Lesson 8

 

Training

  • In compliance with education law §13(3), at least one licensed and/or certified staff member at every school must be thoroughly trained in human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (which includes a person’s actual or perceived sex, and gender identity and expression), and sex.
  • This staff member should be referred to as the dignity act coordinator (DAC).
  • The person designated as the DAC must be licensed and/or certified by the commissioner as a classroom teacher, school counselor, school psychologist, school nurse, school social worker, school administrator or supervisor, or superintendent of schools.

 

Reporting and Investigating

  • Students who have been subjected to harassment, bullying and/or discrimination, persons in parental relation whose children have been subjected to such behavior, or other students who observe or are told of such behavior, are encouraged and expected to make verbal and/or written reports to the principal, superintendent, and/or designated school personnel
  • All districts, BOCES, and/or charter school staff, when aware of harassment, bullying and/or discrimination, are required:
    1. orally report the incident(s) within one school day to the principal, superintendent or his/her designee and
    2. report it in writing within two school days after making an oral report.
  • If a staff person is unsure of the reporting procedure, he or she is expected to inquire about how to proceed by speaking with his/her supervisor.
  • The results of any such investigation shall be reported to both the targeted student and the alleged offender, as well as their respective persons in parental relation.
  • Local policies should be followed regarding communicating the results of the investigation. If either party and/or their respective persons in parental relation disagree with the results of the investigation, that party should be advised of any local policies regarding how to proceed in such instances.
  • NOTE: the dignity act is silent regarding obligations to report incidents to parents. It is recommended that language regarding parent notification be included in the development of local policy.
  • In certain circumstances, disclosure to the persons in parental relation of the basis for which a student is harassed, bullied and/or discriminated against may result in additional negative consequences to the student’s health and well-being. Prior to notification of any person in parental relation regarding an incident of harassment, bullying and/or discrimination, school authorities must consider notification as they would any other educationally-relevant decision, taking into account the health, well-being, and safety of students involved in the incident.
  • The school district may seek counsel from the school attorney to determine the best course of action. In some cases, such as where a student is being targeted with anti-gay language, if there is reason to fear that that student may face negative consequences by notifying his/her persons in parental relation, regardless of how she/he actually identifies, this should be taken into account.
  • If the results of the investigation reveal that a material incident of harassment, bullying and/or discrimination, as defined in Commissioner’s Regulation 100.2(kk), has occurred, information shall be tracked, recorded, and reported in a manner prescribed by the Commissioner.
  • NOTE: Section 100.2(kk) of the Commissioner’s Regulations for the Board of Regents’ defines a “material incident of harassment, bullying and/or discrimination” for Dignity Act reporting purposes and to implement the reporting requirements of the Dignity Act.