Lesson 4

Reporting Requirements for Educators

• Participants will learn and understand the reporting requirements for educators as it relates to the identification of bullying, harassment, and discrimination.

• Participants will learn the timelines and procedures for reporting verbally and in writing.

• Participants will learn and understand definitions and role delineation in the investigation and reporting process.

 

Chapter 482 Laws of 2010

• Curriculum: Curriculum must include instruction that supports the development of a school environment free of discrimination and harassment.

• Code of Conduct: The Code of Conduct must be amended to include provisions prohibiting discrimination and harassment against any student by employees or students, and provisions for responding to such acts.

• Reporting: Material incidents of discrimination and/or harassment on school grounds or at a school function must be reported to NYSED annually.

• Dignity Act Coordinator: At least one staff member at every school must be designated and trained to handle human relations in the areas of: race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex.

• Employee Training: Employees must receive training to raise awareness and sensitivity to potential acts of discrimination and/or harassment and to enable employees to prevent and respond to incidents of discrimination and harassment.

 

Bullying and Cyberbullying

Chapter 102 Laws of 2012

• Cyberbullying: Cyberbullying will be defined as harassment or bullying by any form of electronic communication, and include incidents occurring off school property that create or would foreseeably create a risk of substantial disruption within the school environment.

• Reports of Harassment, Bullying and Discrimination: The principal, superintendent, or designee must be charged with receiving reports.

• Investigation of Reports: The principal, superintendent, or designee must lead or supervise the prompt and thorough investigation of reports.

• Response to Verified Reports: The school must take prompt actions reasonably calculated to end the harassment, bullying or discrimination, eliminate any hostile environment, and ensure the safety of the student(s) toward whom harassment, bullying or discrimination was directed.

• Professional Certification: Professionals applying for certificate or license, including but not limited to classroom teachers, school counselors, school psychologists, school social workers, school administrators or supervisors, and superintendents of schools, must complete training on the social patterns of harassment, bullying and discrimination, identification and mitigation of harassment, bullying and discrimination, and strategies for effectively addressing exclusion, bias and aggression in educational settings.

• Curriculum: Curriculum must include instruction in safe and responsible use of the Internet and electronic communications and emphasize discouraging acts of harassment, bullying and discrimination.

• Guidance and Educational Materials: The State Education Department will provide guidance and educational materials, including best practices in addressing cyberbullying, and best practices in helping families and communities to work cooperatively with schools in addressing cyberbullying.

 

Dignity Act Reporting Basics

• Annual public school report to the State Education Department summarizing all material incidents of discrimination and/or harassment which occur on school property (including a school bus) and/or at a school function

• In addition, the annual report of material incidents of discrimination and/or harassment should only include the following:
  • Incidents that are the result of the investigation of a written or oral complaint made to the school principal or other school administrator responsible for school discipline, or to any other school employee; or
  • Incidents that are otherwise directly observed by such principal or administrator, or by any other school employee regardless of whether a complaint is made.

Be Respectful

Be Responsible

Be Ready

Be Positive

Be Preventative

Be Proactive

• Dignity Act Reporting form titled “Report of Incidents Concerning School Safety and the Educational Climate” (see sample in Handouts) should be completed and then submitted via the NYSED on-line portal and has been developed as follows:
  • Part 1, Violent and Disruptive Incident Report (VADIR) is the report of violent and disruptive incidents.
  • Part 2, (Dignity Act) is the report of material incidents of discrimination and/or harassment.
  • The annual report for the academic school year will be due to the State Education Department following the conclusion of the academic school year.
    • See Handouts for instructions to complete Dignity Act Reporting Form and Submitting Data Using NYSED Application Business Portal for instructions how to submit the Annual Report online.

Identifying and Appointing the Dignity Act Coordinator (DAC)

• To comply with the Dignity Act, at least one staff member in each school must be designated as the DAC and be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (defined to include gender identity or expression), and sex (Education Law § 13[3]; 8 NYCRR § 100.2[jj][4]).

