sexual orientation, disability, military status, marital status, or use of a recognized guide dog, hearing dog or service dog, or domestic violence victim status.
3000 - COMMUNITY RELATIONS
3421 TITLE IX AND SEX DISCRIMINATION
Adoption Date: 12/01/2020
TITLE IX AND SEX DISCRIMINATION
Overview
The District is committed to creating and maintaining education programs and activities which are free from discrimination and harassment. This policy addresses complaints of sex discrimination, including sexual harassment, made under Title IX of the Education Amendments Act of 1972 and its implementing regulations (Title IX). It is just one component of the District's overall commitment to maintaining a discrimination and harassment-free educational and work environment.
Title IX prohibits discrimination on the basis of sex in any education program or activity operated by a district that receives federal financial assistance. As required by Title IX, the District does not discriminate on the basis of sex in its education programs and activities or when making employment decisions.
The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of sex discrimination, including sexual harassment. The District will promptly respond to reports of sex discrimination, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections to complainants and respondents, and impose sanctions and implement remedies when warranted.
Inquiries about this policy or the application of Title IX may be directed to the District's Title IX Coordinator(s), the Assistant Secretary for Civil Rights of the United States Department of Education, or both.
Scope and Application of Policy
This policy is limited to addressing complaints of sex discrimination, including sexual harassment, that fall within the scope of Title IX which, among other things, has a specific definition of sexual harassment and applies only to sex discrimination occurring against a person in the United States. This policy applies to any individual participating in or attempting to participate in the District's education programs or activities including students and employees.
Other District policies and documents address sex-based misconduct and may have different definitions, standards of review, and grievance procedures. These documents must be read in conjunction with this policy as they may cover incidents of sex-based misconduct not addressed by Title IX.
If the allegations forming the basis of a formal complaint of sexual harassment, if proven, would constitute prohibited conduct under Title IX, then the grievance process outlined in this policy would be applied to the investigation and adjudication of all the allegations. Depending on the allegations, additional grievance procedures may apply.
The dismissal of a formal complaint of sexual harassment under Title IX does not preclude action under another related District policy, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct.
What Constitutes Sex Discrimination Including Sexual Harassment
Title IX prohibits various types of sex discrimination including, but not limited to: sexual harassment; the failure to provide equal athletic opportunity; sex-based discrimination in a District's science, technology, engineering, and math (STEM) courses and programs; and discrimination based on pregnancy.
Under Title IX, sexual harassment includes conduct on the basis of sex that satisfies one or more of the following:
a) An employee of the District conditioning the provision of an aid, benefit, or service of the District on an individual's participation in unwelcome sexual conduct;
b) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District's education program or activity;
c) Sexual assault, meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
d) Dating violence, meaning violence committed by a person:
1.Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
2.Where the existence of such a relationship will be determined based on a consideration of the following factors:
(a)The length of the relationship;
(b)The type of relationship;
(c)The frequency of interaction between the persons involved in the relationship;
e)Domestic violence, meaning felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction; or
f)Stalking, meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
1.Fear for his or her safety or the safety of others; or
2.Suffer substantial emotional distress.
Title IX Coordinator
*The District has designated and authorized the following District employee(s) to serve as its Title IX Coordinator(s):
Lou Alaimo, Assistant Superintendent for Administration
2035 Monroe Avenue, Rochester, NY 14618
585-242-5200
Lou_Alaimo_bcsd.org
Lisa Hartman, Human Resources Director
2035 Monroe Avenue, Rochester, NY 14618
585-242-5200
Lisa_Hartmen_bcsd.org
The Title IX Coordinator(s), who must be referred to as such, will coordinate the District's efforts to comply with its responsibilities under Title IX. However, the responsibilities of the Title IX Coordinator(s) may be delegated to other personnel.
Where appropriate, the Title IX Coordinator(s) may seek the assistance of the District's Civil Rights Compliance Officer(s) (CRCO(s)) and/or Dignity Act Coordinator(s) (DAC(s)) in investigating, responding to, and remedying complaints of sex discrimination, including sexual harassment.
Reporting Allegations of Sex Discrimination
Any person may report sex discrimination, including sexual harassment, regardless of whether they are the alleged victim or not. Reports may be made in person, by using the contact information for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person's oral or written report. This report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator.
Reports of sex discrimination may also be made to any other District employee including a supervisor, building principal, or the District's CRCO. All reports of sex discrimination, including sexual harassment, will be forwarded to the District's Title IX Coordinator. Reports may also be forwarded to other District employees depending on the allegations.
