3110 MEDIA/MUNICIPAL GOVERNMENTS/SENIOR CITIZENS
School District Media
The building principal is responsible for the preparation of news releases concerning the activities within that building, and for reviewing them with the Superintendent prior to release. Copies of all final news releases will be sent to the Superintendent’s Office.
In addition, a periodic newsletter may be prepared and sent to each resident of the District or posted on its website. Included in the newsletter will be information regarding school activities, a monthly calendar, and other items of interest to the community. The Board accepts the funding obligation for the necessary staff and production costs.
As the official spokesperson, the Superintendent or designee will issue all news releases concerning the District. All statements of the Board will be released through the Office of the Superintendent and/or the District Clerk.
Municipal Governments
The Board will establish and maintain a positive working relationship with the governing bodies of the municipality. The Board will also cooperate with municipal, county, and state agencies whose work affects the welfare of the children of the District, including, but not limited to, the County Social Services Department, the Board of Health, the Recreation Department, the Public Library, and all community emergency services agencies.
Senior Citizens
The Board will consider school related programs for senior citizens in accordance with Education Law and/or the Commissioner’s regulations. These programs include special use of school buildings or school buses, school lunches, and partial tax exemptions.
Education Law §§ 1501-b(1)(a), 1501-b(1)(b), and 1709(22)
Real Property Tax Law § 467
Adoption Date: May 23, 2022
3120 DISTRICT STANDARDS AND GUIDELINES FOR WEB PAGE PUBLISHING
General Criteria
The availability of Internet access in the District provides an opportunity for staff and students to access information and contribute to the District’s online presence. The District/school/classroom websites must relate to curriculum or instructional matters, school authorized activities, or general information of interest to the public pertaining to the District or its schools. Staff and students are prohibited from publishing personal home pages or links to personal home pages as part of the District/school/classroom Web Page(s). Similarly, no individual or outside organization will be permitted to publish personal Web Pages as part of the District/school/classroom Web Page(s).
Internet access for the creation of Web Pages is provided by the District and all information must be reviewed by the Website Manager prior to publishing it on the Web. Personnel designing information for the Web Pages must familiarize themselves with and adhere to District standards and procedures. Failure to follow District standards or responsibilities may result in disciplinary sanctions in accordance with law and/or the applicable collective bargaining agreement.
The District will ensure that any and all notifications and documents required by law, regulation, or District policy to be posted on its website will be published.
Content Standards
a) Approval for posting a Web Page must be obtained from the Website Manager or his or her designee(s). If at any time, the Website Manager or designee(s) believes the proposed material does not meet the standards approved by the District, it will not be published on the Web. Decisions regarding access to active Web Pages for editing content or organization will be the responsibility of the Website Manager or designee(s).
b) A Web Page must be sponsored by a member of the District faculty, staff or administration who will be responsible for its content, design, currency and maintenance. The sponsor is responsible for ensuring that those constructing and maintaining the Web Page have the necessary technical training and that they fully understand and adhere to District policies and regulations. The Web Page must include the name of the sponsor.
c) Staff or student work should be published only as it relates to a school/classroom authorized project or other school-related activity, and in compliance with any and all relevant laws, rules, and regulations.
d) The review of a Student Web Page (if considered a school-sponsored student publication) will be subject to prior District review as would any other school-sponsored student publication.
e) An authorized teacher who is publishing the final Web Page(s) for himself or herself or for a student will edit and test the Page(s) for accuracy of links and check for conformance with District standards and practices.
f) Commercial advertising or marketing on the District/school/classroom Web Page(s) (or the use of school-affiliated Web Pages for the pursuit of personal or financial gain) will be prohibited unless otherwise authorized in accordance with law and/or regulation. Decisions regarding website advertising must be consistent with existing District policies and practices on this matter. School-affiliated Web Pages may mention outside organizations only in the context of school programs that have a direct relationship to those organizations (e.g., sponsorship of an activity, student community service project).
g) Web Pages may include faculty or staff names; however, other personal information about employees including, but not limited to, home telephone numbers, addresses, email addresses, or other identifying information such as names of family members may be published only with the employee’s written permission.
h) All Web Pages must conform to the standards for appropriate use found in the District’s Acceptable Use Policy(ies) and accompanying regulations regarding standards of acceptable use; examples of inappropriate behavior; and compliance with applicable laws, privacy, and safety concerns.
i) All staff and/or students authorized to publish material on the District/school/classroom Web Page(s) must acknowledge receipt of the District’s Web Page Standards and agree to comply with these standards prior to posting any material on the Web.
Release of Student Education Records/Directory Information
The District will not permit students’ personally identifiable information to be posted on any District Web Pages unless the posting is consistent with the Family Educational Rights and Privacy Act (FERPA) and District policy.
Use of Copyrighted Materials and Fair Use Exceptions
Copyrighted Materials
All employees and students are prohibited from copying materials not specifically allowed by the copyright law, Fair Use guidelines, licenses, or contractual agreements, or the permission of the copyright proprietor. Web Page publications must include a statement of copyright when appropriate and indicate that permission has been secured when including copyrighted materials or notice that the publication is in accordance with the Fair Use provisions of the Copyright Law.
Consequences for Non-Compliance
Web Pages that do not comply with the above criteria are subject to revocation of approval and removal from the District/school/classroom websites.
