Lesson 9

 

Student Disciplinary Consequences/Remediation

  • While the primary focus of this policy is on prevention, acts of harassment, bullying and/or discrimination may still occur.
  • When such acts occur, student offenders will be given a clear message that their actions are inappropriate, will not be tolerated, and are inconsistent with the concepts of tolerance, respect for others, and the fostering of civility in public schools in order to provide a safe and supportive school environment for all students.
  • Student offenders shall further be advised that their behavior must improve. Student offenders will receive in-school guidance on making positive choices in their relationships with others. If appropriate, disciplinary action shall be taken by the administration.
  • If the behavior rises to the level of a criminal act, law enforcement shall be contacted promptly by the principal, superintendent, or his/her designee.
  • This policy is meant to promote progressive discipline and intervention, as opposed to a “zero tolerance” approach.
  • The response to a student’s violations of the policy shall be age-appropriate and include both consequences and appropriate remedial responses.
  • Consequences for a student who commits an act or acts of harassment, bullying and/or discrimination shall be unique to the individual incident and shall vary in method and severity according to the nature of the behavior, the developmental age of the student, the student’s previous disciplinary record, other extenuating circumstances, and must be consistent with the district’s or BOCES’ Code of Conduct, or a charter school, its disciplinary rules and procedures, or its Code of Conduct.

 

Investigating and Responding to Allegations of Staff-to-student Harassment, Bullying and/or Discrimination

  • In the case of a report of alleged staff-to-student bullying, 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.

 

No Retaliation

  • Any person having reasonable cause to suspect that a student has been subjected to harassment, bullying and/or discrimination by a student and/or an employee who, acting reasonably and in good faith, either reports such information to school officials, to the Commissioner, or to law enforcement authorities or otherwise initiates, testifies, participates or assists in any formal or informal proceedings, will have immunity from any civil liability that may arise from the making of such a report or from initiating, testifying, participating or assisting in such formal or informal proceedings.
  • Districts, BOCES, and charter schools and their respective employees are prohibited from taking, requesting or causing a retaliatory action against any such person, who, acting reasonably and in good faith, either makes such a report or initiates, testifies, participates or assists in such formal or informal proceedings (Education Law §16).

 

Dissemination, Monitoring, Review, and Reporting

  • This policy shall be posted on the district’s Internet website (if one exists.) A plain-language summary of the policy will be provided to students, persons in parental relation and school employees at least once during the school year.
  • Schools may voluntarily opt to develop a local complaint form to assist in the reporting of incidents of harassment, bullying and/or discrimination.
  • Each year, as a part of the required annual review of the Code of Conduct, this policy may be reviewed to assess its effectiveness and compliance with state and federal law. If changes are needed, the proposed policy revisions could be recommended to the board for its consideration.
  • In addition to tracking harassment, bullying and/or discrimination incidents for purposes of district-wide analysis and annual statewide reporting, building principals will report incident data to the Superintendent periodically throughout the school year, on a schedule to be determined by the Superintendent.
  • The board shall receive the annual Violent and Disruptive Incident Report (VADIR), as well as other relevant data, for each school and for the district as a whole, with particular attention to the trends in incidents of harassment, bullying and/or discrimination. Based on the review of the data, the board may consider further action, including but not limited to modification of this policy and additional training. Districts must ensure that they report such information to the public in a manner that complies with student privacy rights under the Family Educational Rights and Privacy Act (FERPA).