All District employees who witness or receive an oral or written report of sex discrimination must immediately inform the Title IX Coordinator. Failure to immediately inform the Title IX Coordinator may subject the employee to discipline up to and including termination.
Making a report of sexual harassment is not the same as filing a formal complaint of sexual harassment. A formal complaint is a document either filed by a complainant or a parent or legal guardian who has a right to act on behalf of the complainant or signed by the Title IX Coordinator which alleges sexual harassment against a respondent and requests that the District investigate the allegations. While the District must respond to all reports it receives of sexual harassment, the Title IX grievance process is only initiated with the filing of a formal complaint.
In addition to complying with this policy, District employees must comply with any other applicable District policy, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct. This includes, but is not limited to, Policy #7550 -- Dignity for All Students (DASA) which requires District employees to make an oral report promptly to the Superintendent or principal, their designee, or the DAC not later than one school day after witnessing or receiving an oral or written report of harassment, bullying, and/or discrimination of a student. Two days after making the oral report, DASA further requires that the District employee file a written report with the Superintendent or principal, their designee, or the DAC.
If the Title IX Coordinator is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another Title IX Coordinator, if the District has designated another individual to serve in that capacity. If the District has not designated another Title IX Coordinator, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the Title IX Coordinator.
Grievance Process for Complaints of Sex Discrimination Other than Sexual Harassment
The District will provide for the prompt and equitable resolution of reports of sex discrimination other than sexual harassment. In responding to these reports, the Title IX Coordinator will utilize, as applicable, the grievance process set forth in Policy #3420 -- Non-Discrimination and Anti-Harassment in the District and any other applicable District policy, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct.
Grievance Process for Formal Complaints of Sexual Harassment
The District will respond to allegations of sexual harassment in a manner that is not deliberately indifferent whenever it has actual knowledge of sexual harassment in an education program or activity of the District. The District is deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances. For purposes of reports and formal complaints of sexual harassment under Title IX, education program or activity includes locations, events, or circumstances over which the District exercised substantial control over both the respondent(s) and the context in which the sexual harassment occurred.
The District will follow a grievance process that complies with law and regulation before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.
The District will conduct the grievance process in a timely manner designed to provide all parties with a prompt and equitable resolution. It is anticipated that, in most cases, the grievance process will be conducted within a reasonably prompt manner and follow the time frames established in this policy.
Definitions
a) "Actual knowledge" means notice of sexual harassment or allegations of sexual harassment to a District's Title IX Coordinator or any official of the District who has authority to institute corrective measures on behalf of the District, or to any District employee. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of the District with actual knowledge is the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the District. "Notice" as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator as described in this policy.
b) "Complainant" means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
c) "Days" means business days, but excludes any weekday during which the school is closed.
d) "Formal complaint" means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the District with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by email, by using the contact information required to be listed for the Title IX Coordinator, and by any additional method designated by the District. As used in this paragraph, the phrase "document filed by a complainant" means a document or electronic submission (such as by email or through an online portal provided for this purpose by the District) that contains the complainant's physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party, and must comply with the requirements of law and regulation.
e) "Respondent" means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
f) "Supportive measures" means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. These measures are designed to restore or preserve equal access to the District's education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District's educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The District must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
General Requirements for the Investigative and Grievance Process
During the investigation of a formal complaint and throughout the grievance process, the District will ensure that:
a) Complainants and respondents are treated equitably. This includes applying any provisions, rules, or practices incorporated into the District's grievance process, other than those required by law or regulation, equally to both parties.
b) All relevant evidence is objectively evaluated, including both inculpatory and exculpatory evidence. Inculpatory evidence implicates or tends to implicate an individual in a crime or wrongdoing. Exculpatory evidence frees or tends to free an individual from blame or accusation.
c) The Title IX Coordinator, investigator, decision-maker involved in the grievance process, or any person designated by the District to facilitate any informal resolution process does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
d) Respondents are presumed not to be responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
e) The grievance process, including any appeals or informal resolutions, is concluded within a reasonably prompt time frame and that the process is only temporarily delayed or extended for good cause. Good cause includes, but is not limited to, considerations such as the absence of a party, a party's advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. Whenever the time frame is temporarily delayed or extended, written notice will be provided to all complainants and respondents of the delay or extension and the reasons for the action.