Staff
Faculty or staff posting non-approved or inappropriate material on a school-affiliated website are subject to discipline, including possible suspension or revocation of access to the District’s computer network, in accordance with law and applicable collective bargaining agreements. In the case that a violation may constitute a criminal offense, it will be reported to the appropriate authorities.
Students
Students posting non-approved or inappropriate material on a school-affiliated website are subject to discipline, including possible suspension or revocation of access to the District’s computer network, in accordance with applicable due process procedures and the District Code of Conduct. In the case that a violation may constitute a criminal offense, it will be reported to the appropriate authorities.
Oversight
The Superintendent or designee will have the authority to approve or deny the posting of any proposed Web Pages on school-affiliated websites based upon compliance with the terms and conditions set forth in this policy as well as applicable District practices and procedures.
Digital Millennium Copyright Act (DMCA), 17 USC §§ 101 et seq., 512 and 1201 et seq.
Family Educational Rights and Privacy Act of 1974, 20 USC § 1232(g)
34 CFR Parts 99 and 201
NOTE: Refer also to Policies #7241 — Student Directory Information
#7410 — Extracurricular Activities
#8350 — Use of Copyrighted Materials
Adoption Date: May 23, 2022
3140 FLAG DISPLAY
In accordance with State Education Law and Executive Law, the Board will display the United States flag upon or near each public school building during school hours, weather permitting, and such other times as the statutes may require or the Board may direct.
When ordered by the President, Governor, or local official, to commemorate a tragic event or the death of an outstanding individual, the flag will be flown at half-staff. The Superintendent’s approval will be required for the flag to be flown at half-staff on any other occasion.
The flag will be displayed in every assembly room (i.e., the auditorium) including the room where the Board meetings are conducted, as well as displayed in all rooms used for instruction.
4 USC § 6
Education Law §§ 418-420
Executive Law §§ 402 and 403
8 NYCRR §§ 108.1-108.3
Adoption Date: May 23, 2022
3150 SCHOOL VOLUNTEERS
Volunteers are persons who are willing to donate their time and energies to assist building principals, teachers, and other school personnel in implementing various phases of school programs. Volunteers will serve in that capacity without compensation or employee benefits except for liability protection under the District’s insurance program.
The Board has a school volunteer program to support District instructional programs and extracurricular activities. The purpose of the volunteer program is to:
a) Assist employees in providing more individualization and enrichment of instruction;
b) Build an understanding of school programs among interested citizens, thus stimulating widespread involvement in a total educational process;
c) Strengthen school/community relations through positive participation.
An application must be filled out by each prospective volunteer and forwarded to the District Office for evaluation. The building principal will forward his or her decisions concerning selection, placement and replacement of volunteers to the Superintendent for final evaluation. Following approval from the Superintendent, volunteers selected for work in the District will be placed on the list of approved volunteers. However, the Superintendent retains the right to approve or reject any volunteer applications submitted for consideration.
Volunteer Protection Act of 1997, 42 USC § 14501 et seq.
Education Law §§ 3023 and 3028
Public Officers Law § 18
NOTE: Refer also to Policy #6540 — Defense and Indemnification of Board Members and Employees
Adoption Date: May 23, 2022
3160 CHARTER SCHOOLS
A charter school is a public school financed through public local, state, and federal funds that is independent of local school boards. The local school district within which the charter school is located has the right to visit, examine, and inspect the charter school for compliance with all applicable laws, regulations, and charter provisions.
Charter schools may be located in part of an existing public school building, a private work site, a public building, or any other suitable location. At the request of the charter school or prospective applicant, the District will make available a list of vacant and unused school buildings and vacant and unused portions of school buildings, including private school buildings, within the District which may be suitable for the operation of a charter school.
Academic Credit
The District’s high school(s) may accept academic credit from students who transfer from the charter school as authorized and/or permitted in accordance with law, Commissioner’s regulations, and local District standards. Either the charter school or the local School Board may issue a high school diploma upon students’ graduation from a charter school depending on the charter school’s relationship with the Board.
Educational Materials
Students attending a charter school have the same access to textbooks, software, and library materials loaned by the District as if enrolled in a nonpublic school. Within available District inventory and budgetary appropriations for purchase of these materials, the District is required to provide these materials on an equitable basis to all public school students and to all nonpublic school and charter school students who are residents of the District or who attend a nonpublic or charter school in the District. The base year enrollment of students in the charter school may be claimed by the District for the purposes of textbook, software, and library materials aids, in the same manner as nonpublic school enrollments are claimed.
Transportation
For the purpose of transportation, charter schools are considered nonpublic schools. Students attending charter schools who reside within a 15 mile radius of the charter school (or a greater radius if the voters of the district of residence have approved nonpublic transportation for more than 15 miles) will receive transportation from their district of residence on the same basis as nonpublic school students; that is, subject to the applicable minimum mileage limits for transportation in the district of residence, and the requirement of the timely filing of the request for transportation in accordance with Education Law.
A student cannot be dually enrolled in the charter school and District schools.
