Board Policies Vol. 1: 0000s

0000s

• 0000 Name, Territory, Components, and Boundaries of Guilderland School District
• 0001 Educational Philosophy

0100s

• 0100 Non-discrimination and Equal Opportunity
• 0101 Gender Neutral Single-Occupancy Bathrooms
• 0105 Equity Inclusivity and Diversity in Education
• 0105-R Equity Inclusivity and Diversity in Education Regulation
• 0105-E Anti Hate Diversity Equity and Inclusivity in Education Exhibit
• 0110 Sexual Harassment
• 0110.2 Sexual Harassment In The Workplace
• 0110-R Sexual Harassment Regulation
• 0111 Sex Discrimination and Sex-Based Harassment Under Title IX
• 0115 Student Harassment and Bullying Prevention and Intervention
• 0115-R Student Harassment and Bullying Prevention and Intervention Regulation
• 0115-E Equity, Inclusivity and Diversity in Education Exhibit

0200s

• 0200 School District Operations Goals

0300s

• 0310 Evaluation of School Board Operational Procedures
• 0320 Evaluation of Superintendent
• 0330 Evaluation of Staff
• 0350 Evaluation of Instructional Programs

0000 Name, Territory, Components and Boundaries of Guilderland School District

The official name of the school district is “Guilderland Central School District.”*

The district, comprising 62 ½ square miles, is located on the southwest quadrant of the axis formed by the New York State Thruway-Northway, running north and south, and the New York State Thruway, running west.  The district extends fifteen miles east-to-west and five miles north-to-south.  Sections of the school district are located in the following townships:

• Town of Guilderland: 88% of the territory of the district
• Town of Bethlehem: 4% of the territory of the district
• Town of New Scotland: 3% of the territory of the district
• Town of Knox: 5% of the territory of the district

The central school district was created in June-July 1950, by the joining together of the following common and union free school districts:

• Common School District # 2: Dunnsville
• Common School District # 3: Parker’s Corners
• Common School District # 4: Guilderland Village
• Common School District # 6: Guilderland Center
• Common School District # 9: Osborne’s Corners
• Common School District #11: McKownville
• Common School District #13: Fuller’s Station
• Common School District #14: Fort Hunter
• Common School District #14: North Bethlehem
• Union Free School District #7: Altamont
• **Common School District #4: Knox (Annexed June 1957)
• **Common School District #13: North Bethlehem-Albany-New Scotland (Annexed August 1967)

*The name above was adopted by the Board of Education and approved by the Commissioner of Education of the State of New York on March 22, 1973, pursuant to the provisions of Chapter 429 of the Laws of 1972.  The school district’s previous official name was “Central School District No.2 of the Towns of Guilderland, Bethlehem, New Scotland, and Knox, Albany County.”

**Small portions of these two original common school districts were annexed to Guilderland.

Adopted April 4, 1995
Adopted September 10, 2013
Reviewed July 5, 2018
Reviewed December 8, 2020

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0001 Educational Philosophy

The Guilderland Central School District is dedicated to serving its students, their families, and the entire community.  To this end we will be attentive and responsive to the diverse needs of all.  By serving our students we mean to empower them for success and effectiveness both now and throughout their lives.  The district will support students as they develop:

• The full range of human intelligences and capabilities;
• wise and humane habits of mind and dispositions of character;
• the skills necessary to live, work, and succeed in our modern society and an ever-changing world; and
• their unique expression and life-long respect for others.

Our mission is to inspire all students to be active life-long learners, able to achieve their highest potential in a demanding and ever-changing global community.

In order to achieve this, we maintain a vision to provide for all a safe and welcoming environment, where students, parents and staff are joined in the pursuit of academic excellence and personal growth.  Thus, we shall provide a rich and rigorous education for all learners so that, upon graduation, they are poised, capable and ready to meet the developments, challenges and opportunities of the future.

Staff members are expected to direct their energies to doing what is necessary to meet our students’ needs.  To that end, all staff shall do their work with the belief that:

• Students are the center of the educational process and the school system must be relentless in the pursuit of decisions made on the basis of what is best for each child.
• Every student, without exception, has the potential for growth, improvement, and success in life.
• All students, given the right environment, will learn and excel, when provided with authentically engaging work based on high standards and expectations.
• All students, when given the right environment and unwavering guidance, will develop the skills needed to face moral and ethical life challenges with integrity, honesty, and self-respect.
• There is worth in every student and that diversity is an asset to be enthusiastically embraced.
• Our school system is dependent on utilizing the talents and perspectives of the community, parents, families, students, and staff.

The district actively supports employee efforts to improve their professional practice aimed at learning and implementing effective ways in which to meet students’ needs.

Recognizing that the whole community is affected by its schools, the Board of Education encourages participation and conversations about what students are learning, what schools and families are seeking to do, and what the community needs.  We will operate in an arena of collaboration and partnership.  Our actions and relationships will foster mutual respect, trust, and support.  We will make decisions based on what we believe is in the best interest of students and on what we know is effective in enhancing the full range of human development.

Adopted December 10, 1996
Replaced and Adopted September 10, 2013
Revised, Adopted July 5, 2018
Revised, Adopted December 8, 2020

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0100 Non-discrimination and Equal Opportunity 

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0101 Gender Neutral Single-Occupancy Bathrooms

All single-occupancy bathroom facilities in the district are designated as gender neutral. Signs designating gender neutral single-occupancy bathrooms must be posted on the wall next to the door of that bathroom facility.

A “single-occupancy bathroom” is as defined in Public Buildings Law §145(d) as “a bathroom intended for use by no more than one occupant at a time or for family or assisted use and which has a door for entry into and egress from the bathroom that may be locked by the occupant to ensure privacy.”

The Superintendent of Schools or designee is directed to post appropriate signage to implement this policy consistent with applicable laws. Handbooks, directional signs, memos, safety plans, and maps will also be updated as necessary.

Ref:
Education Law §409-m (single-occupancy bathrooms designated gender neutral)
Public Buildings Law §145(d)

Adopted March 16, 2021
Revised, Adopted December 7, 2021

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0105 Equity, Inclusivity, and Diversity in Education

Our greater school community is made up of diverse individuals and groups, and, as such, the District is committed to creating and maintaining a positive and inclusive learning environment where all students, including those currently and historically marginalized, feel safe, included, welcomed, and accepted, and experience a sense of belonging and academic success.

The District affirms that respecting and championing the diversity and life experiences of all community members is essential to supporting the District’s mission, values, goals, and operating principles.
The district recognizes its responsibility to address racism, hate speech, symbols of hate, bigotry and discrimination in all forms against currently and historically marginalized and racialized students, staff, and families. Doing so does not come at the expense of or loss to non-racialized or white students, staff, or families. Rather, the District’s actions benefit all community members equally and strengthen the District’s mission to “provide for all a safe and welcoming environment, where students, parents and staff are joined in the pursuit of academic excellence and personal growth.”

Generally Accepted Beliefs and Agreements

All children deserve to have equal access to opportunity regardless of the color of their skin, sex, race, perceived race, ethnicity, sexual orientation, gender (including gender identity and gender expression), age, socioeconomic status, religion, and disability/ability, and other human differences, the language they speak or their background. This freedom is fundamental to our K-12 education program and is extended to everyone without exception.

The District, however, 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/ability, sex, sexual orientation, economic status 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 are damaging to those individuals and groups at which they are directed, and our community as a whole.

We are committed to addressing these inequities and helping each and every member of our school community to equitably access learning opportunities in school to enable them all to thrive and to build a better society.

The District rejects and condemns all forms of racism, hate speech, symbols of hate, bigotry, misogyny, and all forms of discrimination as contrary to the District’s mission, values, goals, policies, and operating principles.

The District further rejects and prohibits any hate speech, symbols of hate, bullying, harassment or expressions against any individual or group because of traits of sex (including transgender status, change of sex, or gender identity), race, color, national origin, religion, creed, ancestry, marital or parental status, sexual orientation, or physical, mental, emotional or learning abilities, or any other characteristic protected by Federal or state civil rights laws. Hateful acts within our schools, whether explicit or implicit are dangerous, disturbing, and disruptive and will not define our District, but they do test the District’s culture and climate.

Goals

A goal of the District is to ensure an educational experience that is free from hate and that provides equitable, inclusive and diverse opportunities for all students to reach their highest potential. To achieve educational and racial equity/parity and more inclusive and anti-racist education free from hate, the District acknowledges the histories and experiences of culturally diverse students and the need for students to find relevant connections among themselves and the subject matter and the activities 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 all. Differences will not just be seen as strengths, they will be nourished, celebrated, and welcomed because they are what make students and families unique, and make our community rich.

In order to truly realize this goal, it is imperative that the Board, its officers, and all District employees, be fully conversant in the historical injustices and inequalities that have shaped our society and to recognize and eliminate the institutional barriers – including but not limited to racism, biases (both explicit and implicit) – that have contributed to the 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 District’s commitment to educational equity/parity and racial equity/parity. Curriculum and instructional materials for all grades will reflect diversity and include a range of perspectives and experiences, including those of historically underrepresented and marginalized groups. All curriculum materials will be examined for implicit and explicit bias. Class instructional activities and extracurricular programs will be designed to provide opportunities for cross-cultural, cross-racial, multi-abled interactions that foster respect for diversity.

An equitable and inclusive education is an ongoing process that requires shared commitment and leadership if the district is to meet the unique learning needs of all students in our ever evolving society. The District understands that equity and inclusive education free from hate is achieved when all stakeholders collaborate and affirm each student by creating a respectful learning environment inclusive of actual or perceived personal characteristics.

Educational equity and parity 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.

Anti-racist education seeks to demystify and deconstruct old ways of doing and thinking that perpetuates racist and discriminatory practices in the school system today. It further involves teaching about race, the relationship between racism and colonialism, and how organizational policies and procedures rooted in colonial practices, for instance, continue to subjugate members from racialized communities in the school system today.

Diversity in education means students, staff, families and community are our greatest strength and diversity is viewed as an asset. Diversity means a range of lived experiences, including, but not limited to, sex, race, perceived race, ethnicity, sexual orientation, gender (including gender identity and gender expression), age, socioeconomic status, religion, and disability/ability, and other human differences. Embracing these diversities and moving beyond tolerance and celebration to inclusivity and respect will help the 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, the District and its employees, accept 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 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 DEI Committee. The committee will include representation from staff, administration, students, parents/guardians and the community. The District-wide 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 educational staff, facilities and materials, and to maximize achievement for all students.

The Superintendent, 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 strive 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 referred to the Committee on Special Education, Advanced Placement and remedial classes; as well as employee, parent and student perceptions about school.

To the extent possible, the District will collect and disaggregate available data to measure and address gaps in opportunity and achievement among student groups. The district will also gather and review data regarding instances of hate speech, symbols of hate, bigotry, and discrimination in all forms against individuals from currently and historically marginalized groups so that trends can be identified and corrective action can be taken. The District will enhance accountability and transparency by periodically sharing data with the community.