f) The range of possible disciplinary sanctions and remedies that may be implemented by the District following any determination regarding responsibility are described to any known party.
g) The same standard of evidence is used to determine responsibility in all formal complaints.
h)The procedures and permissible bases for an appeal are known to all complainants and respondents.
i)The range of supportive measures available are known to all complainants and respondents.
j)There is no requirement, allowance of, reliance on, or otherwise use of questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding the privilege has waived the privilege.
k)The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the District and not on the parties.
l)The Title IX Coordinator, the investigator, any decision-maker, or any other person participating on behalf the District does not access, consider, disclose, or otherwise use a party's records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the District obtains that party's voluntary, written consent to do so for the grievance process. If the party is not an eligible student, as defined in FERPA as a student who has reached 18 years of age or is attending a post-secondary institution, the District will obtain the voluntary, written consent of a parent.
m)The parties have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
n)Credibility determinations are not be based on a person's status as a complainant, respondent, or witness.
o)The ability of either party to discuss the allegations under investigation or to gather and present relevant evidence is not restricted.
p)The parties are provided with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for any complainant or respondent in any meeting or grievance proceeding. However, the District may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
q)Written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, is provided to any party whose participation is invited or expected with sufficient time for the party to prepare to participate.
r)The parties are provided with equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the District does not intend to rely on in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.
s)Any document sent to a minor or legally incompetent person is also sent to the party's parent or legal guardian.
t)Any document sent to a party is also sent to the party's advisor, if known.
After a Report of Sexual Harassment Has Been Made
After receiving a report of sexual harassment, the Title IX Coordinator will:
a)Promptly contact the complainant to discuss and offer supportive measures;
b)Inform the complainant both of the range of supportive measures available and that these measures are available regardless of whether a formal complaint is filed;
c)Consider the complainant's wishes with respect to supportive measures; and
d)Explain to the complainant the process for filing a formal complaint.
The Title IX Coordinator may also contact the respondent to discuss and/or impose supportive measures.
Requests for confidentiality or use of anonymous reporting may limit how the District is able to respond to a report of sexual harassment.
Emergency Removal and Administrative Leave
At any point after receiving a report or formal complaint of sexual harassment, the District may immediately remove a respondent from the District's education program or activity on an emergency basis, provided that the District:
a)Undertakes an individualized safety and risk analysis;
b)Determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal; and
c)Provides the respondent with notice and an opportunity to challenge the decision immediately following the removal.
The District should coordinate their Title IX compliance efforts with special education staff when initiating an emergency removal of a student with a disability from an education program or activity as the removal could constitute a change of placement under the IDEA or Section 504.
The District may place a non-student employee respondent on administrative leave with or without pay during the pendency of the grievance process in accordance with law and regulation and any applicable District policy, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct.
Filing a Formal Complaint
A complainant may file a formal complaint with the Title IX Coordinator in person or by mail, email, or other method made available by the District. The complainant must be participating in or attempting to participate in the education program or activity of the District at the time of filing the complaint. The filing of a formal complaint initiates the grievance process.
A formal complaint must be signed by the complainant, the complainant's parent or legal guardian as appropriate, or the Title IX Coordinator. Where a parent or legal guardian signs the complaint, the parent or legal guardian does not become the complainant; rather the parent or legal guardian acts on behalf of the complainant. The Title IX Coordinator may sign the formal complaint, but his or her signature does not make him or her a complainant or a party to the complaint. If the formal complaint is signed by the Title IX Coordinator, the Title IX Coordinator is still obligated to comply with the grievance process outlined in this policy.
The complainant, or the complainant's parent or legal guardian, must physically or digitally sign the formal complaint, or otherwise indicate that the complainant is the person filing the formal complaint. When a formal complaint is filed, the Title IX Coordinator must send a written notice of allegations to all parties which includes the identities of all known parties.
The District will not discriminate on the basis of sex in its treatment of a complainant or a respondent in responding to a formal complaint of sexual harassment.
The formal complaint form may be obtained from the District's Title IX Coordinator or found on the District's website.
Consolidation of Formal Complaints
The District may consolidate formal complaints of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.
Written Notice of Allegations
Upon receipt of a formal complaint, the District will send all known parties written notice of:
a)The District's grievance process, including any informal resolution process; and
b)The allegations of sexual harassment which will:
1.Provide sufficient details known at the time and sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known;
2.State that the respondent is presumed not to be responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
3.Inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney;
4.Inform the parties that they may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint; and
5.Include notice of any provision in any applicable District policy, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.