• The DAC must also be provided with training (1) which addresses the social patterns of harassment, bullying and discrimination, including but not limited to those acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender and sex; (2) in the identification and mitigation of harassment, bullying and discrimination and (3) in strategies for effectively addressing problems of exclusion, bias and aggression in educational settings (8 NYCRR § 100.2[jj][4][iii – v]).

• Accessibility to students and staff is an important consideration when identifying the DAC. It is especially important that students have someone available to whom they can reach out Monday through Friday. To promote accessibility, a school may wish to consider creating a dedicated Dignity Act email address for the DAC as a means of facilitating outreach and addressing allegations of harassment or discrimination. In addition, the name and contact information for the DAC must be shared with all school personnel, students, and persons in parental relation which shall include, but is not limited to, providing the name, designated school and contact information for each DAC by listing such information in the Code of Conduct and updates posted on the website.

 

Allegations of Student-to-Student Harassment and/or Discrimination

• New York State Education Law § 2801 requires every school district and BOCES to have a Code of Conduct, including procedures for enforcement of the code.

• Regardless of whether a student makes an allegation of student-to-student or staff-to-student harassment or discrimination directly to the DAC or to another school employee, allegations of Dignity Act-related incidents must be investigated and appropriately responded to in the same manner as all other infractions of the Code of Conduct and in accordance with any and/or all other applicable school and/or district policies and procedures related to student discipline.

 

Investigating and Responding to Allegations of Staff-to-Student Harassment and/or Discrimination

• In the case of a report of alleged staff-to-student harassment and/or discrimination, reporting, investigation, and response must follow all applicable school and/or district policies and procedures, including contractual provisions and due process obligations related to staff-to-student misconduct.

• Pursuant to the Commissioner’s regulations, each district and BOCES Code of Conduct must, among other things, contain provisions for disciplinary measures to be taken for incidents on school property or at school functions involving harassment, bullying and/or discrimination (8 NYCRR §100.2[l][2][ii][g]).

• The code must also contain provisions for responding to acts of harassment, bullying, and/or discrimination against students by employees or students which incorporate a progressive model of student discipline that includes measured, balanced and age-appropriate remedies and procedures that make appropriate use of prevention, education, intervention and discipline, and considers among other things, the nature and severity of the offending student’s behavior(s), the developmental age of the student, the previous disciplinary record of the student and other extenuating circumstances, and the impact the student’s behaviors had on the individual(s) who was physically injured and/or emotionally harmed (8 NYCRR §100.2[l][2][ii][h]).

• Responses shall be reasonably calculated to end the harassment, bullying, and/or discrimination, prevent recurrence, and eliminate the hostile environment (8 NYCRR §100.2[l][2][ii][h]).

• The regulations also require that each Code of Conduct contain a provision prohibiting retaliation against any individual who, in good faith, reports or assists in the investigation of harassment, bullying, and/or discrimination (8 NYCRR §100.2[l][2][ii][t]).

 

Schools are encouraged to use multiple means of communicating with the school community to ensure the Dignity Act becomes part of the fabric of the school culture, including but not limited to:

• District and/or school town hall and parent meetings

• District and/or school workshops for various stakeholder groups including but not limited to parents, students, faculty and staff, community members, etc.

• District and School websites

• District/school questionnaires and/or surveys

• A Dignity Act Coordinator email box through which to gather community feedback and concerns

• School newsletters and brochures aimed at one or more of the various stakeholder groups

• Posters developed by the District and disseminated to all school sites

• Establishing local committees to enhance implementation and communication

It is important to include students in promoting positive and respective interpersonal relations using the following strategies:

• Student forums

• Discussion groups and/or regularly scheduled meetings of students and school leaders in addition to student government meetings)

• School culture and areas of concern as agenda items for student government meetings

• Displays of student posters that promote interpersonal and intergroup respect 35 School and/or class newsletters and newspapers

One of the Dignity Act’s underlying premises is that preventive and non-punitive intervention in response to incidents of discrimination and/or harassment, where appropriate, can be an effective way to foster school environments free from harassment and discrimination (see Education Law §§ 10, 13).