Special Education
Special Education programs and services will be provided to students with disabilities attending a charter school in accordance with the individualized education program recommended by the Committee or Subcommittee of Special Education of the student’s district of residence. The charter school may arrange to have these services provided by the district of residence or by the charter school directly or by contract with another provider. Where the district of residence provides the special education programs or services, they will be provided in the same manner as provided to students in other public schools in the District. This includes the provision of supplementary and related services on site to the same extent the District’s policy and practices provide such services on the site of other public schools.
Employees
All employees of a public school converted to a charter school are included within the negotiating unit for the local school district, but the collective bargaining agreement of that negotiating unit may be modified by a majority vote of the members who work at the charter school, with the approval of the Board of Trustees of the charter school.
Instructional employees of a charter school which has not been converted from an existing public school and which has more than 250 students during the first year of instruction will be represented in a separate negotiating unit at the charter school by the same employee organization representing similar employees in the local school district. Employees may be included in the Teachers’ Retirement System and other retirement systems open to employees of the District. Financial contributions for these benefits are the responsibility of the charter school and the charter school’s employees.
Leaves of Absence
A teacher employed by the District may make a written request to the Board for an extended leave of absence to teach at a charter school. Approval for such a leave of absence for a period of three years or less will not be unreasonably withheld. If this approval is granted to a teacher by the District, the teacher may return to teach in the District during the period of leave without the loss of any right of certification, retirement, seniority, salary status, or any other benefit provided by law or by collective bargaining agreement. If an appropriate position is unavailable, the teacher’s name will be placed on a preferred eligible list of candidates for appointment to a vacancy that may occur after in an office or position similar to the one the teacher filled in the District immediately prior to the leave of service.
Charter School Finances
The enrollment of students attending charter schools will be included in the enrollment, attendance and, if applicable, count of students with disabilities of the school district in which the charter school student resides. The charter school will report all of this data to the districts of residence in a timely manner for reporting to the State Education Department (SED). The school district of residence will pay directly to the charter school for each student enrolled in the charter school the basic tuition as determined by the Commissioner of Education as set forth in Education Law. The district of residence must forward these payments to the charter school in six substantially equal installments each year beginning on the first business day of the months of July, September, November, January, March, and May.
Approved operating expenses include the essential operating cost of the District. Excluded are costs for transportation, debt services, construction, tuition payments to other school districts, some BOCES payments, cafeteria or school lunch expenditures, balances and transfers, rental income from leased property, and certain other limited categories unless otherwise authorized by the State Charter School Facilities Incentive Program.
Charter school financing in the first year of operation will be based on the number of students projected to be served by the charter school and the approved operating expenses of the district of residence of those students. Adjustments will be made in each subsequent year based upon the final report by the charter school of actual enrollment.
Federal and State aid attributable to students with disabilities are required to be paid to a charter school by the school district of residence for those students attending the charter school in proportion to the services the charter school provides such students directly or indirectly. Payment of federal aid attributable to a student with a disability attending a charter school must be made according to the requirements set forth in federal law and regulations. Failure by the District to make required payments will result in the State Comptroller deducting the required amounts from State funds due to the District and paying them to the charter school.
The District, the charter entity, and the State are not liable for the debts of the charter school.
Notice and Hearing Requirements
The New York State Board of Regents is required to provide the District information on the charter school process. If a charter school is proposed, the charter entity and the Board of Regents will notify the school district in which the charter school is located and public and nonpublic schools in the same geographic area as the proposed charter school at each significant stage of the chartering process.
This notification will be provided by the charter entity within 30 days of its receipt of an application for formation of a new charter school or for renewal of an existing charter school and at least 45 days prior to initial approval of the charter application by the charter entity.
Before a charter is issued, revised, or renewed, the school district in which the charter school is located will hold a public hearing to solicit comments from the community potentially impacted by the proposed charter school. When a revision involves the relocation of a charter school to a different school district, the proposed new school district will also hold a hearing. The school district will, at the time of its dissemination, provide the SED with a copy of the public hearing notice.
No later than the business day next following the hearing, the school district will provide written confirmation to both the charter entity and the SED of the date and time the hearing was held. Copies of all written records or comments generated from the hearing will be submitted to the charter entity and the SED within 15 days of the hearing.
The school district will also be given the opportunity to comment on the proposed charter to the charter entity. The charter entity will consider any comments raised and submit them to the Board of Regents with the application for issuance, revision, or renewal of a charter.
In the event the school district fails to conduct a public hearing, the Board of Regents will conduct a public hearing to solicit comments from the community in connection with the issuance, revision, or renewal of a charter.
20 USC §§ 76.785-76.799
State Charter School Facilities Incentive Program, 34 CFR Part 226
34 CFR § 300.209
Education Law Article 56 and §§ 701, 711, 751, 912, 3602(11), and 3635
8 NYCRR Parts 100 and 119
Adoption Date: May 23, 2022
3210 VISITORS TO THE SCHOOL
All visitors will be required to report to the Main Office upon arrival at school and state their business. Visitations to classrooms for any purpose require permission in advance from the building principal in order to allow teachers the opportunity to arrange their schedules to accommodate these requests.
When individual Board members visit the schools, they must abide by the regulations and procedures developed by the administration regarding school visits.
All visitors must comply with the District’s Code of Conduct.