If, in the course of an investigation, the District decides to investigate allegations about any complainant or respondent that were not included in the initial notice, the District will provide another notice of the additional allegations to the parties whose identities are known.
Investigation of a Formal Complaint
The Title IX Coordinator will oversee the District's investigation of all formal complaints. During the investigation of a formal complaint, the Title IX Coordinator or another District employee may serve as the District's investigator. The District may also outsource all or part of an investigation to appropriate third parties. The outsourcing of all or part of an investigation does not relieve the District from its obligation to comply with law and regulation.
It is anticipated that most investigations will be completed within ten (10) days after receiving a formal complaint.
During the investigation of a formal complaint, the investigator will, as appropriate:
a)Collect, review, and preserve all evidence including, but not limited to, any relevant documents, videos, electronic communications, and phone records.
b)Interview all relevant persons including, but not limited to, any complainants, respondents, and witnesses. Interviews of complainants and respondents will be conducted separately. If a student is involved, the District will follow any applicable District policy, procedure, or other document such as the District's Code of Conduct regarding the questioning of students.
c)Create written documentation of the investigation (such as a letter, memo, or email), which contains the following:
1.A list of all documents reviewed, along with a detailed summary of relevant documents;
2.A list of names of those interviewed, along with a detailed summary of their statements;
3.A timeline of events; and
4.A summary of prior relevant incidents, reported or unreported.
d)Keep any written documentation and associated documents in a secure and confidential location.
Prior to completion of the investigative report, the District will send to each party and the party's advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties will have at least ten days to submit a written response, which the investigator will consider prior to completion of the investigative report.
At the end of the investigation, an investigative report will be created that fairly summarizes all relevant evidence.
At least ten days prior to a hearing or other determination regarding responsibility, the investigative report will be sent to each party and the party's advisor, if any, in an electronic format or a hard copy, for their review and written response.
Dismissal of a Formal Complaint
The District must investigate the allegations in a formal complaint. The District must dismiss a formal complaint under Title IX if the conduct alleged:
a)Would not constitute sexual harassment even if proven;
b)Did not occur in the District's education program or activity; or
c)Did not occur against a person in the United States.
Further, the District may dismiss a formal complaint or any of its allegations under Title IX, if at any time during the investigation or hearing:
a)A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any of its allegations;
b)The respondent is no longer enrolled or employed by the District; or
c)Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or any of its allegations.
Upon a dismissal of a formal complaint, the District must promptly send written notice of the dismissal and reason(s) for the dismissal simultaneously to the parties.
The dismissal of a formal complaint under Title IX does not preclude action under another related District policy, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct.
Informal Resolutions
Before reaching a determination regarding responsibility, but only after a formal complaint is filed, the District may offer and facilitate the use of an informal resolution process, such as mediation, that does not involve a full investigation and adjudication of the formal complaint.
It is anticipated that most informal resolutions will be completed within twenty (20) days.
The District will not require that parties participate in an informal resolution process. The District will not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student. Further, the District will not require the waiver of the right to an investigation and adjudication of formal complaints of sexual harassment as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right.
If the District offers and facilitates the use of an informal resolution process, it will:
a)Provide written notice to all known parties which details:
1.The allegations in the formal complaint;
2.The requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint;
3.Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; and
b)Obtain the parties' voluntary, written consent to the informal resolution process.
Hearings and Determination Regarding Responsibility
The District will designate an individual decision-maker or a panel of decision-makers to issue a written determination regarding responsibility. A decision-maker can either be a District employee or, where appropriate, a third-party. They cannot be the same individual as either the Title IX Coordinator or the investigator(s).
The District's grievance process may, but is not required to, provide for a hearing. The determination as to whether a hearing will be provided will be made on a case-by-case basis. If a hearing is provided, the District will make all evidence subject to the parties' inspection and review available to give each party equal opportunity to refer to this evidence during the hearing, including for purposes of cross-examination.
With or without a hearing, before reaching a determination regarding responsibility, the decision-maker(s) will afford each party the opportunity to:
a)Submit written, relevant questions that a party wants asked of any party or witness within twenty (20) after the parties have received the investigative report;
b)Provide each party with the answers given by any party or witness within twenty (20) of receiving the questions; and
c)Allow for additional, limited follow-up questions and responses from each party to occur within ten (10) after the parties have received responses to their initial questions.
