APPENDIX Y

Dignity for All Students Act (DASA) Protocol and Processes

The Dignity for All Students Act seeks to afford all students in public schools an environment free of discrimination and harassment, foster civility, and prevent and prohibit conduct inconsistent with a school’s educational mission. The Act protects all students attending public schools in New York state by prohibiting harassment and bullying by employees or students on school property or at a school function.

School employees who witness harassment, bullying, and/or discrimination or receive an oral or written report of harassment, bullying, and/or discrimination shall promptly orally notify the Dignity Act Coordinator not later than one school day after such employee witnesses or receives a report of harassment, bullying, and/or discrimination. (Dignity Act Reporting Requirements) Such conduct shall include, but is not limited to, threats, intimidation or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

A written report must be completed within two school days after receiving an oral report. The written report must be filed with the District Dignity Act Coordinator.

Action Steps and Forms

Immediate Crisis Support

Action Steps and Forms

Receiving Incidents and Complaints

  • J-D DASA Report Form
  • Checklist
    • Complete DASA Report Form
    • Email electronic copy to District Dignity Act Coordinator
    • Contact parents of all students involved in mistreatment
    • Identify investigation team, considering identities and nature of the mistreatment
  • Resources and Considerations
    • District Dignity Act Coordinator Nate Franz (nfranz@jd.cnyric.org)

Action Steps and Forms

Incident Investigation

  • Interview Form
  • Checklist
    • Interview target(s) separately, and away from the alleged offender
    • Interview the student or adult accused of any reported mistreatment
    • Interview any witnesses to any reported mistreatment
    • Collect objective evidence from recording devices, or sources of cyberbullying
    • Upload all interview forms and evidence in shared incident folder
    • Communicate with persons in parental relation to the student offender of a reported mistreatment
  • Resources and Considerations
    • Interviews and other methods of information gathering may cause harm when not conducted in an appropriate manner. Before gathering any information, review the following resources:
    • Trauma-Informed Interviewing Techniques
    • Consider potential areas of bias and plan to address those concerns proactively

Action Steps and Forms

Determine if a Report is Verified as a Material Incident

Action Steps and Forms

Safety/Support Planning

  • Target Student Action Plan
  • Strategies for Working with Students who Bully
  • Checklist
    • Consult with individuals and families of students who have been harmed by incidents of bias on their own safety and support planning to the extent desired
    • Offer educational opportunities for safety and support planning that address the impact of the actions.
    • Prioritize non-punitive remedial measures, unless there is a risk to health or safety and/or this is a repeated violation with intent to cause harm and previous educational opportunities and remedial measures have not been effective.
    • Resources and Considerations

Action Steps and Forms

Communication

  • Checklist
    • Provide written communication of the outcome to all parties that include that the investigation is completed, details of the findings and final determination, a list of actions taken and measure employed to prevent a recurrence of misconduct or harassment.
  • Resources and Considerations
    • Sample Communication

Action Steps and Forms

  • Checklist
    • Meet with all Dignity Act Coordinators to review incident and process
    • Determine the need for educational opportunities for students, staff and/or parents and community members to prevent this action from occurring in the future.
    • Recommend improvements or changes to district policies and procedures, if applicable.
  • Resources and Considerations
    • Reflection Questions

Definitions

Material Incident: A single verified incident or a series of related verified incidents where a student is subjected to harassment, bullying and/or discrimination by a student and/or employee.

Harassment and Bullying: The creation of a hostile environment by conducting or by threats, intimidation, or abuse, including cyberbullying, that:

  • 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; or
  • Reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or
  • Reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student.

Discrimination: Discrimination against any student by a student or students and/or an employee or employees on school property or at a school function including, but not limited to, discrimination based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

Sexual Orientation: Actual or perceived heterosexuality, homosexuality or bisexuality. Gender: Actual or perceived sex and shall include a person’s gender identity or expression.