Education Law § 2801
Penal Law §§ 140.10 and 240.35
Adoption Date: May 23, 2022
3220 USE OF SERVICE ANIMALS
The Board allows the use of service animals on school grounds by individuals with disabilities, subject to restrictions permitted by federal and/or state law, and procedures established by the Superintendent or designee.
A service animal is defined as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals.
The work or tasks performed by a service animal must be directly related to the individual’s disability. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. Psychiatric service animals that have been trained to take a specific action to help avoid an anxiety attack or to reduce its effects, however, may qualify as a service animal.
Where reasonable, the Board also allows the use of miniature horses on school grounds by individuals with disabilities. This use will only be permitted where a miniature horse has been individually trained to do work or perform tasks to benefit an individual with a disability. The use of miniature horses by individuals with disabilities is subject to the considerations and restrictions permitted by federal and/or state law.
The Superintendent or designee may create procedures, regulations, and/or building-specific rules regarding the use of service animals and miniature horses on school grounds by individuals with disabilities.
28 CFR §§ 35.104, 35.136, 35.139
Adoption Date: May 23, 2022
3230 PUBLIC COMPLAINTS
Complaints by citizens regarding any facet of the school operation often can be handled more satisfactorily by the administrative officer in charge of the unit closest to the source of the complaint. In most instances, therefore, complaints will be made to the building principal and/or his or her assistant if the matter cannot be resolved by the teacher, coach, or other school employee.
If the complaint and related concerns are not resolved at this level to the satisfaction of the complainant, the complaint may be carried to the Superintendent or their assistant. Unresolved complaints at the building level must be reported to the Superintendent by the building principal. The Superintendent may require the statement of the complainant in writing.
The Superintendent may not address anonymous complaints. All other complaints and related concerns that are not resolved at the Superintendent level to the satisfaction of the complainant may be carried to the Board. Unresolved complaints at the Superintendent level must be reported to the Board by the Superintendent. The Board reserves the right to require prior written reports from appropriate parties.
NOTE: Refer also to Policies #3420 — Non-Discrimination and Anti-Harassment in the District
#8330 — Objection to Instructional Materials and Controversial Issues
District Code of Conduct
Adoption Date: May 23, 2022
3240 PARENT-TEACHER GROUPS
The Board of Education recognizes that the goal of Parent/Guardian/Caregiver-Teacher Groups (PTG) and Parent-Teacher Association (PTA) is to develop a united effort between educators and the general public to secure for every child the highest achievement in physical, academic, and social education. Therefore, staff members and parents/guardians/caregivers are encouraged to join these types of groups and to participate actively in their programs.
These groups are independent organizations, subject to their own by-laws which can serve to provide support to the schools in our district. As such and in recognition of the role that PTAs/PTGs play in the school community, the School District supports the activities of PTA/PTG subject to certain conditions:
a) If an event is held on school property, then it must be sanctioned in compliance with School District policy in relation to the use of School District facilities. Such approval is provided through the filing of the appropriate building use form. In no event shall alcohol be allowed to be served at any function on School District property, including athletic fields.
b) If the event is held off School District premises, unless the event is specifically approved in advance by the Office of the Superintendent of Schools in writing, the School District will not promote or advertise the event, and expressly accepts no liability or responsibility for the event. Such events are held at the PTA/PTG’s own risk and subject to the PTA/PTG obtaining appropriate liability insurance.
c) PTA/PTGs must consult the list of New York State Parent Teacher Association approved activities before planning any event. Any activities which fall within the yellow or red categories in the attached list must be specifically approved in advance by the Office of the Superintendent of Schools and may require an additional purchase of insurance by the PTA/PTG based on the nature of the activity planned.
d) PTA/PTGs may not use language suggesting that the School District has endorsed, sponsored or otherwise approved their activities without prior written approval of the office of the Superintendent of Schools.
e) The content of the PTG and PTA websites hosted on the School District’s website are exclusively created and managed by the individual PTA/PTGs. The Jamesville-Dewitt CSD makes no representations as to any content posted on the individual websites and does not endorse any services, products, events, or opinions posted on any of the individual PTGs/PTAs websites. For an official calendar of School District events, please refer to the official school district calendar.
Adoption Date: May 23, 2022
3271 SOLICITATION OF CHARITABLE DONATIONS
Students
Direct solicitation of charitable donations from District students on school property during regular school hours is prohibited. It is a violation of District policy to ask District students directly to contribute money or goods for the benefit of a charity during the hours in which they are compelled to be on school grounds.
However, this policy does not prevent the following types of fundraising activities:
a) Fundraising activities which take place off school grounds or outside of regular school hours during before-school or after-school extracurricular periods;
b) Arms-length transactions, where the purchaser receives consideration for his or her donation. For example, the sale of goods or tickets for concerts or social events, where the proceeds go to charity;
c) Indirect forms of charitable solicitation on school grounds that do not involve coercion, such as placing a bin or collection box in a hallway or other common area for the donation of food, clothing, other goods, or money.
The Superintendent will ultimately decide which organizations, groups, etc. can solicit charitable donations and for what purposes, as long as the activities comply with the terms of this policy and the Rules of the Board of Regents.
Personnel
Soliciting of funds from school personnel by persons or organizations representing public or private organizations is prohibited. The Superintendent has the authority to make exceptions to this policy in cases where solicitation is considered to be in the District’s best interest. The Board will be notified of these instances.