Questions and evidence about a complainant's sexual predisposition or prior sexual behavior will not be considered, unless the questions and evidence about the complainant's prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant's prior sexual behavior with respect to the respondent and are offered to prove consent. The decision-maker(s) will explain to the party proposing the questions any decision to exclude a question as not relevant.
The decision-maker(s) will issue a written determination regarding responsibility to the Title IX Coordinator, the Superintendent, and all parties simultaneously within twenty (20) days after all follow-up questions have been responded to or after the hearing, if one has been provided.
To reach this determination, the decision-maker(s) will use the preponderance of the evidence standard which is the standard of evidence that will be applied in all formal complaints of sexual harassment. This standard is understood to mean that the party with the burden of persuasion must prove that a proposition is more probably true than false meaning a probability of truth greater than 50 percent
The written notice of the determination regarding responsibility will include:
a)Identification of the allegations potentially constituting sexual harassment;
b)A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
c)Findings of fact supporting the determination;
d)Conclusions regarding the application of any applicable District policy, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct to the facts;
e)A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the District is imposing on the respondent, and whether remedies designed to restore or preserve equal access to the District's education program or activity will be provided by the District to the complainant; and
f)The District's procedures and permissible bases for the complainant and respondent to appeal.
Finality of Determination Regarding Responsibility
The determination regarding responsibility becomes final either on the date that the District provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
Where a determination regarding responsibility for sexual harassment has been made against the respondent, remedies will be provided to a complainant and disciplinary sanctions may be imposed on a respondent. Remedies will be designed to restore or preserve equal access to the District's education program or activity. Remedies and disciplinary sanctions will be implemented in accordance with applicable laws and regulations, as well as any District policy, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct.
The Title IX Coordinator is responsible for the effective implementation of any remedies and/or disciplinary sanctions. The Title IX Coordinator will work with other individuals as necessary to effectively implement remedies and/or disciplinary sanctions.
Appeals
Either party may file an appeal from a determination regarding responsibility or from the District's dismissal of a formal complaint or any of its allegations. Appeals must be submitted in writing to the Title IX Coordinator within twenty (20) of the written notice of the determination regarding responsibility or dismissal of the formal complaint or any of its allegations.
An appeal may only be based upon one or more of the following bases:
a)Procedural irregularity that affected the outcome of the matter;
b)New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
c)The Title IX Coordinator, investigator, or decision-maker(s) 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.
The bases on which a party is seeking an appeal should be specifically stated in the party's written appeal.
Upon receipt of an appeal, the District will:
a)Notify the other party in writing that an appeal has been filed and implement appeal procedures equally for both parties;
b)Ensure that any decision-maker for the appeal:
1.Is not the same person as any decision-maker that reached the initial determination regarding responsibility or dismissal, investigator, or Title IX Coordinator;
2.Does not have any conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent;
c)Give all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. Parties will have to submit these written statements within twenty (20) after the parties have been notified of the appeal;
d)Issue a written decision describing the result of the appeal and the rationale for the result; and
e)Provide the written decision simultaneously to the Title IX Coordinator, the Superintendent, and all parties within twenty (20) after receiving the parties written statements in support of, or challenging, the outcome.
Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection)
The District prohibits retaliation against any individual for the purpose of interfering with his or her Title IX rights or because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing under Title IX.
Charging an individual with Code of Conduct or other applicable violations that do not involve sex discrimination, including sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation. Charging an individual with a Code of Conduct or other applicable violation for making a materially false statement in bad faith during a grievance proceeding does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.
All complaints alleging retaliation will be handled in a manner consistent with the District's policies and procedures regarding the investigation of discrimination and harassment complaints, including Policy #3420 -- Non-Discrimination and Anti-Harassment in the District.
If the Title IX Coordinator is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another Title IX Coordinator, if the District has designated another individual to serve in that capacity. If the District has not designated another Title IX Coordinator, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the Title IX Coordinator.
Confidentiality
Except where disclosure may be permitted or required by law or regulation, the District will keep confidential the identity of any:
a)Individual who has made a report or complaint of sex discrimination;
b)Individual who has made a report or filed a formal complaint of sexual harassment;
c)Complainant;
d)Individual who has been reported to be the perpetrator of sex discrimination;
e)Respondent; and
f)Witness.