With input from the DEI Committee, the Superintendent 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 programs be established for students, and annually for employees, to raise awareness of the issues surrounding cultural responsiveness, equity and inclusion and to implement preventative measures to help counteract biases (both explicit and implicit) 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 will monitor and review, on a regular and continual basis, the District’s metrics and equity activities to determine the extent to which District schools are complying with this policy. That review will consider the progress made toward attaining the goals of this policy, the extent to which this policy is having a positive effect on improving academic opportunities for all students, is reducing gaps in achievement and is increasing family engagement in school and district activities. The Superintendent will regularly report progress on the diversity, equity, and inclusivity plan and outcomes. Based on those results, this policy, and the specific objectives set to meet its goals, may be revised as needed.

The District will create mechanisms that ensure that schools treat racial discrimination and bias not only as serious matters, but also educational opportunities. When there is an incident involving hate speech, symbols of hate, bigotry or discrimination in any of its forms, the district will offer anti-hate/anti-racism training to those who committed the act or acts. This district will also provide mental and emotional support to those impacted by such acts. The District will create and promote accessible reporting tools and complaint-handling processes for those experiencing or witnessing such acts.

The Board and the Superintendent will seek to incorporate the aims and goals of this Policy into all aspects of the District’s operations, including but not limited to hiring and retention, professional development, leadership and administration, athletics, business practices, and curriculum and instruction

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 anti-hate and diversity, 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, by posting a copy of Policy Statement in every school building in a location visible to students, staff, and visitors entering the school and will make available for any student, staff, and community member a copy of such statement in other languages as necessary. Furthermore, the Policy Statement will be posted at the District’s main offices and on the District’s website, and published in student registration materials, student, parent and employee handbooks, and other appropriate school publications.

At the beginning of each school year, all personnel will receive a copy of this Policy and associated Regulation (0105-R) and Exhibit (0105-E).

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:
0105-E Anti-Hate and Equity, Inclusivity, and Diversity in Education Exhibit
1900 Parent and Family Engagement
1920 Relations with Persons with Disabilities
2000 Board Operational Goals
2460 Policy Review and Evaluation
3300 Policy Implementation
4000 Instructional Goals
4511 Textbook and or Tradebook Selection and Adoption
4810 Teaching About Controversial Issues
5010 Harassment (including Sexual Harassment) and Discrimination
5020 Equal Educational Opportunities
5020.2 & 9110.5 Racial Harassment of Students, Racial Harassment of Staff
5020.3 Students with Disabilities Pursuant to Section 504
5300.00 Code of Conduct – Why Do We Have a Code of Conduct?
5300.05 Code of Conduct – Introduction
5300.10 Code of Conduct – Definitions
5300.15 Code of Conduct – Student Rights and Responsibilities
5300.20 Code of Conduct – Essential Partners
5300.25 Code of Conduct — Student Dress Code
5300.30 Code of Conduct – Prohibited Student Conduct
5300.35 Code of Conduct — Reporting Violations
5300.40 Code of Conduct — Disciplinary Penalties, Procedures and Referrals
5300.70 Code of Conduct – Public Conduct on School Property
5300.75 Code of Conduct – Dissemination and Review
5310 Student Discipline
5313 Penalties
5313.1 Detention
5313.2 In-school Detention
5313.2-R In-school Detention Regulation
5313.3 Student Suspension
5313.3-R Student Suspension Regulation
6100 Annual Budget
6110 Budget Planning
6700 Purchasing
9240 Recruiting and Hiring
9700 Professional Learning and Staff Development

Adopted July 5, 2022
Revised and Adopted May 23, 2023

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0105-R Equity, Inclusivity, and Diversity in Education Regulation

The following outlines the process for achieving educational equity and the elimination of barriers and bias, particularly institutionalized racism and cultural biases, and disparities that limit a student’s chance to graduate high school prepared for college, for a career, and for life.

Educational equity means differentiating resource allocation, within budgetary limitations, to meet the needs of students who need more supports and opportunities to succeed academically. Resource allocation will support the definition of educational equity adopted in this regulation and board policy while complying with state and federal funding requirements.

Educational equity ensures that all students have equal access to courses, teachers, school environments, regardless of students’ race or ethnicity, socio-economic status, or language.

A. Eliminate and Disrupt Systemic Inequities

The Board of Education believes that all students can learn and that every student has a right to an equitable educational experience and a sense of belonging at school. Therefore, the Board and district officers will intentionally act to reduce achievement gaps and to establish a climate of high expectations for all learners, regardless of the color of their skin, socio-economic background, religion, their gender, gender identity, their sexual orientation, disability/ability, the language they speak, or their background. To achieve high levels of achievement and eliminate and disrupt systemic inequities, the Board and its leaders will:

1. lead and inspire by example by examining personal biases and the way we may be privileged or unaware, building empathy and respect for others, becoming comfortable with vulnerability, and creating a culture of deliberate inclusion and diversity;

2. acknowledge historical institutions, such as racism, sexism, classism, ableism, heterosexism and other forms of oppression or “isms,” that have systematically limited the educational and societal advancement of marginalized groups.

3. promote and publicly announce actions that address systemic inequities at both the building and district levels;

4. develop and support effective equity and inclusive leadership at the school and district levels;

5. develop a shared district and community understanding and definition of equity, inclusion, and diversity;

6. invite and include people from diverse backgrounds to examine issues and develop solutions that address root causes and systems rather than one-time fixes;

7. address opportunity and achievement gaps at every level of our district through review of policies, procedures, and practices necessary to ensure success for every student;

8. eliminate practices, including policies and procedures, that result in predictably lower academic achievement for any student group, especially those historically marginalized groups, compared to other students or groups.

9. model equity, inclusion, and diversity in business and operational practices;

10. develop reporting, investigation, communication, and accountability processes related to actions of racism and occurrences

11. provide professional development to address the role and presence of bias, prejudice, and racism, the district will:

• • • address the impact on historically marginalized learners;
    • address the causes of distrust/mistrust in marginalized communities; and
    • dismantle narratives and structures that promote discrimination and problematize students, especially students of color.

B. Ensure Systemic Equity

To ensure educational equity for all, 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 all members of the school community. 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. The district will:

1. intentionally seek and include voices (e.g., student government) and experiences of students who have historically been excluded from leadership roles and who are actively engaged in the development and implementation of culturally responsive teaching and learning practices and curriculum;

2. engage family and community members in the development and implementation of culturally appropriate and effective partnerships between home and school;

3. invite and include community members to bring multiple perspectives to examining and solving issues that arise; and,

4. ensure each school building is welcoming and inclusive to all who enter.

5. establish, support, and sustain building-level and district-wide equity and inclusion committees consisting of varied community leaders, including students, parents, staff, and administrators to strengthen community dialogue regarding equity, inclusion and, diversity initiatives.

6. review existing policies, programs, professional development, and procedures to ensure the promotion of equity, and all applicable new policies, programs, and procedures will be developed using an equity lens.

7. remedy the practices, including assessment, that may lead to the over-representation of student groups in areas such as special education and discipline, and the under-representation of groups in programs such as Honors and Advanced Placement;

8. provide every student, regardless of the color of their skin, gender, gender identity, their sexual orientation, socio-economic status, religion, disability/ability, the language they speak or their background, with equitable access to high quality and relevant instruction, curriculum, support, facilities, and other educational resources, even when this means differentiating resources to accomplish this goal.

9. be intentional about attracting, retaining, and supporting a workforce that reflects the diversity of our student body;

10. ensure a positive, supportive, and academically rigorous school environment that engages all students and includes multiple pathways for success;

11. create and implement culturally responsive instructional practices, curriculum and assessments;

12. recruit, employ, support, and retain racially and linguistically diverse and culturally competent administrative, instructional, and support personnel;

13. create multiple pathways to success in order to meet the needs of students, and will actively encourage, support, and expect high academic achievement for students from all student groups. The district will strive to ensure that every student graduates ready to succeed in a diverse society.

14. provide materials and assessments that reflect the diversity of students and staff, and which are geared towards the understanding and appreciation of culture, class, language, ethnicity, and other differences that contribute to the uniqueness of each student and staff member.

C. Use Data and Metrics

The district will ensure that information related to students is used as a data set in school improvement efforts, including but not limited to, the following:

1. access to educational opportunities;

2. student achievement data at each school, disaggregated by race, gender, ethnicity, socio-economic status, English Language Learners, and special education;

3. student enrollment at each school, disaggregated by race, gender, ethnicity, socio-economic status, English Language Learners, and special education;

4. student suspension/discipline data for each school and student average daily attendance data for each school;

5. the amount of federal funding allocated to each school;

6. the annual funding allocated to each school outside of federal funding;

• • • the number of highly qualified teachers at each school as defined by the New York State Department of Education (NYSED) and the number of highly effective teachers;
    • the experience level of teachers at each school; and
    • the teacher retention rate at each school.

7. the allocation of funding for resources (personnel and non- personnel) will be provided based upon student enrollment (baseline data);

8. a differentiated funding formula for schools with significant percentages of students in subgroups such as race/ethnicity, socioeconomic status (SES), English language learners (ELL) and, students with disabilities (SWD), will be developed and implemented;

9. the facilities condition index;

10. the placement of mobile units;

11. the allocation of experienced teachers;

12. the annual funding allocation to each school space; and

13. the extent of family and community engagement and involvement.

D. Implement an Equity Lens

The purpose of an equity lens is to be intentionally inclusive as the district makes decisions. It poses questions that help the decision-makers focus on equity in both the process and outcomes. These questions are designed to create a more inclusive perspective, drawing attention to how the decision holds the potential to affect marginalized groups. By applying an equity lens, the district intends to:

1. identify clear goals, objectives, and measurable outcomes;

2. provide a common vocabulary and protocol for evaluating policies programs, practices, and decisions for racial equity; and

3. produce policies, programs, practices, and decisions which result in more equitable outcomes.

The district will apply an equity lens when making any decisions that will have an impact on students by answering the following questions:

1. 1. identify clear goals, objectives, and measurable outcomes;

   2. provide a common vocabulary and protocol for evaluating policies programs, practices, and decisions for racial equity; and

   3. produce policies, programs, practices, and decisions which result in more equitable outcomes.

E. Monitoring and review

The Superintendent of Schools or designee, in consultation with the Board, will, at least annually, monitor and report progress on the district’s equity goals.

Adoption date: July 5, 2022

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0105-E Anti Hate Diversity Equity and Inclusivity in Education Exhibit

Key Equity Definitions and Resources

The following definitions have been taken from several sources, listed below. These definitions are offered to foster a deeper understanding of anti-hate, diversity, equity, and inclusivity.