Schools are, therefore, encouraged to use a wide range of intervention measures to address discrimination and/or harassment, including, where appropriate, restorative practices, conflict resolution, peer-mediation, and counseling, rather than over-relying on exclusionary methods of discipline, such as suspension.

Understanding discipline as a “teachable moment” is fundamental to a positive approach to discipline. It has been in particular the experience of the New York City Department of Education that restorative approaches can help schools prevent or deal with conflict before it escalates, build relationships, and empower community members to take responsibility for the well-being of others.

Restorative practices may include:

• Circle Process: Circles may be used as a regular practice in which a group of students (or faculty or students and faculty) participates. A circle can be used in response to a particular issue that affects the community. The circle process can enable a group to get to know one another, build relationships, establish understanding and trust, create a sense of community, learn how to make decisions together, develop agreements for the mutual good, resolve difficult issues, etc. Circles can be effective as both a prevention and intervention strategy.

• Restorative Enquiry/Restorative Discussion: This method uses active listening and other conflict resolution communication skills. Using a collaborative negotiation process enables an individual to talk through an issue or conflict directly with the person with whom s/he disagrees to arrive at a mutually satisfactory resolution.

• Target/Offender Mediation: During mediation, an individual or group acknowledges s/he has harassed, bullied, or discriminated against another person and both the person who engaged in the behavior and the person who was harassed, bullied, or discriminated against agree to see how the incident(s) can be put right by working with an impartial, third party mediator who has received specific training in target/offender mediation. Regardless of the circumstances, the mental and physical health, safety and welfare of the individual who was harassed, bullied, or discriminated against is of paramount importance when considering this option in a school setting and should not be used when the offender (individual who has initiated the incident) may intimidate or coerce or attempt to intimidate or coerce the other person.

• Formal Restorative Conference: A circle process in which individuals who have acknowledged engaging in the behavior are brought together with those who have been harassed, bullied, or discriminated against. A formal restorative conference is facilitated by an individual who has received specific training in the process. In addition to the individuals who have been directly involved, both sides may bring supporters who have also been affected by the incident to the circle. The purpose of the conference is for both parties to understand each other’s perspective and come to a mutual agreement, which will repair the harm as much as it is able to be repaired. Regardless of the circumstances, the mental and physical health, safety and welfare of the individual who was harassed, bullied, or discriminated against is of paramount importance when considering this option in a school setting.

Recommendations to implement good restorative practices in schools include:

• Fostering awareness on how all have been affected by behavior and encourage expression of feelings.

• Avoiding scolding or lecturing.

• Avoiding a culture of humiliation.

• Actively involving students.

• Accepting ambiguity. Fault and responsibility may be unclear.

• Separating the deed from the doer, recognize students’ worth and disapprove of their wrongdoing.

• Seeing instances of wrongdoing and conflict as an opportunity for learning. Turn negative incidents into constructive ones by building empathy and a sense of community.

 

 

To implement the Dignity Act in a meaningful manner, an evolving school climate and culture which supports social and emotional development and learning must be proactively supported and nurtured throughout the entire school day and the school year.

• www.p12.nysed.gov/sss/sedl
  

 

Building a Safe School Environment

• A safe school environment needs to encompass the entire school community – including the classroom, cafeteria, library, restrooms, the school bus, the nurse’s office, and the playground.

• Everyone at school needs to work together to create a climate where bullying is not acceptable.

All Faculty And Staff Should Serve As Positive Role Models for All Students in the School.

To Effectively Implement the Dignity Act, All Staff Need to Work Toward This Common Goal.

• Creating a positive school environment means establishing and promoting a culture of inclusion and respect that welcomes ALL students.

 

What resources will be available to assist schools in the implementation of the Dignity Act?

• www.p12.nysed.gov/dignityact
  • Model Code of Conduct
  • Model Curriculum Materials
  • FAQs (students/parents and faculty/staff)

• NYSED P-12 News and Notes Articles

• New York State Center for School Safety

• DASA@MAIL.NYSED.GOV

• Dignity Act Facebook Page

• Dignity Act Public Outreach Forums

• Dignity Act Speakers @ Statewide Conferences