Distribution of information about worthwhile area charities may be made through the Office of the Superintendent as a service to District personnel.
New York State Constitution Article 8, § 1
Education Law § 414
8 NYCRR § 19.6
NOTE: Refer also to Policy #7450 — Fundraising by Students
Adoption Date: May 23, 2022
3272 ADVERTISING IN THE SCHOOLS
District facilities, staff, and students will not be used or employed in any manner for advertising or otherwise promoting the interests of any commercial, political, or other non-school agency, individual, or organization, except that:
a) Schools may cooperate in furthering the work of any non-profit, community-wide, social service agency, provided that their cooperation does not restrict or impair the educational program of the schools or conflict with the Rules of the Board of Regents;
b) The schools may use films or other educational materials bearing only simple mention of the producing firm;
c) The Superintendent may, at his or her discretion, announce or authorize to be announced, any lecture or other community activity of particular educational merit;
d) The schools may, upon approval of the Superintendent, cooperate with any agency in promoting activities in the general public interest that are non-partisan and non-controversial, and that promote the education and other best interests of the students.
No materials of a commercial nature will be distributed through District students except as authorized by law or the Commissioner’s regulations.
New York State Constitution Article ⅤⅢ, § 1
8 NYCRR § 19.6
Adoption Date: May 23, 2022
3280 USE OF SCHOOL FACILITIES, MATERIALS, AND EQUIPMENT
School Facilities
It is the policy of the Board to encourage the greatest possible use of school facilities for community-wide activities including those uses permitted by New York law. Individuals or groups wishing to use the school facilities must secure written permission from the Board or its designee and abide by the rules and regulations established for use, including restrictions on alcohol, tobacco, and drug use. All visitors must comply with the District’s Code of Conduct.
The District reserves the right to charge a fee for the use of its facilities in a manner consistent with law, and on terms specified in regulation or by agreement with these organizations.
Materials and Equipment
Except when used in connection with, or rented under provisions of Education Law Section 414, school-owned materials or equipment may be used for school related purposes only. Private or personal use of school-owned materials and equipment is strictly prohibited. The loan of equipment and materials for public purposes that serve the welfare of the community is allowed, as long as the equipment is not needed at that time for school purposes and that the proposed use will not disrupt normal school operations.
The Board will permit school materials and equipment to be loaned to staff members when such use is directly or peripherally related to their employment, and to students when the material and equipment is to be used in connection with their studies or extracurricular activities. Community members will be allowed to use school-owned materials and equipment only for educational purposes that relate to school operations. The Board will also allow the loan of equipment to local governments and other entities that benefit the welfare of the surrounding community. The Board supports this inter-municipal cooperation as it saves taxpayer monies and is a more efficient use of scarce or costly equipment and resources.
Education Law § 414
NY Constitution Article 8
NOTE: Refer also to Policies #3410 — Code of Conduct
#5640 – Smoking, Tobacco and Cannabis (Marijuana) Use
#6150 — Alcohol, Tobacco, Drugs, and Other Substances (Staff)
#7320 — Alcohol, Tobacco, Drugs, and Other Substances (Students)
#7410 — Extracurricular Activities
District Code of Conduct
Adoption Date: May 23, 2022
3290 OPERATION OF MOTOR-DRIVEN VEHICLES ON DISTRICT PROPERTY
As a component of safety, vehicular traffic on school property should be carefully regulated.
The use of motor-driven vehicles, including cars, snowmobiles, mini-bikes, motorcycles, all-terrain vehicles (ATVs) and other like vehicles is prohibited on any school grounds or areas except for authorized school functions or purposes. A school function means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes
place, including any event or activity that may take place in another state.
All student vehicles must be registered with the high school principal and parked in authorized areas only.
Education Law § 2801(1)
Vehicle and Traffic Law § 1670
Adoption Date: May 22, 2023
3310 PUBLIC ACCESS TO RECORDS
Access to District records will be consistent with the rules and regulations established by the New York State Committee on Open Government and will comply with all the requirements of the New York State Freedom of Information Law (FOIL).
Records Access Officer
The Superintendent, subject to the approval of the Board, will designate a Records Access Officer who will have the duty of coordinating the District’s response to public requests for access to records.
Fulfilling FOIL Requests
The District will provide copies of records in the format and on the medium requested by the person filing the FOIL request if the District can reasonably do so regardless of burden, volume, or cost of the request. The District may charge a fee for copies as permitted by law and regulation.
The District may require a person requesting lists of names and addresses to provide a written certification that they will not use the lists of names and addresses for solicitation or fundraising purposes and will not sell, give, or otherwise make available the lists of names and addresses to any other person for the purpose of allowing that person to use the lists of names and addresses for solicitation or fundraising purposes.
Requests for Records via Email
If the District has the capability to retrieve or extract electronic records with reasonable effort, it will provide the records electronically upon request. The District will accept requests for records submitted in the form of email and respond to those requests by email using the forms supplied by the District. This information will be posted on the District website, clearly designating the email address for purposes of receiving requests for records via this format.
When the District maintains requested records on the internet, the response will inform the requester that the records are accessible via the internet and in printed form either on paper or other information storage medium.