Definitions

• Achievement gap refers to the unequal or inequitable distribution of educational results and benefits – the outputs. Compare to Opportunity gap and Learning gap.¹
• Anti-racism is the proactive commitment and process of identifying, examining, challenging and changing the values, environments, structures, and behaviors that perpetuate systemic racism with the goal of creating educational and employment equity.
• Anti-Racist Education is “a proactive strategy for dismantling racist structures and for building racial justice and equality” according to Enid Lee (anti-racism theorist and educator), anti-racist education is “a perspective that permeates all subject areas and school practices”. It entails demystifying and deconstructing old ways of doing and thinking that perpetuate racist and discriminatory practices in the school system today. This involves teaching about race, the relationship between racism and colonialism, and how organizational policies and procedures may continue to subjugate members from racialized communities in the school system today. Examples: high suspension rates, streaming students into low education tracks, streaming related to giftedness, etc.
• Bias Incident is any act of prejudice that is not a crime and does not involve violence, threats, or property damage, but might come in the form of clothing-certain colors or styles of music, or symbols associated with hate groups. Bias incidences are also widespread online and in social media.
• Culture is defined as the multiple components of one’s identity, including but not limited to: race, economic background, gender, gender identity, language, sexual orientation, nationality, religion, and disability/ability. Therefore, it far transcends practices such as cuisines, art, music, and celebrations to also include ways of thinking, values, and forms of expression.²
• Cultural competence refers to an ability to interact effectively with people of different cultures and is comprised of four components:
           1. Awareness of your own cultural worldview;
          2. Attitude towards cultural differences;
          3. Knowledge of different cultural practices and worldviews; and
          4. Cross‐cultural skills.⁶
• Cultural Racism refers to representations, messages and stories conveying the idea that behaviors and values associated with white people or “whiteness” are automatically “better” or more “normal” than those associated with other racially defined groups. Cultural racism shows up in advertising, movies, history books, definitions of patriotism, and in policies and laws. Cultural racism is also a powerful force in maintaining systems of internalized privilege and internalized racism. It does that by influencing collective beliefs about what constitutes appropriate behavior, what is seen as beautiful, and the value placed on various forms of expression.
• Cultural responsiveness acknowledges 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. ⁴
• Disaggregated data means the numerical or non-numerical information that has been (1) collected from multiple sources and/or on multiple measures, variables, or individuals; (2) compiled into aggregate data—i.e., summaries of data—typically for the purposes of public reporting or statistical analysis; and then (3) broken down in component parts or smaller units of data. For example, information about whether individual students graduated from high school can be compiled and summarized into a single graduation rate for a school or a graduating class, and annual graduation rates for individual schools can then be aggregated into graduation rates for districts, states, and countries. Graduation rates can then be disaggregated to show, for example, the percentage of male and female students, or white and non-white students, who graduated. Generally speaking, data is disaggregated for the purpose of revealing underlying trends, patterns, or insights that would not be observable in aggregated data sets, such as disparities in standardized-test scores or enrollment patterns across different categories of students.¹
• Disparities mean the unequal outcomes of one subgroup (e.g., racial or ethnic groups) as compared to outcomes for another subgroup.³
• Disproportionality is the underrepresentation or overrepresentation of a subgroup (e.g., racial or ethnic groups) compared to its percentage in the total population.³
• Diversity is a reality created by individuals and groups from a broad spectrum of demographic and philosophical differences. These differences can exist along dimensions of race, ethnicity, gender, language heritage, sexual orientation, socio-economic status, age, physical abilities, religious beliefs, political beliefs, or other ideologies. It is the exploration of these differences in a safe, positive, and nurturing environment. It is about understanding each other and moving beyond simple tolerance to embracing and celebrating the rich dimensions of difference contained within everyone. Finally, we acknowledge that categories of difference are not always fixed but can be fluid, and we respect individual rights to self- identification, as no one culture is intrinsically superior to another.
• Educational equity means raising the achievement of all students by (1) narrowing the gaps between the lowest and highest performing students, and (2) eliminating the racial or cultural predictability and disproportionality of which student groups occupy the highest and lowest achievement categories including rates of graduation. The principle of educational equity goes beyond formal equality where students are treated the same. Instead, educational equity fosters a barrier-free environment in which all students have the opportunity to benefit equally.⁴
• Equity lens means an intentional focus on analyzing or diagnosing the impact of the design and implementation of policies on under-served and marginalized individuals and groups, and to identify and potentially eliminate barriers.⁵
• Ethnicity is a social construct used to categorize people according to their place of origin and cultural expression (e.g., language, religion, tribe, etc.).
• Hate Crime is any crime motivated by bias against race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.
• Hate and/or Bias Motivated Occurrences is any activity targeting a legally-protected group, publicly communicated, and willfully intended to promote or incite bias or hatred against such a group.
• Hate Speech is a communication that carries no meaning other than to vilify, humiliate, or incite hatred for a group or class of people, especially in circumstances in which the communication is likely to provoke violence. It is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, national origin, gender, religion, sexual orientation, disability, etc.. Hate speech can be any form of expression regarded as offensive to racial, ethnic and religious groups and other discrete minorities or to women. It can be communicated using words, symbols, images, memes, emojis, hand gestures, and video.
• Historically marginalized refers to individuals who have not been able, due to societal constraints, to compete fairly in society (definition created by NYSSBA).
• Inclusive education is education that 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. An inclusive school system ensures that each student can participate in the classroom and in the community in positive and contributing ways. ¹
• Implicit Bias, which is also known as unconscious or hidden bias, is the negative associations that people unknowingly hold. They are expressed automatically, without conscious awareness. Many studies have indicated that implicit biases affect individuals’ attitudes and actions, thus creating real-world implications, even though individuals may not even be aware that those biases exist within themselves. Notably, implicit biases have been shown to overshadow individuals’ stated commitments to equality and fairness, thereby producing behavior that diverges from the explicit attitudes that many people profess. It is a belief or attitude that affects our understanding, decision, and actions, and that exists without our conscious awareness. ¹
• Inclusion and Safe Learning Cultures embrace diversity and promote full acceptance of all persons regardless of racial identities and varied intersectionality. Human dignity and fulfillment of every individual’s full potential is to be achieved through nurturing, coaching, and mentoring of persons most impacted by systemic racism, especially during this period of change and transition towards race equity.
• Individual/Personal Racism is the pre-judgment, bias, or discrimination by an individual based on race. Individual racism includes both privately held beliefs, conscious and unconscious, and external behaviors and actions towards others.
• Institutional racism is distinguished from the explicit attitudes or racial bias of individuals by the existence of systematic policies or laws and practices that provide differential access to goods, services and opportunities of society by race. Institutional racism results in data showing racial gaps across every system. For children and families, it affects where they live, the quality of the education they receive, their income, types of food they have access to, their exposure to pollutants, whether they have access to clean air, clean water or adequate medical treatment, and the types of interactions they have with the criminal justice system. ⁷
• Internalized racism is the private racial beliefs held by and within individuals. The way we absorb social messages about race and adopt them as personal beliefs, biases, and prejudices are all within the realm of internalized racism. For people of color, internalized oppression can involve believing in negative messages about oneself or one’s racial group. For whites, internalized privilege can involve feeling a sense of superiority and entitlement or holding negative beliefs about people of color. ²
• Learning gap refers to relative performance of individual students—i.e., the disparity between what students have actually learned and what they were expected to learn at a particular age or grade level, as compared to “achievement gap” and “opportunity gap”. ¹
• Microaggressions are the everyday verbal, nonverbal, and environmental slights, snubs, or insults, whether intentional or unintentional, which communicate hostile, derogatory, or negative messages to target persons based solely upon their marginalized group membership. In many cases, these hidden messages may invalidate the group identity or experiential reality of targeted persons, demean them on a personal or group level, communicate the perception that they are lesser human beings, suggest they do not belong with the majority group, threaten and intimidate, or relegate them to inferior status and treatment. ²
• Misogyny is the hatred of, aversion to, or prejudice against women.
• Opportunity gap is the ways in which race, ethnicity, socioeconomic status, English proficiency, community wealth, familial situations, or other factors contribute to or perpetuate lower educational aspirations, achievement, and attainment for certain groups of students. ¹
• Race is a socially constructed concept that delineates the trait differences that exist among people as the basis of categorization (e.g., skin color, hair texture, etc.).
• Racial Discrimination is the unequal treatment of people motivated by ethno-racial prejudices and stereotypes. Common forms of discrimination include anti-Black racism, anti-indigenous racism, anti-Asian racism, Islamophobia, and antisemitism. Racial discrimination manifests in the form of unequal opportunities, lower socio-economic status, higher unemployment, disparities in poverty rates and overrepresentation in the criminal justice system, particularly for people belonging to Black and Indigenous communities. It may also be expressed as particular stereotypes, such as Jewish people being “powerful, wealthy, able to manipulate the world to their will”, which racialize socially perceived members of the group.
• Racial Equity & Racial Parity refers to the fair treatment of all people, with equitable opportunities and outcomes. It entails consideration of the unique barriers that different ethno-racial groups face and engages with them on policies and practices that impact them. Similarly, racial parity refers to the equitable representation of racial composition and representation across the board. It also refers to equitable access to employment and educational opportunities and outcomes for people of all socially constructed racial groups.
• Racism is the assertion of a belief in the superiority of one socially perceived racial group over others (e.g., white vs. people of color). It may be manifest in the form of negative interpersonal attitudes and treatment toward members of the race perceived as inferior; with forms of expression ranging from racial microaggressions to discrimination or harassment in violation of the law, including acts of hate. Racism exists at the individual, systemic, and societal levels of society.
• Rigor is defined as instruction, schoolwork, learning experiences, and educational expectations that are academically, intellectually, and personally challenging. Rigorous learning experiences, for example, help students understand knowledge and concepts that are complex, ambiguous, or contentious, and they help students acquire skills that can be applied in a variety of educational, career, and civic contexts throughout their lives. ¹
• Socioeconomic status is the social standing or class of an individual or group. It is often measured as a combination of education, income, and occupation. Examinations of socioeconomic status often reveal inequities in access to resources, as well as issues related to privilege, power, and control. ²
• Sociocultural responsiveness involves sensitivity to what all students need to be successful academically, psychologically, emotionally, and socially. Such responsiveness recognizes that all students are different and must be uniquely responded to, challenged and stimulated, and that strategies must be adapted to meet the needs of individual and groups of students. ²
• Structural (Systemic) Racism encompasses the history and current reality of racism across all institutions and society. It refers to the history, culture, ideology, and interactions of institutions, laws and policies that perpetuate a system of racial inequity that harms historically marginalized and racialized communities.
• Student engagement is the degree of attention, curiosity, interest, optimism, and passion that students show when they are learning. Generally speaking, the concept of “student engagement” is predicated on the belief that learning improves when students are inquisitive, interested, or inspired, and that learning tends to suffer when students are bored, dispassionate, disaffected, or otherwise “disengaged”. ¹
• Symbols of Hate are constantly changing, but include swastikas, confederate flag, Ku Klux Klan (burning cross and hooded robes), “SS” lightning bolts, Totenkopf (death’s head), iron cross, “white power,” “14 words,” Star of David with a swastika in the center, racist graffiti, noose imagery, and “Gadsden Flag.” For further examples, the Anti-Defamation League (ADL) maintains a database of hate symbols on its website (https://www.adl.org).
• White Privilege is a historically based, institutionally perpetuated system of exploitation and oppression of continents, nations and racialized peoples by white peoples and nations of the European continent; for the purpose of maintaining and defending a system of wealth, power and privilege.