Training
The District will ensure that:
a)All Title IX Coordinators, investigators, decision-makers, or persons who facilitate an informal resolution process receive training on:
1.The definition of sexual harassment as defined in Title IX;
2.The scope of the District's education program or activity;
3.How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable; and
4.How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
b)All decision-makers receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about a complainant's sexual predisposition or prior sexual behavior are not relevant.
c)All investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
d)All District employees receive training on mandatory reporting obligations and any other responsibilities that they may have relative to Title IX.
Materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process will not rely on sex stereotypes and will promote impartial investigations and adjudications of formal complaints of sexual harassment. Training materials will be made publicly available on the District's website.
Notification
The District will notify students, parents or legal guardians of students, employees, applicants for employment, and all unions or professional organizations holding collective bargaining or professional agreements with the District of this policy.
Further, the District will prominently publish this policy and the contact information for the Title IX Coordinator(s) on its website and in other publications, including in each handbook or catalog that it makes available to the individuals and entities referenced above.
Recordkeeping
For a period of seven years, the District will retain the following:
a)Records of each sexual harassment investigation including any:
1.Determination regarding responsibility;
2.Audio or audiovisual recording or transcript required under law or regulation;
3.Disciplinary sanctions imposed on the respondent; and
4.Remedies provided to the complainant designed to restore or preserve equal access to the District's education program or activity.
b)Any appeal and its result.
c)Any informal resolution and its result.
d)All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.
e)For each response to sexual harassment where the District had actual knowledge of sexual harassment in its education program or activity against a person in the United States, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance, the District must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the District's education program or activity. If a District does not provide a complainant with supportive measures, then the District must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the District in the future from providing additional explanations or detailing additional measures taken.
20 USC § 1092(f)(6)(A)(v)
20 USC § 1681, et. seq.
34 USC § 12291(a)(8, 10, and 30)
34 CFR Part 106
Education Law § 13
8 NYCRR § 100.2(kk)
NOTE:Refer also to Policies #3420 -- Non-Discrimination and Anti-Harassment in the District
#6121 -- Sexual Harassment in the Workplace
#7550 -- Dignity for All Students
District Code of Conduct
Policy References
3000 - COMMUNITY RELATIONS
3422 EQUITY, INCLUSIVITY AND DIVERSITY IN EDUCATION
Adoption Date: 06/16/2021
The Board of Education is committed to creating and maintaining a positive and inclusive learning environment where all students, especially those currently and historically marginalized, feel safe, included, welcomed, and accepted, and experience a sense of belonging and academic success.
Generally Accepted Beliefs and Agreements
All children deserve to have equal access to opportunity regardless of the color of their skin, their gender, their sexual orientation, the language they speak or their background. This freedom is fundamental to our K-12 education program and is extended to everyone without exception. However, the District also recognizes that students have been historically marginalized due to inequities associated with aspects of their identities and their contexts, including, but not limited to, race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex; sexual orientation, or gender (including gender identity and expression). Racism, discrimination, and marginalization of any people or groups of people, whether intentional or not, have no place in our schools, our District or our community. Such actions damage not only those individuals and groups at which they are directed, but also our community as a whole. We are committed to addressing these inequities and helping each and every student to equitably access learning opportunities in school to enable them all to thrive and to build a better society.
Goals
The goal of the school District is to provide equitable, inclusive and diverse opportunities for all students to reach their highest potential. To achieve educational equity and inclusive education, the District will acknowledge the presence of culturally diverse students and the need for students to find relevant connections among themselves and the subject matter and the tasks teachers ask them to perform. The District will develop the individual and organizational knowledge, attitudes, skills, and practices to create culturally responsive learning and working environments that expect and support high academic achievement for students and employees from all racial groups. Differences will not just be seen as strengths, but they will be nourished, celebrated, and welcomed because they are what make students and families unique.
In order to truly realize this goal, it is imperative that the Board, its officers, and employees, be fully conversant in the historical injustices and inequalities that have shaped our society and to recognize and eliminate the institutional barriers, including racism and biases, that contribute to the pervasive, disparate educational outcomes within our schools. Equity and inclusive education aims to understand, identify, address, and eliminate the biases, barriers, and disparities that limit a student’s chance to graduate high school prepared for college, for a career, and for life.
The Superintendent or designee(s) will ensure that curriculum and instructional materials reflect the Board’s commitment to educational equity. Curriculum and instructional materials for all grades shall reflect diversity and include a range of perspectives and experiences, particularly those of historically underrepresented groups. All curriculum materials shall be examined for bias. Class instructional activities and extracurricular programs shall be designed to provide opportunities for cross-cultural and cross-racial interactions that foster respect for diversity.