Notification
The District will post in a conspicuous location wherever records are kept and/or publish in a local newspaper of general circulation a notice which contains: the locations where records will be made available for inspection and copying; the name, title, business address, and business telephone number of the Records Access Officer; and the right to appeal a denial of access to records with the name and business address of the person or body to whom the appeal should be directed.
Additional Provisions
Regulations and/or procedures governing access to District records in relation to FOIL requests will be developed.
Education Law § 2116
Public Officers Law Article 6
21 NYCRR Part 1401
NOTE: Refer also to Policy #1510 — Regular Board Meetings and Rules (Quorum and Parliamentary Procedure)
Adoption Date: May 23, 2022
3320 CONFIDENTIALITY OF COMPUTERIZED INFORMATION
The safeguarding of confidential data from inappropriate use is essential to the success of the District’s operation. Access to confidential computerized data will be limited only to authorized personnel of the District.
It is a violation of the District’s policy to release confidential computerized data to any unauthorized person or agency. Any employee who releases or otherwise makes improper use of computerized data is subject to disciplinary action.
However, if the computerized information sought is available under the Freedom of Information Law and can be retrieved by means of existing computer programs, the District is required to disclose this information.
Family Educational Rights and Privacy Act of 1974, 20 USC § 1232(g)
34 CFR Part 99
Public Officers Law § 84 et seq.
Adoption Date: May 23, 2022
3410 CODE OF CONDUCT
The District has developed and will amend, as appropriate, a written Code of Conduct for the maintenance of order on school property and at school functions. The Code will govern the conduct of students, teachers, and other school personnel, as well as visitors and vendors. The Board will further provide for the enforcement of this Code of Conduct.
For purposes of this policy, and the Code of Conduct, school property means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of the District’s elementary or secondary schools, or in or on a school bus; and a school function means a school-sponsored extracurricular event or activity regardless of where the event or activity takes place.
The District Code of Conduct has been developed in collaboration with student, teacher, administrator, and parent organizations, school safety personnel, and other school personnel.
The District Code of Conduct will be adopted by the Board only after at least one public hearing that provided for the participation of school personnel, parents or persons in parental relation, students, and any other interested parties.
The District Code of Conduct will be reviewed on an annual basis, and updated as necessary in accordance with law. The District may establish a committee to facilitate review of its Code of Conduct and the District’s response to violations. The Board will reapprove any updated Code of Conduct or adopt revisions only after at least one public hearing that provides for the participation of school personnel, parents or persons in parental relation, students, and any other interested parties. The District will file a copy of its Code of Conduct and any amendments with the Commissioner, in a manner prescribed by the commissioner, no later than 30 days after their respective adoptions.
The Board will ensure community awareness of its Code of Conduct by:
a) Posting the complete Code of Conduct on the Internet website, if any, including any annual updates and other amendments to the Code;
b) Providing copies of a summary of the Code of Conduct to all students in an age-appropriate version, written in plain language, at a school assembly to be held at the beginning of each school year;
c) Providing a plain language summary of the Code of Conduct to all parents or persons in parental relation to students before the beginning of each school year and making the summary available thereafter upon request;
d) Providing each existing teacher with a copy of the complete Code of Conduct and a copy of any amendments as soon as practicable following initial adoption or amendment. New teachers will be provided a complete copy of the current Code of Conduct upon their employment; and
e) Making complete copies available for review by students, parents, or persons in parental relation to students, other school staff, and other community members.
Education Law Article 2, §§ 801-a, 2801, and 3214
Family Court Act Articles 3 and 7
Vehicle and Traffic Law § 142
8 NYCRR § 100.2
NOTE: Refer also to District Code of Conduct
Adoption Date: May 23, 2022
3411 PROHIBITION OF WEAPONS ON SCHOOL GROUNDS
With the exception of law enforcement officers, as permitted by law, and individuals who have the express written permission of the Board or its designee, no person may have in his or her possession any weapon on school grounds, in any District building, on a school bus or District vehicle, or at any school-sponsored activity or setting under the control and supervision of the District. This prohibition includes, but is not limited to: any of the objects or instruments referred to in Section 265.01 of the New York State Penal Law; any air-gun, spring-gun, or other instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge; and any object that could be considered a reasonable facsimile of a weapon.
Penal Law §§ 265.01-265.06
NOTE: Refer also to Policies #3410 — Code of Conduct
#7313 — Suspension of Students
#7360 — Weapons in School and the Gun-Free Schools Act
Adoption Date: May 23, 2022
3412 THREATS OF VIOLENCE IN SCHOOL
The District is committed to the prevention of violence against any individual or property in the schools, on school property, or at school activities whether such acts and/or threats of violence are made by students, staff, or others. Threats of violence against students, school personnel and/or school property will not be tolerated whether or not such threats occur on school grounds or during the school day.
Any person who commits an act or threatens an act of violence, including bomb threats, whether made orally, in writing, by email, or by any other electronic format, will be subject to appropriate discipline in accordance with applicable law, District policies and regulations, as well as the Code of Conduct and collective bargaining agreements, as necessary.
The District does not condone acts and/or threats of violence which threaten the safety and well-being of staff, students, visitors, and/or the school environment. Employees, students, agents, and invitees will refrain from engaging in threats or physical actions which create a safety hazard for others.