Sources

1. The Glossary of Education Reform. (2014). An online resource produced by the Education Writers Association and the Nellie Mae Education Foundation. Available at https://www.edglossary.org Accessed 4/15/2020
2. Culturally Responsive-Sustaining Education (CR-S), New York State Education Department. (2018) Available at http://www.nysed.gov/bilingual-ed/culturally-responsive-sustaining-education-framework Accessed 2/25/2020
3. Key Equity Terms and Concepts: A Glossary for Shared Understanding. (2019). Center for the Study of Social Policy. Available at https://cssp.org/our-work/project/equity-justice#glossary-of-terms Accessed 6/25/2020
4. New York State’s Final Every Student Succeeds Act (ESSA) Plan Summary. (2018). New York State Education Department. Available at www.nysed.gov/common/nysed/files/programs/essa/nys-essa-plan-summary.pdf Accessed 7/25/2020
5. Equity Lens. (2018). University of Minnesota. Available at https://policy.umn.edu/equity-lens Accessed 8/18/2020
6. Equity Toolkit for Administrators. (2010). Colorado Department of Education and the Office of Language, Culture and Equity. Available at https://www.cde.state.co.us/sites/default/files/documents/cde_english/download/resources-links/equity%20toolkit%20final_2010.pdf Accessed 8/10/2020
7. Morgan, J. D., De Marco. A. C., LaForett, D. R., Oh, S., Ayankoya, B., Morgan. W., Franco, X., & FPG’s Race, Culture, and Ethnicity Committee. (2018, May). What Racism Looks Like: An Infographic. Frank Porter Graham Child Development Institute, University of North Carolina at Chapel Hill. Available at: http://fpg.unc.edu/sites/fpg.unc.edu/files/resources/other-resources

Resources

Equity in Education

Thinking Maps, “Equity in Education: What it is and why it Matters”
      https://www.thinkingmaps.com/resources/blog/equity-education-matters/
RIDES Improvement Cycle for Equity– Overview and Usage Guide
      https://rides.gse.harvard.edu/equity-improvement-cycle
Advancing and Advocating for Social Justice & Equity
      https://www.nameorg.org/learn/what_is_equity.php
NSBA Center for Public Education “Educational Equity: What does it mean? How do we know when we reach it?”
      https://www.nsba.org/-/media/nsba/file/cpe-educational-equity-research-brief-january-2016
Equity Literacy Institute
      www.equityliteracy.org

Race and Diversity

Learning for Justice, “Responding to Hate and Bias at School”
      https://www.learningforjustice.org/magazine/publications/responding-to-hate-and-bias-at-school
EAB (Education Advisory Board) “How school and district leaders can address systemic racism with their communities”
      https://eab.com/insights/blogs/district-leadership/address-systemic-racism-school-district-leaders/

Equity Lens

Maryland Association of Boards of Education Equity Lens Poster
      https://www.mabe.org/wp-content/uploads/2018/09/equity-lens.jpg
Northeast Regional Education Service District (NWRESD)
     https://drive.google.com/file/d/1ozJJYotytqi8IQ_PhNehUwncrm7kBBu/view
National Equity Project, Lens of Systemic Oppression
      https://www.nationalequityproject.org/frameworks/lens-of-systemic-oppression
Equity Lens, University Policy Program, University of Minnesota
      https://policy.umn.edu/equity-lens

Glossary of Terms

The Glossary of Education Reform
      www.edglossary.org
Racial Equity Tools
      https://www.racialequitytools.org/glossary

School Boards

Ten Ways School Boards Can Champion Racial Equity, Illinois Association of School Boards
 https://issuu.com/iasbeditor/docs/iasb_journal_september_october_2020/s/10941048

LGBT

Learning for Justice, Creating an LGBT-Inclusive School Climate (2017)
       https://www.learningforjustice.org/sites/default/files/2017-11/Teaching-Tolerance-LGBT-Best-Practices-2017-WEB-Oct2017.pdf

Students with disabilities

Inclusion Works!
https://inclusionworks.us/

Rural Schools

American Association of School Administrators, “Leveling the Playing Field for Rural Students” Nov. 2017
 https://www.aasa.org/uploadedFiles/Equity/AASA_Rural_Equity_Report_FINAL.pdf
Education Writers Association, “Why it’s Time to Focus on Equity in Rural Schools”
   https://www.ewa.org/blog-educated-reporter/why-its-time-focus-equity-rural-schools

Immigrant students

Mid-Atlantic Equity Consortium (MAEC) “Exploring Equity Issues: Promoting a Safe and Welcoming Environment for Immigrant Students”
       https://maec.org/wp-content/uploads/2017/06/Exploring-Equity-Welcoming-Environment-for-Immigrant-Students-1.pdf
Intercultural Development Research Association, “Equity, Access and Excellence in Education for Immigrant Students”
      https://files.eric.ed.gov/fulltext/ED505919.pdf
Edutopia and Lucas Education Research “Equity for English-Language Learners”
      https://www.edutopia.org/blog/equity-for-english-language-learners-rusul-alrubail
Best Practices for Serving ELL Students and Families
      http://www.learningforjustice.org/magazine/publications/serving-ell-students-and-families

Climate/Culture

NYSED, Culturally Responsive-Sustaining Education Framework
      http://www.nysed.gov/bilingual-ed/culturally-responsive-sustaining-education-framework
Equity Assistance Center, “Culturally Responsive Teaching: A Guide to Evidence-Based Practices for Teaching All Students Equitably” (2016)
      https://educationnorthwest.org/resources/culturally-responsive-teaching-guide-evidence-based-practices-teaching-all-students
National School Climate Center
      www.schoolclimate.org

Social Emotional Learning

National Equity Project
      https://nationalequityproject.org/about/social-emotional-learning-equity

Recruiting and Hiring

Learning Policy Institute, “Diversifying the Teaching Profession: How to Recruit and Retain Teachers of Color” (2018)
       https://learningpolicyinstitute.org/product/diversifying-teaching-profession-report

Adopted June 13, 2023

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0110 Sexual Harassment

Sexual harassment is against federal and state law. The Board is committed to maintaining an educational and working environment free from such harassment, and therefore prohibits sexual harassment of students and employees in the district. The district will establish detailed policies and regulations for both students and employees which address definitions, protections, prohibited behavior (including retaliation), prevention activities, training/education, complaint reporting, investigations, and consequences.

Cross-ref: 0110.2, Sexual Harassment in the Workplace

0111, Sex Discrimination and Sex-Based Harassment Under Title IX

0115, Student Bullying and Harassment Prevention and Intervention

Ref:

Education Amendments of 1972, Title IX, 20 U.S.C. §1681 et seq.; 34 CFR 106 et seq.

Title VII of Civil Rights Act (1964), 42 U.S.C. §2000-e; 34 CFR §100 et seq.

Education Law §§10-18 (Dignity for All Students Act)

Executive Law §296-d (prohibition of sexual harassment of employees and non-employees)

Labor Law §201-g (required workplace sexual harassment policy and training)

Civil Practice Law and Rules §§5003-b (nondisclosure agreements optional); 7515 (mandatory arbitration prohibited)

General Obligations Law §5-336 (nondisclosure agreements optional)

Davis v. Monroe County Board of Education, 526 U.S. 629, 652 (1999)

Gebser v. Lago Vista Independent School District, 524 U.S, 274 (1998)

Faragher v. City of Boca Raton, 524 U.S. 775 (1998)

Burlington Industries v. Ellerth, 524 U.S. 742 (1998)

Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998)

Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992)

Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)

Cannon v. University of Chicago, 441 U.S. 677 (1979)

Office for Civil Rights Revised Sexual Harassment Guidance (January 19, 2001)

Office for Civil Rights, Dear Colleague Letter: Sexual Harassment Issues (2006)

Office for Civil Rights, Dear Colleague Letter: Bullying (October 26, 2010)

Adopted May 8, 2012

Replaced, Adopted November 13, 2018

Reviewed, Adopted June 16, 2020

Replaced, Adopted October 22, 2024

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0110.2 Sexual Harassment In The Workplace 

Purpose and Goals

The Guilderland Central School District (“the district”) is committed to maintaining a workplace free from harassment and discrimination. Sexual harassment is a form of workplace discrimination that subjects an employee to inferior conditions of employment due to their gender, gender identity, gender expression (perceived or actual), and/or sexual orientation. Sexual harassment is often viewed simply as a form of gender-based discrimination, but the district recognizes that discrimination can be related to or affected by other identities beyond gender. Under the New York State Human Rights Law, it is illegal to discriminate based on sex, sexual orientation, gender identity or expression, age, race, creed, color, national origin, religion, citizenship/immigration status, military status, disability, pre-disposing genetic characteristics, familial status (including pregnancy, childbirth, or related medical condition), marital status, criminal history, or status as a victim of domestic violence. Our different identities impact our understanding of the world and how others perceive us. For example, an individual’s race, ability, or immigration status may impact their experience with gender discrimination in the workplace. While this policy is focused on sexual harassment and gender discrimination, the methods for reporting and investigating discrimination based on other protected identities are the same. The purpose of this policy is to teach employees to recognize discrimination, including discrimination due to an individual’s intersecting identities, and provide the tools to take action when it occurs. All employees, principals, and supervisors are required to work in a manner designed to prevent sexual harassment and discrimination in the workplace. This policy is one component of the district’s commitment to a discrimination-free work environment.

1. Goals of this Policy

Sexual harassment and discrimination are against the law. After reading this policy, employees will understand their right to a workplace free from harassment. Employees will also learn what harassment and discrimination look like, what actions they can take to prevent and report harassment, and how they are protected from retaliation after taking action. The policy will also explain the investigation process into any claims of harassment. Employees are encouraged to report sexual harassment or discrimination by filing a complaint internally with the district. Employees can also file a complaint with a government agency or in court under federal, state, or local antidiscrimination laws. To file an employment complaint with the New York State Division of Human Rights, please visit https://dhr.ny.gov/complaint. To file a complaint with the United States Equal Employment Opportunity Commission, please visit https://www.eeoc.gov/filing-charge-discrimination.

The district is also required under the federal Title IX law and its implementing regulations to adopt a grievance procedure for addressing complaints of sex discrimination and sex-based harassment. The Title IX regulations contain a definition of sex discrimination and sex-based harassment, and a standard under which complaints must be assessed, that is different from the one in state law and this policy. The district is required to address complaints that might constitute sex discrimination and sex-based harassment prohibited under Title IX pursuant to its grievance procedure.  Because of this, any complaint of sexual harassment under this policy (covered by state law) should also be reviewed under the district’s Title IX grievance procedure, either prior to or in tandem with this policy. See policy 0111 and regulation 0111-R.