Equity and inclusive education is an ongoing process that requires shared commitment and leadership if a District is to meet the ever-evolving society, unique learning needs of all students, and diverse backgrounds of our communities and schools. The Board understands that equity and inclusive education is achieved when each adult collaborates and affirms each student by creating a respectful learning environment inclusive of actual or perceived personal characteristics.
Educational equity is based on the principles of fairness and ensuring that every student has access to the resources and educational rigor they need at the right moment in their education, despite any individual’s actual or perceived personal characteristics, not to be used interchangeably with principles of equality, treating all students the same.
Inclusive education is based on the principles of acceptance and inclusion of all students. Students see themselves reflected in their curriculum, their physical surroundings and the broader environment, in which diversity is honored and all individuals are respected.
Diversity in education means students, staff, families and community are our greatest strength and diversity is viewed as an asset. Diversity means the condition of being different or having differences, including, but not limited to, sex, race, ethnicity, sexual orientation, gender, age, socioeconomic class, religion, and ability, and other human differences. Embracing these diversities and moving beyond tolerance and celebration to inclusivity and respect will help the NYSSBA Sample Policy Copyright © 2020 by the New York State School Boards Association, Inc. Not for further reproduction or posting without the express permission of NYSSBA NYSSBA Sample Policy 0105 District reach our goal of creating a community that ensures that each and every voice is heard and valued.
Accountability, Transparency and Review
The Board, its officers and employees, accepts responsibility and will hold themselves and each other accountable for every student having full access to quality education, qualified teachers, challenging curriculum, full opportunity to learn, and sufficient, individually-tailored support for learning so they can achieve at excellent levels in academic and other student outcomes. The District also accepts its responsibility for moving forward on this journey and to committing time, energy and resources to develop a more equitable, inclusive, and diverse welcoming environment for all students, parents and staff. To this end, the Superintendent will establish a District-wide [insert applicable title, such as: Task Force on Equity and Inclusion], as well as [insert applicable title, such as: Equity and Inclusion Coordinating Committees] in each school. Committees will include representation from staff, administration, students and parents. The District-wide task force and the school-level committee will assist the administration in developing and implementing specific prevention initiatives, including the adoption and revision of policies and implementation of practices designed to promote diversity, prevent discrimination, assure equitable access to high quality educational staff, facilities and materials, and to maximize student achievement for all students. The accompanying exhibit provides more detail on the specific programs and strategies implemented by the District.
The Superintendent of Schools, or designee, will adopt goals and corresponding metrics related to this policy. The District will identify the multiple indicators necessary to monitor student outcomes, engagement, and school climate, and specific data that will be used to ensure accountability for student, school, and District-wide performance; to reduce variability in outcomes; and to ensure that academic outcomes will not be predictable by actual or perceived personal characteristics and can be assessed and reported transparently to the public. Reporting may include, but is not limited to, standardized test scores; referrals, suspension and expulsion reports; the percentage of students placed in Bilingual or English as a New Language (ENL), Advanced Placement and remedial classes; as well as employee, parent and student perceptions about school.
With committee input, the Superintendent of Schools is directed to develop and implement a plan for ensuring that equitable educational opportunities are being provided to all students. In addition, the Board directs that training programs be established for students, and NYSSBA Sample Policy Copyright © 2020 by the New York State School Boards Association, Inc. Not for further reproduction or posting without the express permission of NYSSBA annually for employees, to raise awareness of the issues surrounding cultural responsiveness, equity and inclusion and to implement preventative measures to help counteract biases and practices that perpetuate achievement disparities and lead to disproportionate levels of student success. Age-appropriate instructional materials will be incorporated into the curriculum to educate students so that they can learn from a diverse range of experiences and points of view. Curricular materials and staffing decisions will support these efforts.
The Board of Education and the Superintendent District will monitor and review the District’s metrics and equity activities to determine the extent to which District schools are complying with this policy, the progress made toward attaining the goals of this policy, whether this policy is having a positive effect on improving academic opportunities for all students and increasing family engagement and reducing achievement gaps. The Superintendent will regularly report progress on the equity, inclusivity, and diversity plan and outcomes. Based on those results, this policy, and the specific objectives set to meet its goals, may be revised as needed.