All staff who are made aware of physical acts and/or threats of violence directed to students or staff are to report these incidents to the building principal or designee, who will report these occurrences to the Superintendent. Additionally, the building principal or designee will also report occurrences of violence, whether involving an actual confrontation or threat of potential violence, to the school psychologist and/or Director of Special Education if applicable. Local law enforcement agencies may be called as necessary upon the determination of the Superintendent or designee.
Students should report all acts and/or threats of violence, including threats of suicide, of which they are aware to the school tip line, a faculty member, or the building principal.
The District reserves the right to seek restitution, in accordance with law, from the parent or guardian and/or student for any costs or damages which had been incurred by the District as a result of the threats or acts of violence in the schools.
This policy will be disseminated, as appropriate, to students, staff, and parents and will be available to the general public upon request. Appropriate sanctions for violations of this policy by students will be addressed in the Code of Conduct.
Adoption Date: May 23, 2022
3420 NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE DISTRICT
Overview
The District is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses complaints of discrimination and/or harassment made under applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, or other document such as the District’s Code of Conduct. It is just one component of the District’s overall commitment to maintaining a discrimination and harassment-free educational and work environment.
In accordance with applicable federal and state laws and regulations, the District does not discriminate on the basis of any legally protected class or category in its education programs and activities or when making employment decisions. Further, the District prohibits discrimination and harassment on school property and at school functions on the basis of any legally protected class including, but not limited to:
a) Race;
b) Color;
c) Religion;
d) Disability;
e) National origin;
f) Sexual orientation;
g) Gender identity or expression;
h) Military status;
i) Sex;
j) Age; and
k) Marital status.
The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of discrimination and/or harassment. The District will promptly respond to reports of discrimination and/or harassment, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections, and impose disciplinary measures and implement remedies when warranted.
Inquiries about this policy may be directed to the District’s Civil Rights Compliance Officer(s) (CRCO(s)).
Scope and Application
This policy outlines the District’s general approach to addressing complaints of discrimination and/or harassment. This policy applies to the dealings between or among the following parties on school property and at school functions:
a) Students;
b) Employees;
c) Applicants for employment;
d) Paid or unpaid interns;
e) Anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or other person providing services pursuant to a contract in the workplace;
f) Volunteers; and
g) Visitors or other third parties.
Further, discrimination and/or harassment that occurs off school property and somewhere other than a school function can disrupt the District’s educational and work environment. This conduct can occur in-person or through phone calls, texts, emails, or social media. Accordingly, conduct or incidents of discrimination and/or harassment that create or foreseeably create a disruption within the District may be subject to this policy in certain circumstances.
Other District policies and documents such as regulations, procedures, collective bargaining agreements, and the District’s Code of Conduct may address misconduct related to discrimination and/or harassment and may provide for additional, different, or more specific grievance procedures depending on a number of factors including, but not limited to, who is involved, where the alleged discrimination and/or harassment occurred, and the basis of the alleged discrimination and/or harassment. These documents must be read in conjunction with this policy.
The dismissal of a complaint under one policy or document does not preclude action under another related District policy or document.
Definitions
For purposes of this policy, the following definitions apply:
a) “School property” means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of any District elementary or secondary school, or in or on a school bus or District vehicle.
b) “School function” means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place virtually or in another state.
What Constitutes Discrimination and Harassment
Determinations as to whether conduct or an incident constitutes discrimination and/or harassment will be made consistent with applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, or other document such as the District’s Code of Conduct. These determinations may depend upon a number of factors, including, but not limited to: the particular conduct or incident at issue; the ages of the parties involved; the context in which the conduct or incident took place; the relationship of the parties to one another; the relationship of the parties to the District; and the protected class or characteristic that is alleged to have been the basis for the conduct or incident. The examples below are intended to serve as a general guide for individuals in determining what may constitute discrimination and/or harassment. These examples should not be construed to add or limit the rights that individuals and entities possess as a matter of law.
Generally stated, discrimination consists of the differential treatment of a person or group of people on the basis of their membership in a legally protected class. Discriminatory actions may include, but are not limited to: refusing to promote or hire an individual on the basis of his or her membership in a protected class; denying an individual access to facilities or educational benefits on the basis of his or her membership in a protected class; or impermissibly instituting policies or practices that disproportionately and adversely impact members of a protected class.
Generally stated, harassment consists of subjecting an individual, on the basis of his or her membership in a legally protected class, to unwelcome verbal, written, or physical conduct which may include, but is not limited to: derogatory remarks, signs, jokes, or pranks; demeaning comments or behavior; slurs; mimicking; name calling; graffiti; innuendo; gestures; physical contact; stalking; threatening; bullying; extorting; or the display or circulation of written materials or pictures.
This conduct may, among other things, have the purpose or effect of: subjecting the individual to inferior terms, conditions, or privileges of employment; creating an intimidating, hostile, or offensive environment; substantially or unreasonably interfering with an individual’s work or a student’s educational performance, opportunities, benefits, or well-being; or otherwise adversely affecting an individual’s employment or educational opportunities. Petty slights or trivial inconveniences generally do not constitute harassing conduct.
Civil Rights Compliance Officer
The District has designated the following District employee(s) to serve as its CRCO(s): Assistant Superintendent for Curriculum, Instruction and Equity.