Sexual Harassment and Discrimination Prevention Policy

1. The district’s policy applies to all employees, applicants for employment, and interns, whether paid or unpaid. The policy also applies to additional covered individuals. It applies to anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the district. These individuals include persons commonly referred to as independent contractors, gig workers, and temporary workers. Also included are persons providing equipment repair, cleaning services, or any other services through a contract with the district. For the remainder of this policy, we will use the term “covered individual” to refer to these individuals who are not direct employees of the company.

2. Sexual harassment is unacceptable. Any employee or covered individual who engages in sexual harassment, discrimination, or retaliation will be subject to action, including appropriate discipline for employees. In New York, harassment does not need to be severe or pervasive to be illegal. Employees and covered individuals should not feel discouraged from reporting harassment because they do not believe it is bad enough, or conversely because they do not want to see a colleague fired over less severe behavior. Just as harassment can happen in different degrees, potential discipline for engaging in sexual harassment will depend on the degree of harassment and might include education and counseling. It may lead to suspension or termination when appropriate.

3. Retaliation is prohibited. Any employee or covered individual that reports an incident of sexual harassment or discrimination, provides information, or otherwise assists in any investigation of a sexual harassment or discrimination complaint is protected from retaliation. No one should fear reporting sexual harassment if they believe it has occurred. So long as a person reasonably believes that they have witnessed or experienced such behavior, they are protected from retaliation. Any employee of the district who retaliates against anyone involved in a sexual harassment or discrimination investigation will face disciplinary action, up to and including termination. All employees and covered individuals working in the workplace who believe they have been subject to such retaliation should inform a supervisor, principal, or Assistant Superintendent for Human Resources. All employees and covered individuals who believe they have been a target of such retaliation may also seek relief from government agencies, as explained below in the section on Legal Protections.

4. Discrimination of any kind, including sexual harassment, is a violation of our policies, is unlawful, and may subject the district to liability for the harm experienced by targets of discrimination. Harassers may also be individually subject to liability and employers or supervisors who fail to report or act on harassment may be liable for aiding and abetting such behavior. Employees at every level who engage in harassment or discrimination, including principals and supervisors who engage in harassment or discrimination or who allow such behavior to continue, will be penalized for such misconduct.

5. The district will conduct a prompt and thorough investigation that is fair to all parties. An investigation will happen whenever management receives a complaint about discrimination or sexual harassment, or when it otherwise knows of possible discrimination or sexual harassment occurring. The district will keep the investigation confidential to the extent possible. If an investigation ends with the finding that discrimination or sexual harassment occurred, the district will act as required. In addition to any required discipline, the district will also take steps to ensure a safe work environment for the employee(s) who experienced the discrimination or harassment. All employees, including principals and supervisors, are required to cooperate with any internal investigation of discrimination or sexual harassment.

6. All employees and covered individuals are encouraged to report any harassment or behaviors that violate this policy. All employees will have access to a complaint form to report harassment and file complaints. Use of this form is not required. For anyone who would rather make a complaint verbally, or by email, these complaints will be treated with equal priority. An employee or covered individual who prefers not to report harassment to their principal or employer may instead report harassment to the New York State Division of Human Rights and/or the United States Equal Employment Opportunity Commission. Complaints may be made to both the employer and a government agency.

Principals and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to the Assistant Superintendent for Human Resources/Title IX Coordinator to determine whether a Title IX complaint is warranted.  If this person is also designated as the Title IX Coordinator, they must determine whether to proceed under Title IX either instead of or in addition to this policy.

7. This policy applies to all employees and covered individuals, such as contractors, subcontractors, vendors, consultants, or anyone providing services in the workplace, and all must follow and uphold this policy. This policy must be provided to all employees in person or digitally through email upon hiring and will be posted prominently in all work locations. For those offices operating remotely, in addition to sending the policy through email, it will also be available on the organization’s shared network.

What Is Sexual Harassment?

Sexual harassment is a form of gender-based discrimination that is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender. Sexual harassment is not limited to sexual contact, touching, or expressions of a sexually suggestive nature. Sexual harassment includes all forms of gender discrimination including gender role stereotyping and treating employees differently because of their gender.

Understanding gender diversity is essential to recognizing sexual harassment because discrimination based on sex stereotypes, gender expression and perceived identity are all forms of sexual harassment. The gender spectrum is nuanced, but the three most common ways people identify are cisgender, transgender, and non-binary. A cisgender person is someone whose gender aligns with the sex they were assigned at birth. Generally, this gender will align with the binary of male or female. A transgender person is someone whose gender is different than the sex they were assigned at birth. A non-binary person does not identify exclusively as a man or a woman. They might identify as both, somewhere in between, or completely outside the gender binary. Some may identify as transgender, but not all do. Respecting an individual’s gender identity is a necessary first step in establishing a safe workplace.

Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment does not need to be severe or pervasive to be illegal. It can be any harassing behavior that rises above petty slights or trivial inconveniences. Every instance of harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior. However, the Human Rights Law specifies that whether harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics. Generally, any behavior in which an employee or covered individual is treated worse because of their gender (perceived or actual), sexual orientation, or gender expression is considered a violation of the district’s policy. The intent of the behavior, for example, making a joke, does not neutralize a harassment claim. Not intending to harass is not a defense. The impact of the behavior on a person is what counts. Sexual harassment includes any unwelcome conduct which is either directed at an individual because of that individual’s gender identity or expression (perceived or actual), or is of a sexual nature when:

• The purpose or effect of this behavior unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment. The impacted person does not need to be the intended target of the sexual harassment;
• Employment depends implicitly or explicitly on accepting such unwelcome behavior; or
• Decisions regarding an individual’s employment are based on an individual’s acceptance to or rejection of such behavior. Such decisions can include what shifts and how many hours an employee might work, project assignments, as well as salary and promotion decisions.

There are two main types of sexual harassment:

• Behaviors that contribute to a hostile work environment include, but are not limited to, words, signs, jokes, pranks, intimidation, or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex, gender identity, or gender expression. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory, or discriminatory statements which an employee finds offensive or objectionable, causes an employee discomfort or humiliation, or interferes with the employee’s job performance.
• Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions, or privileges of employment. This is also called quid pro quo harassment.

Any employee or covered individual who feels harassed is encouraged to report the behavior so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be discrimination and is covered by this policy.

1. Examples of Sexual Harassment

The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited. This list is just a sample of behaviors and should not be considered exhaustive. Any employee who believes they have experienced sexual harassment, even if it does not appear on this list, should feel encouraged to report it:

• Physical acts of a sexual nature, such as:
  • Touching, pinching, patting, kissing, hugging, grabbing, brushing against another employee’s body, or poking another employee’s body; or
  • Rape, sexual battery, molestation, or attempts to commit these assaults, which may be considered criminal conduct outside the scope of this policy (please contact local law enforcement if you wish to pursue criminal charges).
• Unwanted sexual comments, advances, or propositions, such as:
  • Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion, or other job benefits;
  • Subtle or obvious pressure for unwelcome sexual activities; or
  • Repeated requests for dates or romantic gestures, including gift-giving.
• Sexually oriented gestures, noises, remarks or jokes, or questions and comments about a person’s sexuality, sexual experience, or romantic history which create a hostile work environment. This is not limited to interactions in person. Remarks made over virtual platforms and in messaging apps can create a similarly hostile work environment.
• Sex stereotyping, which occurs when someone’s conduct or personality traits are judged based on other people’s ideas or perceptions about how individuals of a particular sex should act or look:
  • Remarks regarding an employee’s gender expression, such as wearing a garment typically associated with a different gender identity; or
  • Asking employees to take on traditionally gendered roles, such as asking a woman to serve meeting refreshments when it is not part of, or appropriate to, her job duties.
• Sexual or discriminatory displays or publications anywhere in the workplace, such as:
  • Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials, or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace;
  • This also extends to the virtual or remote workspace and can include having such materials visible in the background during a virtual meeting.
• Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity, or gender expression, such as:
  • Interfering with, destroying, or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
  • Sabotaging an individual’s work;
  • Bullying, yelling, or name-calling;
  • Intentional misuse of an individual’s preferred pronouns; or
  • Creating different expectations for individuals based on their perceived identities:
    • Dress codes that place more emphasis on women’s attire;
    • Leaving parents/caregivers out of meetings.

1. Who Can be a Target of Sexual Harassment?

Sexual harassment can occur between any individuals, regardless of their sex or gender. Harassment does not have to be between members of the opposite sex or gender. New York Law protects employees and all covered individuals described earlier in the policy. Harassers can be anyone in the workplace. A supervisor, a supervisee, or a coworker can all be harassers. Anyone else in the workplace can also be harassers including an independent contractor, contract worker, vendor, client, student, volunteer, parent, community member, board member, or visitor.

Sexual harassment does not happen in a vacuum and discrimination experienced by an employee can be impacted by biases and identities beyond an individual’s gender. For example:

• Placing different demands or expectations on black women employees than white women employees can be both racial and gender discrimination;
• An individual’s immigration status may lead to perceptions of vulnerability and increased concerns around illegal retaliation for reporting sexual harassment; or
• Past experiences as a survivor of domestic or sexual violence may lead an individual to feel re-traumatized by someone’s behaviors in the workplace.

Individuals bring personal history with them to the workplace that might impact how they interact with certain behavior. It is especially important for all employees to be aware of how words or actions might impact someone with a different experience than their own in the interest of creating a safe and equitable workplace.

1. Where Can Sexual Harassment Occur?

Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer or industry sponsored events or parties. Calls, texts, emails, and social media usage by employees or covered individuals can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices, or during non-work hours.

Any behaviors outlined above that leave an employee feeling uncomfortable, humiliated, or unable to meet their job requirements constitute harassment even if the employee or covered individual is out of the workplace when the harassment occurs. Harassment can happen on virtual meeting platforms, in messaging apps, and after working hours between personal cell phones.

Retaliation

Retaliation is unlawful and is any action by an employer or supervisor that punishes an individual upon learning of a harassment claim, that seeks to discourage a worker or covered individual from making a formal complaint or supporting a sexual harassment or discrimination claim, or that punishes those who have come forward. These actions need not be job-related or occur in the workplace to constitute unlawful retaliation. For example, threats of physical violence outside of work hours or disparaging someone on social media would be covered as retaliation under this policy.

Examples of retaliation may include, but are not limited to:

• Demotion, termination, denying accommodations, reduced hours, or the assignment of less desirable shifts;
• Publicly releasing personnel files;
• Refusing to provide a reference or providing an unwarranted negative reference;
• Labeling an employee as “difficult” and excluding them from projects to avoid conflict;
• Undermining an individual’s immigration status; or
• Reducing work responsibilities, passing over for a promotion, or moving an individual’s desk to a less desirable office location.

Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:

• Made a complaint of sexual harassment or discrimination, either internally or with any government agency;
• Testified or assisted in a proceeding involving sexual harassment or discrimination under the Human Rights Law or any other anti-discrimination law;
• Opposed sexual harassment or discrimination by making a verbal or informal complaint to management, or by simply informing a supervisor or principal of suspected harassment;
• Reported that another employee has been sexually harassed or discriminated against; or
• Encouraged a fellow employee to report harassment.

Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment. Intentionally false or malicious complaints of sexual harassment may result in corrective or disciplinary action taken against the complainant.

Reporting Sexual Harassment

Everyone must work toward preventing sexual harassment, but leadership matters. Supervisors and principals have a special responsibility to make sure employees feel safe at work and that workplaces are free from harassment and discrimination. Any employee or covered individual is encouraged to report harassing or discriminatory behavior to a supervisor, principal or Assistant Superintendent for Human Resources/Title IX Officer. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to a supervisor, principal, or Assistant Superintendent for Human Resources/Title IX Officer.

Reports of sexual harassment may be made verbally or in writing. A written complaint form is attached to this policy if an employee would like to use it, but the complaint form is not required. Employees who are reporting sexual harassment on behalf of other employees may use the complaint form and should note that it is on another employee’s behalf. A verbal or otherwise written complaint (such as an email) on behalf of oneself or another employee is also acceptable.

Employees and covered individuals who believe they have been a target of sexual harassment may at any time seek assistance in additional available forums, as explained below in the section on Legal Protections.

Supervisory Responsibilities

Supervisors and principals have a responsibility to prevent sexual harassment and discrimination. All supervisors and principals who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing or discriminatory behavior, or for any reason suspect that sexual harassment or discrimination is occurring, are required to report such suspected sexual harassment to the Assistant Superintendent for Human Resources/Title IX Officer. Principals and supervisors should not be passive and wait for an employee to make a claim of harassment. If they observe such behavior, they must act.

Supervisors and principals can be disciplined if they engage in sexually harassing or discriminatory behavior themselves. Supervisors and principals can also be disciplined for failing to report suspected sexual harassment or allowing sexual harassment to continue after they know about it.

Supervisors and principals will also be subject to discipline for engaging in any retaliation.

While supervisors and principals have a responsibility to report harassment and discrimination, supervisors and principals must be mindful of the impact that harassment and a subsequent investigation has on victims. Being identified as a possible victim of harassment and questioned about harassment and discrimination can be intimidating, uncomfortable and re-traumatizing for individuals. Supervisors and principals must accommodate the needs of individuals who have experienced harassment to ensure the workplace is safe, supportive, and free from retaliation for them during and after any investigation.

Bystander Intervention

Any employee witnessing harassment as a bystander is encouraged to report it. A supervisor or principal that is a bystander to harassment is required to report it. There are five standard methods of bystander intervention that can be used when anyone witnesses harassment or discrimination and wants to help.

1. A bystander can interrupt the harassment by engaging with the individual being harassed and distracting them from the harassing behavior;
2. A bystander who feels unsafe interrupting on their own can ask a third party to help intervene in the harassment;
3. A bystander can record or take notes on the harassment incident to benefit a future investigation;
4. A bystander might check in with the person who has been harassed after the incident, see how they are feeling and let them know the behavior was not ok; and
5. If a bystander feels safe, they can confront the harassers and name the behavior as inappropriate. When confronting harassment, physically assaulting an individual is never an appropriate response.

Though not exhaustive, and dependent on the circumstances, the guidelines above can serve as a brief guide of how to react when witnessing harassment in the workplace. Any employee witnessing harassment as a bystander is encouraged to report it. A supervisor or principal that is a bystander to harassment is required to report it.

Complaints and Investigations of Sexual Harassment

All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. An investigation of any complaint, information, or knowledge of suspected sexual harassment will be prompt, thorough, and started and completed as soon as possible. The investigation will be kept confidential to the extent possible. All individuals involved, including those making a harassment claim, witnesses, and alleged harassers deserve a fair and impartial investigation.

Any employee may be required to cooperate as needed in an investigation of suspected sexual harassment. The district will take disciplinary action against anyone engaging in retaliation against employees who file complaints, support another’s complaint, or participate in harassment investigations.

The district recognizes that participating in a harassment investigation can be uncomfortable and has the potential to retraumatize an employee. Those receiving claims and leading investigations will handle complaints and questions with sensitivity toward those participating. At the discretion of the Superintendent, additional investigative resources may be engaged.

While the process may vary from case to case, investigations will be done in accordance with the following steps. Upon receipt of a complaint, the Assistant Superintendent for Human Resources/Title IX Officer:

1. Will conduct a prompt review of the allegations, assess the appropriate scope of the investigation, and take any interim actions (for example, instructing the individual(s) about whom the complaint was made to refrain from communications with the individual(s) who reported the harassment), as appropriate. If complaint is verbal, request that the individual completes the complaint form in writing. If the person reporting prefers not to fill out the form, the Assistant Superintendent for Human Resources/Title IX Officer will prepare a complaint form or equivalent documentation based on the verbal reporting;
2. Will take steps to obtain, review, and preserve documents sufficient to assess the allegations, including documents, emails or phone records that may be relevant to the investigation. The Assistant Superintendent for Human Resources/Title IX Officer will consider and implement appropriate document request, review, and preservation measures, including for electronic communications;
3. Will seek to interview all parties involved, including any relevant witnesses;
4. Will create a written documentation of the investigation (such as a letter, memo or email), which contains the following:
5. A list of all documents reviewed, along with a detailed summary of relevant documents;
6. A list of names of those interviewed, along with a detailed summary of their statements;
7. A timeline of events;
8. A summary of any prior relevant incidents disclosed in the investigation, reported or unreported; and
9. The basis for the decision and final resolution of the complaint, together with any corrective action(s).
10. Will keep the written documentation and associated documents in a secure and confidential location;
11. Will promptly notify the individual(s) who reported the harassment and the individual(s) about whom the complaint was made that the investigation has been completed and implement any corrective actions identified in the written document; and
12. Will inform the individual(s) who reported of the right to file a complaint or charge externally as outlined in the next section.

The district will retain the written documentation described above for a period of three years.

Appeals

Either party who is not satisfied with the outcome of the investigation may appeal to the Superintendent by submitting a written request within 15 calendar days of receiving notification of the outcome. The Superintendent will review the documentation from the initial complaint and will hold an informal hearing within 15 calendar days of the receipt of the appeal, where all involved parties may appear. The Superintendent will make a determination in writing within 15 calendar days of the hearing and notify the complainant and alleged harasser in writing of the determination, or that additional time is needed to complete the appeal.

If the Superintendent is the subject of the complaint, the appeal must be filed with the Board President, who will refer the complaint to a trained investigator not employed by the district.

Legal Protections and External Remedies

Sexual harassment is not only prohibited by the district, but it is also prohibited by state, federal, and, where applicable, local law.

The internal process outlined in the policy above is one way for employees to report sexual harassment. Employees and covered individuals may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may also seek the legal advice of an attorney.

1. New York State Division of Human Rights

The New York State Human Rights Law (HRL), N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State and protects employees and covered individuals, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the New York State Division of Human Rights (DHR) or in New York State Supreme Court.

Complaints of sexual harassment filed with DHR may be submitted any time within three years of the harassment. If an individual does not file a complaint with DHR, they can bring a lawsuit directly in state court under the Human Rights Law, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.

Complaining internally to the district does not extend your time to file with DHR or in court. The three years are counted from the date of the most recent incident of harassment.

You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases receive a public hearing before an administrative law judge. If sexual harassment is found at the hearing, DHR has the power to award relief. Relief varies but it may include requiring your employer to take action to stop the harassment, or repair the damage caused by the harassment, including paying of monetary damages, punitive damages, attorney’s fees, and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.ny.gov.

Go to dhr.ny.gov/complaint for more information about filing a complaint with DHR. The website has a digital complaint process that can be completed on your computer or mobile device from start to finish. The website has a complaint form that can be downloaded, filled out, and mailed to DHR as well as a form that can be submitted online. The website also contains contact information for DHR’s regional offices across New York State.

Call the DHR sexual harassment hotline at 1(800) HARASS3 for more information about filing a sexual harassment complaint. This hotline can also provide you with a referral to a volunteer attorney experienced in sexual harassment matters who can provide you with limited free assistance and counsel over the phone.

1. The United States Equal Employment Opportunity Commission

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act, 42 U.S.C. § 2000e et seq. An individual can file a complaint with the EEOC anytime within 300 days from the most recent incident of harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred. If the EEOC determines that the law may have been violated, the EEOC will try to reach a voluntary settlement with the employer. If the EEOC cannot reach a settlement, the EEOC (or the Department of Justice in certain cases) will decide whether to file a lawsuit. The EEOC will issue a Notice of Right to Sue permitting workers to file a lawsuit in federal court if the EEOC closes the charge, is unable to determine if federal employment discrimination laws may have been violated, or believes that unlawful discrimination occurred by does not file a lawsuit.

Individuals may obtain relief in mediation, settlement or conciliation. In addition, federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

An employee alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

If an individual filed an administrative complaint with the New York State Division of Human Rights, DHR will automatically file the complaint with the EEOC to preserve the right to proceed in federal court.

1. Local Protections

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment or discrimination with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 22 Reade Street, 1st Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.

1. Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement, or coerced sex acts or other potentially criminal activity, the conduct may constitute a crime. Those wishing to pursue criminal charges are encouraged to contact their local police department.

1. Contact the District’s Title IX Coordinator

The district is required to address instances of sex discrimination and sex-based harassment which could be prohibited under Title IX and its regulations.  Employees are encouraged to contact the district’s Title IX Coordinator with complaints of sex discrimination and sex-based harassment.

Notice and Training

The district will provide all existing employees with either a paper or electronic copy of the district’s sexual harassment policy and regulation, and will provide the same to new employees before the employee starts their job.  These materials will be provided in English and in an employee’s primary language, for those languages for which the NYS Department of Labor has provided a translated template policy.

All new employees will receive training on this policy and regulation at new employee orientation or as soon as possible after starting their job, unless they can demonstrate that they have received equivalent training within the past year from a previous employer. All other employees will be provided training at least once a year regarding this policy and the district’s commitment to a harassment-free working environment. Principals and other administrative employees who have specific responsibilities for investigating and resolving complaints of sexual harassment will receive yearly training on this policy, regulation and related legal developments.  Training will be provided in English and in an employee’s primary language, for those languages for which the NYS Department of Labor has provided translated model training.

Annual employee training programs will be interactive and include: (i) an explanation of sexual harassment consistent with guidance issued by the NYS Department of Labor and the NYS Division of Human Rights; (ii) examples of conduct that is unlawful sexual harassment; (iii) information on federal and state laws about sexual harassment and remedies available to victims of sexual harassment; (iv) information concerning employees’ right to make complaints and all available forums for investigating complaints; and (v) address the conduct and responsibilities of supervisors.