Equity Policy Communication
To be successful in this endeavor, it is imperative that all members of the school community are aware of this policy, its purpose, procedures and the District’s commitment to equity and inclusion by fostering a positive learning environment that embraces all diverse, unique and individual differences.
The Superintendent, or designee(s), is directed to ensure that this policy is communicated to students, staff, and the community. This policy will be posted on the District’s website, and will also be published in student registration materials, student, parent and employee handbooks, and other appropriate school publications.
Policy Enforcement The Board directs the Superintendent or designee(s) to enforce this policy and create regulations and practices to implement this policy. The Board will annually review the District’s implementation of this policy and take appropriate action to ensure compliance with and enforcement of this policy.
Cross-ref: 4000, Goals for Instructional Programs
4511, Textbook Selection and Adoption
5153, Student Assignment to Schools and Classes
9240, Recruiting and Hiring
9700, Professional Development
Policy References
3000 - COMMUNITY RELATIONS
3430 UNIFORM VIOLENT AND DISRUPTIVE INCIDENT SYSTEM
Last Updated Date: 6/18/2012
Adoption Date: 6/12/2007
In compliance with the Uniform Violent and Disruptive Incident System, the District will record each violent or disruptive incident that occurs on school property or at a school function. School property shall mean 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 as defined in Vehicle and Traffic Law Section 142. A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state and/or another country.
In accordance with the manner prescribed, the District will submit an annual report of violent and disruptive incidents (on the Summary of Violent and Disruptive Incidents form) from the previous school year to the Commissioner of Education. Summary data will be used to determine the rate of violent and disruptive incidents in each school and to identify schools as persistently dangerous, as required by the No Child Left Behind Act.
The District will utilize the Individual Violent or Disruptive Incident Report form for the reporting of individual incidents by each building and/or program under its jurisdiction and for the tally count of incidents into the Summary Form. Copies of such incident reports will be retained for the time prescribed by the Commissioner in the applicable records retention schedule. These reports will be available for inspection by the State Education Department upon request.
All personally identifiable information included in a violent or disruptive incident report will be confidential and will not be disclosed to any person for any purpose other than that specified in Section 2802 of the Education Law, except as otherwise authorized by law.
The District will include a summary of the District's annual violent or disruptive incident report in its School District Report Card in the format prescribed by the Commissioner.
Reporting Guidelines
The District will utilize the New York State Education Department's website to obtain copies of the forms, directions, glossary and additional information.
Policy References
Education Law Sections 2801(1) and 2802
8 New York Code of Rules and Regulations (NYCRR)
Section 100.2 (gg)
3000 - COMMUNITY RELATIONS
3510 EMERGENCY CLOSINGS
Adoption Date: 6/12/2007
Revisions History: 6/10/2014, 9/12/2017
In the event it is necessary to close school for the day, activate a delayed starting time or early dismissal (as well as information relating to cancellation of after-school activities/late bus runs), due to inclement weather or other emergency reasons, announcement thereof shall be made over local radio and television stations, the Internet/District Website, and the District’s automated notification system.
When school is closed, all related activities, including athletic events, student activities, Continuing Education classes, and outside groups using district facilities for any activity/event/meeting will be cancelled for that day and evening. In extremely limited situations, the Superintendent may exercise discretion and grant permission for an event/activity to occur in light of the totality of the circumstances. Individual requests must be submitted directly to the Superintendent in a timely matter for the Superintendent to consider the request.
The attendance of personnel shall be governed by their respective contracts.
Policy References
Education Law Section 3604(7)
3000 - COMMUNITY RELATIONS
3520 EXTRAORDINARY CIRCUMSTANCES
Adoption Date: 11/17/2020
The District considers the safety of its students and staff to be of the utmost importance and is acutely aware that extraordinary circumstances such as widespread illness, natural disaster, or other emergency situation may make District premises unsafe or otherwise interrupt the District's ability to effectively operate.
In these circumstances, the District will follow its previously developed policies, procedures, and plans including, but not limited to, the District-wide school safety plan and building-level emergency response plan(s). To the extent that any District policy, procedure, or plan is in any way inconsistent with or conflicts with federal, state, or county law, regulation, or executive order released for the purpose of addressing the extraordinary circumstance, the federal, state, or county law, regulation, or executive order will govern. Additionally, the Board may adopt resolutions or take other actions as needed to respond to changes in federal, state, or county law, regulation, or executive order to provide further direction during an extraordinary circumstance.
Policy References