Conclusion

The policy outlined above is aimed at providing district employees and covered individuals an understanding of their right to a discrimination and harassment free workplace. All employees should feel safe at work. Though the focus of this policy is on sexual harassment and gender discrimination, the New York State Human Rights law protects against discrimination in several protected classes including sex, sexual orientation, gender identity or expression, age, race, creed, color, national origin, military status, disability, pre-disposing genetic characteristics, familial status, marital status, criminal history, or domestic violence survivor status. The prevention policies outlined above should be considered applicable to all protected classes.

Cross-ref: 0111, Sex Discrimination and Sex-Based Harassment Under Title IX

Ref: Title VII of Civil Rights Act (1964), 42 U.S.C. §2000-e; 34 CFR §100 et seq.

Executive Law §296

Executive Law §296-d (prohibition of sexual harassment of employees and non-employees)

Labor Law §201-g (required workplace sexual harassment policy and training)

Civil Practice Law and Rules §§5003-b (nondisclosure agreements optional); 7515 (mandatory arbitration prohibited)

General Obligations Law §5-336 (nondisclosure agreements optional)

Faragher v. City of Boca Raton, 524 U.S. 775 (1998)

Burlington Industries v. Ellerth, 524 U.S. 742 (1998)

Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998)

Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)

Adopted: October 22, 2024

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0110-R Sexual Harassment Regulation

0115 Student Harassment and Bullying Prevention and Intervention

Definitions

1. Bullying

Bullying, under the amended Dignity for All Students Act, has the same meaning as harassment (see below). The accompanying regulation provides more guidance regarding the definition and characteristics of bullying to help the school community recognize the behavior.

2. Cyberbullying

Cyberbullying is defined as harassment (see below) through any form of electronic communication.

3. Discrimination

Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others, to an individual or group of people because of the group, class or category to which that person belongs (as enumerated in the Definitions section, under Harassment, below).

4. Hazing

Hazing is an induction, initiation or membership process involving harassment which produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur.

5. Harassment

Harassment has been defined in various ways in federal and state law and regulation. The Board recognizes that these definitions are important standards, but the Board’s goal is to prevent misbehavior from escalating in order to promote a positive school environment and to limit liability. The Dignity for All Students Act (§§10-18 of Education Law) defines harassment as the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse, including cyberbullying, that (a) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; (b) reasonably causes or would reasonably be expected to cause a student to fear for their physical safety; (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. The harassing behavior may be based on any characteristic, including but not limited to a person’s actual or perceived:

• Race (including traits historically associated with race, including, but not limited to, hair texture and protective hairstyles such as but not limited to braids, locks, and twists),
• color,
• weight,
• national origin,
• ethnic group,
• religion,
• religious practice,
• disability,
• physical or mental health condition,
• sex,
• sexual orientation, or
• gender (including gender identity and expression)

For the purpose of this definition the term “threats, intimidation or abuse” includes verbal and non-verbal actions.

In some instances, bullying or harassment may constitute a violation of an individual’s civil rights. The district is mindful of its responsibilities under the law and in accordance with district policy regarding civil rights protections

In order to streamline the wording of this policy and regulation the term bullying will be used throughout to encompass harassment, intimidation, cyberbullying and hazing behaviors.

Prevention

Intervention

Provisions For Students Who Do Not Feel Safe at School

Incident Reporting and Investigation

Disciplinary Consequences/Remediation

Non-Retaliation

Training

Dissemination, Monitoring, Review, and Reporting

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0115-R Student Harassment and Bullying Prevention and Intervention Regulation

The Board condemns and strictly prohibits all forms of discrimination, including, but not limited to harassment, hazing, intimidation and bullying on school grounds, school buses and at all school-sponsored activities, programs and events. Discrimination, harassment, hazing or bullying that takes place at locations outside of school grounds, such as cyberbullying, which can be reasonably expected to materially and substantially interfere with the requirements of appropriate discipline in the operation of the school or impinge on the rights of other student are prohibited, and may be subject to disciplinary consequences.

Definitions

1. Bullying

Under the amended Dignity for All Students Act, bullying and harassment are equivalent and used interchangeably. In order to facilitate implementation, provide meaningful guidance and prevent behaviors from rising to a violation of law, bullying is further understood to be a hostile activity which harms or induces fear through the threat of further aggression and/or creates terror. Bullying may be premeditated or a sudden activity. It may be subtle or easy to identify, done by one person or a group. Bullying often includes the following characteristics:

1. Power imbalance – occurs when a bully uses their physical or social power over a target.
2. Intent to harm – the bully seeks to inflict physical or emotional harm and/or takes pleasure in this activity.
3. Threat of further aggression – the bully and the target believe the bullying will continue.

2. Discrimination

Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others, to an individual or group of people because of the group, class or category to which that person belongs (as listed under Harassment as defined below).

3. Harassment

Harassment has been defined in various ways in federal and state law (including the penal law) and regulation. The Board recognizes that these definitions are important standards, but the Board’s goal is to prevent behaviors from escalating to violations of law and, instead, to promote a positive school environment and limit liability. The Dignity for All Students Act (§§10-18 of Education Law) defines harassment as the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse, including cyberbullying, that (a) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; (b) reasonably causes or would reasonably be expected to cause a student to fear for their physical safety; (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. The harassing behavior may be based on any characteristic, including but not limited to a person’s actual or perceived:

• Race (including traits historically associated with race, including but not limited to hair texture and protective hairstyles (such as but not limited to braids, locks, and twists)),
• color,
• weight,
• national origin,
• ethnic group,
• religion,
• religious practice,
• disability,
• mental or physical health condition
• sex,
• sexual orientation, or
• gender (including gender identity and expression).
  • Gender identity is one’s self-conception as being male or female, as distinguished from actual biological sex or sex assigned at birth.
  • Gender expression is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyles, activities, voice or mannerisms.

For the purposes of this definition, the term “threats, intimidation or abuse” includes verbal and non-verbal actions.

Hazing

Hazing is an induction, initiation or membership process involving harassment which produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur.

Prevention

Prevention is the cornerstone of the district’s effort to address bullying and harassment. The components of such an effort include:

• District curriculum will emphasize developing empathy, tolerance and respect for others.
• Learning about and identifying the early warning signs and precursor behaviors that may lead to bullying.
• Gathering information about bullying at school directly from students (through surveys and other mechanisms); analyzing and using the data gathered to assist in decision-making about programming and resource allocation.
• Establishing clear school wide and classroom rules about bullying consistent with the district’s code of conduct.
• Training adults in the school community to respond sensitively and consistently to bullying.
• Raising awareness among adults, through training, of the school experiences of marginalized student populations (as enumerated in the Definitions section above), social stigma in the school environment, gender norms in the school environment, and strategies for disrupting bullying, intimidation, harassment or other forms of violence.
• Providing adequate supervision, particularly in less structured areas such as in the hallways, cafeteria, school bus and playground.
• Raising parental awareness and involvement in the prevention program and in addressing problems.
• Using educational opportunities or curriculum, including, if applicable, the Individual Educational Program (IEP), to address the underlying causes and impact of bullying.

Role of the Dignity Act Coordinators

The Board of Education will annually designate staff members, who have been thoroughly trained in human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression), and sex, as the Dignity Act Coordinators, accountable for implementation of this policy at each building. Dignity Act Coordinators will be responsible for coordinating and enforcing this policy and regulation in each school building, including but not limited to coordination of:

• the work of the building-level committees;
• professional development for staff members and,
• the complaint process, and
• management of the Dignity Act’s civility curriculum components.

Incident(s) Reporting

In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets and persons with knowledge of bullying report such behavior immediately to the Dignity Act Coordinator (the principal or principal’s designee) as soon as possible after the incident so that it may be effectively investigated and resolved. The district will also make a bullying complaint form available on its website to facilitate reporting. The district will collect relevant data from written and verbal complaints to allow for systematic reporting.

Staff who observe or learn of incident(s) of bullying are required, in accordance with State law, to orally report it to the DAC within one school day and to fill out the district reporting form within two school days. Staff who are unsure of the reporting procedure are expected to ask their supervisors how to proceed. District employees may be deemed to have permitted unlawful discrimination or harassment if they fail to report an incident whether or not the target complains.

The district will thoroughly, promptly and equitably investigate all complaints, formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner, although limited disclosure may be necessary to complete a thorough investigation.

In order to assist investigators, individuals should document the bullying as soon as it occurs and with as much detail as possible including: the nature of the incident(s); dates, times, places it has occurred; name of perpetrator(s); witnesses to the incident(s); and the target’s response to the incident.

Confidentiality

It is district policy to respect the privacy of all parties and witnesses to bullying. To the extent possible, the district will not release the details of a complaint or the identity of the complainant or the individual(s) against whom the complaint is filed to any third parties who do not need to know such information. However, because an individual’s desire for confidentiality must be balanced with the district’s legal obligation to provide due process to the accused, to conduct a prompt and thorough investigation, and/or to take necessary action to resolve the complaint, the district retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know. The staff member responsible for investigating complaints will discuss confidentiality standards and concerns with all complainants.

If a complainant requests that their name not be revealed to the individual(s) against whom a complaint is filed, the staff member responsible for conducting the investigation will inform the complainant that:

1. the request may limit the district’s ability to respond to the complaint;
2. district policy and federal law prohibit retaliation against complainants and witnesses;
3. the district will attempt to prevent any retaliation; and
4. the district will take strong responsive action if retaliation occurs.

If the complainant still requests confidentiality after being given the notice above, the investigator will take all reasonable steps to investigate and respond to the complaint consistent with the request as long as doing so does not preclude the district from responding effectively to the bullying and preventing the bullying of other students.

Investigation and Resolution Procedure

A. Initial (Building-level) Procedure

Whenever a complaint of bullying is received whether verbal or written, it will be subject to a preliminary review and investigation. Except in the case of severe or criminal conduct, the Dignity Act Coordinator (the principal or principal’s designee) will make all reasonable efforts to resolve complaints informally at the school level. The goal of informal procedures is to end the bullying, prevent future incidents, ensure the safety of the target and obtain a prompt and equitable resolution to a complaint.

As soon as possible, but no later than three school business days following receipt of a complaint, the Dignity Act Coordinator (the principal or principal’s designee) should begin an investigation of the complaint by:

• Reviewing any written documentation provided by the target(s).
• Conducting separate interviews of the target(s), alleged perpetrator(s), and witnesses, if any, and documenting the conversations.
• Providing the alleged perpetrator(s) a chance to respond and notify them that if objectionable behavior has occurred, it must cease immediately. The individual will be made aware of remediation opportunities as well as potential disciplinary consequences.
• Determining whether the complainant needs any accommodations to ensure their safety, and following up periodically until the complaint has been resolved. Accommodations may include, but are not limited to:
  • A “permanent” hall pass that allows the student to visit a designated adult at any time;
  • Access to private bathroom facilities;
  • Access to private locker room facilities;
  • An escort during passing periods;
  • If the student feels unsafe in a specific class, an opportunity for individual tutoring or independent study until the case is resolved;
  • An opportunity for independent study at home with district-provided tutor until the case is resolved;
  • Permission to use personal cell phone in the event that the student feels threatened and needs immediate access to parent or guardian;
  • Assignment of a bus monitor.

The district recognizes that there is a need to balance accommodations which enhance student safety against the potential to further stigmatize the targeted student. Therefore, each case will be handled individually, and the student, parent(s)/guardian(s), and school administration will collaborate to establish safety provisions that best meet the needs of the targeted student. Follow-up discussion and/or meetings will be scheduled, as needed, to ensure that safety concerns have been adequately addressed and to determine when and if accommodations need to be changed or discontinued.

Parents/guardians of student targets and accused students should be notified within one school day of allegations that are serious or involve repeated conduct.

Where appropriate, informal methods may be used to resolve the complaint, including but not limited to:

a. discussion with the accused, informing them of the district’s policies and indicating that the behavior must stop;
b. suggesting counseling, skill building activities and/or sensitivity training;
c. conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;
d. requesting a letter of apology to the target;
e. writing letters of caution or reprimand; and/or
f. separating the parties.

Appropriate disciplinary action will be recommended and imposed in accordance with district policy, the applicable collective bargaining agreement or state law. The district will make every reasonable effort to attempt to first resolve the misconduct through non-punitive measures.

The investigator will report back to both the target and the accused, within five school business days notifying them in writing, and also in person, as appropriate, regarding the outcome of the investigation and the action taken to resolve the complaint. The actions taken will be in conformance with the Remediation/Discipline/Penalties section of this regulation. The target will be asked to report immediately if the objectionable behavior occurs again or if the alleged perpetrator retaliates against them.

If a complaint contains evidence or allegations of serious or extreme bullying, or a civil rights violation, the complaint will be referred promptly to the Superintendent. The complainant will also be advised of other avenues to pursue their complaint, including contact information for state and federal authorities.

In addition, where the Dignity Act Coordinator (the principal or principal’s designee) has a reasonable suspicion that the alleged bullying incident involves criminal activity, they must immediately notify the Superintendent, who will then contact the school attorney, appropriate child protection and, if appropriate, law enforcement authorities.

B. District-level Procedure

The Superintendent or designee will promptly investigate and equitably resolve all bullying complaints that are referred to them, as well as those appealed to the Superintendent following an initial investigation. In the event the complaint involves the Superintendent, the complaint will be filed with or referred to the Board President, who will refer the complaint to an appropriate independent individual for investigation.

The district level investigation should begin as soon as possible, but not later than three school business days, following receipt of the complaint by the Superintendent or Board President.

In conducting the formal district level investigation, the district will endeavor to use individuals who have received formal training regarding such investigations or that have previous experience investigating such complaints.

If a district level investigation results in a determination that bullying did occur, prompt corrective action will be taken to end the misbehavior in accordance with the Remediation/Discipline/Penalties section of this regulation.

No later than 30 calendar days following receipt of the complaint, the Superintendent (or in cases involving the Superintendent, the Board-appointed investigator) will notify the target and alleged perpetrator, in writing, of the outcome of the investigation. If additional time is needed to complete the investigation or take appropriate action, the Superintendent or Board-appointed investigator will provide all parties with a written status report within 30 calendar days following receipt of the complaint.

Any party who is not satisfied with the outcome of the district-level investigation may appeal to the Board of Education by submitting a written request to the Board President within 30 calendar days.

C. Board-level Procedure

When a request for review by the Board has been made, the Superintendent will submit all written statements and other materials concerning the case to the President of the Board.

The Board will notify all parties concerned of the time and place when a hearing will be held. Such hearing will be held within 15 school business days of the receipt of the request of the complainant.

The Board will render a decision in writing within 15 calendar days after the hearing has been concluded.

The district will retain documentation associated with complaints and investigations in accordance with Schedule LGS-1.

Retaliation Prohibited

Any act of retaliation against any person who opposes bullying behavior, or who has filed a complaint, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a bullying complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other form of harassment. Any person who retaliates is subject to immediate disciplinary action up to and including suspension or termination.

Remediation/Discipline/Penalties

Any individual who violates this policy by engaging in bullying will be subject to appropriate action, which may include disciplinary action. Remedial responses to bullying include measures designed to correct the problem behavior, prevent another occurrence of the behavior, and protect the target of the act. Appropriate remedial measures may include, but are not limited to:

• Restitution and restoration;
• Peer support group;
• Corrective instruction or other relevant learning or service experience;
• Changes in class schedule
• Supportive intervention;
• Behavioral assessment or evaluation;
• Behavioral management plan, with benchmarks that are closely monitored;
• Student counseling;
• Parent/guardian conferences; or
• Student treatment or therapy.

Environmental remediation may include, but is not limited to:

• School and community surveys or other strategies for determining the conditions contributing to the relevant behavior;
• Modification of schedules;
• Adjustment in hallway traffic and other student routes of travel;
• Targeted use of monitors;
• Parent/guardian education seminars/workshops;
• Peer support groups.

Disciplinary measures available to school authorities include, but are not limited to the following:

Students: Discipline may range from a reprimand up to and including suspension from school, to be imposed consistent with the Code of Conduct and applicable law.

Employees: Discipline may range from a warning up to and including termination, to be imposed consistent with all applicable contractual and statutory rights.

Volunteers: Penalties may range from a warning up to and including loss of volunteer assignment.

Vendors: Penalties may range from a warning up to and including loss of district business.

Other individuals: Penalties may range from a warning up to and including denial of future access to school property.

Policy Dissemination

All students and employees will be informed of this policy on the district website and student registration materials. Information summarizing the policy will also be posted in a prominent location at each school.

All employees will receive information about this policy and regulation at least once a year.

Principals in each school will be responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures for filing a complaint and information about the impact of bullying on the target and bystanders.

Training

Training needs in support of this bullying prevention and intervention program will be reflected in the district’s annual professional development plan, new teacher orientation, in curriculum and will be considered in the budget process. The DAC(s), administrative employees and other staff, such as counselors or social workers who have specific responsibilities for investigating and/or resolving complaints of bullying will receive yearly training to support implementation of this policy, regulation and on related legal developments.

Ref: https://www.hrc.org/resources/sexual-orientation-and-gender-identity-terminology-and-definitions

Note: Replaces Policy #5040-R

Adopted May 8, 2012
Revised and Adopted January 11, 2022
Revised and Adopted August 9, 2022
Revised and Reviewed January 16, 2024

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0200 School District Operations Goals

To further its educational philosophy, and to achieve its educational mission, the Board of Education establishes the following goals:

1. to employ the best possible school staff, including both professional and support personnel;
2. to encourage the development of positive and supportive interpersonal relationships among the students, the staff and members of the community;
3. to ensure that staff, students, and parents are afforded opportunities for meaningful participation in the development and evaluation of programs and policies;
4. to strive for maximum efficiency in the use of district resources to meet the goals and objectives of the various programs and policies;
5. to provide educational programs and services which fulfill the needs of the district and comply with Commissioner’s Regulations;
6. to promote the development of programs and services which encourage cooperative interaction between the community-at-large and district staff and students; and
7. to promote the continued learning and development of its staff members.

Adopted June 6, 1995
Reviewed, Adopted April 9, 2013
Reviewed July 5, 2018

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0310 Evaluation of School Board Operational Procedures

The Board of Education shall review the effective¬ness of its internal operations at least once annually. The Superintendent of Schools and others who work regularly with the Board shall be asked to participate in this review and to suggest ways by which the Board can improve its functioning as a deliberative and legislative body.

The Board shall set forth the standards by which it will evaluate itself, taking into account the following:

1. the district’s needs and the Board’s ability to meet such needs;
2. the district’s goals for its instructional programs;
3. the fiscal health of the district;
4. the Board’s relationship with the Superintendent and district staff;
5. the Board’s relationship with its supervisory district (BOCES); and
6. the community’s perception of Board members as educational leaders.

All decisions of the Board are to be supported by as much objective evidence and reasoning as possible. Implied in this approach is an assumption that any school board is capable of improvement. The chances that improvement will result are enhanced if evaluation is carried out systemati¬cally in accordance with good planning, conscientious follow-through, and careful assessment of results.

Cross-Ref: 2000, Board Operational Goals

Adopted June 20, 1995
Reviewed, Adopted April 9, 2013
Revised, Adopted January 26, 2021

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0320 Evaluation of Superintendent

The Board of Education recognizes that student growth, district progress, and community satisfaction are all affected by the performance of the Superintendent of Schools. The Superintendent cannot function effectively without periodic feedback about his/her performance. Therefore the Board recognizes its responsibilities to evaluate the Superintendent.

During each year of the Superintendent’s appointment, the Board and the Superintendent will meet to discuss a plan of performance review and accountability for that school year. The evaluation shall be based upon performance criteria and goals mutually agreed upon by the Board and the Superintendent. Such evaluation shall occur at least annually, pursuant to the regulations of the Commissioner of Education, and will be discussed only during an executive session. The evaluation process is intended to provide the highest quality leadership for the school system.

Adopted April 4, 1995
Revised, Adopted April 9, 2013
Reviewed July 5, 2018

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0330 Evaluation of Staff

The principles of evaluation outlined in this policy shall be applied to all members of the district’s staff.

Principles and criteria for evaluation of staff should be drawn from and reflect the district’s educational philosophy and mission (reference 0000) which insures the continuing existence of a secure and healthful learning environment for all students.

The purposes of staff evaluations are:

1. to provide an objective basis for improving and upgrading individual performance;
2. to ensure that employees meet performance standards.

The evaluation process should produce an outcome which is positive, emphasizes excellence, and promotes the continued learning and development of staff.

Performance evaluations will be based on job descriptions which reflect the responsibilities of each position.

Performance should be measured by clearly stated and commonly understood criteria.

Each staff member will be formally evaluated at least once each year by the administrative or supervisory staff assigned that responsibility.
The development of procedures and guidelines for evaluations shall be the responsibility of the Superintendent.
Where applicable, the procedures and guidelines for evaluations shall be consistent with Education Law, Commissioner’s Regulations and the collective bargaining agreements in effect between the district and the appropriate bargaining unit.

Adopted June 6, 1995
Revised, Adopted April 9, 2013
Revised, Adopted July 5, 2018

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0350 Evaluation of Instructional Programs

The Board of Education recognizes that learning is a continuous process that cannot be satisfactorily achieved without the coordination and cooperation of all components of the system. To achieve the highest quality of education on all levels, a critical appraisal of the program as it operates in each school and at each level is essential. The Superintendent of Schools shall develop standards and procedures for the evaluation of instructional programs.

The purposes of evaluating the instructional programs are to:

1. indicate instructional strengths and weaknesses;
2. provide information needed for advance planning;
3. provide data for public information;
4. show the relationship between achievement and the school system’s stated goals; and
5. review the suitability of the instructional program in terms of community values and priorities.

The Board shall receive regular reports of the results of instructional program evaluations.

Adopted April 8, 1997
Revised, Adopted April 9, 2013
Revised, Adopted July 5, 2018

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