The CRCO(s) will coordinate the District’s efforts to comply with its responsibilities under applicable non-discrimination and anti-harassment laws and regulations including, but not limited to: the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and the Age Discrimination Act of 1975.
Where appropriate, the CRCO(s) may seek the assistance of other District employees, such as the District’s Title IX Coordinator(s) or Dignity Act Coordinator(s) (DAC(s)), or third parties in investigating, responding to, and remedying complaints of discrimination and/or harassment.
Reporting Allegations of Discrimination and/or Harassment
Any person may report discrimination and/or harassment regardless of whether they are the alleged victim or not. Reports may be made in person, by using the contact information for the CRCO, or by any other means that results in the CRCO receiving the person’s oral or written report. This report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the CRCO.
Reports of discrimination and/or harassment may also be made to any other District employee including a supervisor or building principal. All reports of discrimination and/or harassment will be immediately forwarded to the CRCO. Reports may also be forwarded to other District employees depending on the allegations.
All District employees who witness or receive an oral or written report of discrimination and/or harassment must immediately inform the CRCO. Failure to immediately inform the CRCO may subject the employee to discipline up to and including termination.
In addition to complying with this policy, District employees must comply with any other applicable District policy, regulation, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct. Applicable documents include, but are not limited to, the District’s policies, regulations, and procedures related to Title IX, sexual harassment in the workplace, and the Dignity for All Students Act (DASA).
If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.
Grievance Process for Complaints of Discrimination and/or Harassment
The District will act to promptly, thoroughly, and equitably investigate all complaints, whether oral or written, of discrimination and/or harassment based on any legally protected class and will promptly take appropriate action to protect individuals from further discrimination and/or harassment. The CRCO will oversee the District’s investigation of all complaints of discrimination and/or harassment. In the event an anonymous complaint is filed, the District will respond to the extent possible.
If an investigation reveals that discrimination and/or harassment based on a legally protected class has occurred, the District will take immediate corrective action as warranted. This action will be taken in accordance with applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, collective bargaining agreement, third-party contract, or other document such as the District’s Code of Conduct.
Knowingly Makes False Accusations
Any employee or student who knowingly makes false accusations against another individual as to allegations of discrimination and/or harassment will face appropriate disciplinary action.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
The District prohibits retaliation against any individual because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing related to a complaint of discrimination and/or harassment.
Complaints of retaliation may be directed to the CRCO. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.
Where appropriate, follow-up inquiries will be made to ensure that the discrimination and/or harassment has not resumed and that those involved in the investigation have not suffered retaliation.
Confidentiality
To the extent possible, all complaints will be treated as confidential. Disclosure may be necessary in certain circumstances such as to complete a thorough investigation and/or notify law enforcement officials. All disclosures will be in accordance with law and regulation.
Training
In order to promote familiarity with issues pertaining to discrimination and harassment in the District, and to help reduce incidents of prohibited conduct, the District will provide appropriate information and/or training to employees and students. As may be necessary, special training will be provided for individuals involved in the handling of discrimination and/or harassment complaints.
Notification
Prior to the beginning of each school year, the District will issue an appropriate public announcement or publication which advises students, parents or legal guardians, employees, and other relevant individuals of the District’s established grievance process for resolving complaints of discrimination and/or harassment. This announcement or publication will include the name, office address, telephone number, and email address of the CRCO(s). The District’s website will reflect current and complete contact information for the CRCO(s).
A copy of this policy and its corresponding regulations and/or procedures will be available upon request and will be posted and/or published in appropriate locations and/or District publications.
Additional Provisions
Regulations and/or procedures will be developed for reporting, investigating, and remedying allegations of discrimination and/or harassment.
8 USC § 1324b
29 USC § 206
42 USC § 1981
Age Discrimination Act of 1975, 42 USC § 6101 et seq.
Age Discrimination in Employment Act of 1967 (ADEA), 29 USC § 621 et seq.
Americans with Disabilities Act (ADA), 42 USC § 12101 et seq.
Equal Educational Opportunities Act of 1974, 20 USC § 1701 et seq.
Genetic Information Non-Discrimination Act (GINA), 42 USC § 2000ff et seq.
National Labor Relations Act (NLRA), 29 USC § 151 et seq.
Section 504 of the Rehabilitation Act of 1973, 29 USC § 790 et seq.
Title IV of the Civil Rights Act of 1964, 42 USC § 2000c et seq.
Title VI of the Civil Rights Act of 1964, 42 USC § 2000d et seq.
Title VII of the Civil Rights Act of 1964, 42 USC § 2000e et seq.
Title IX of the Education Amendments Act of 1972, 20 USC § 1681 et seq.
Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 USC § 4301 et seq.
28 CFR Part 35
29 CFR Chapter I – National Labor Relations Board
29 CFR Chapter XIV – Equal Employment Opportunity Commission
34 CFR Parts 100, 104, 106, 110, and 270
45 CFR Part 86
Civil Rights Law §§ 40, 40-a, 40-c, 47-a, 47-b, and 48-a
Civil Service Law §§ 75-b and 115
Correction Law § 752
Education Law §§ 10-18, 313, 313-a, 2801, 3201, and 3201-a
Labor Law §§ 194-a, 201-d, 201-g, 203-e, 206-c, and 215
New York State Human Rights Law, Executive Law § 290 et seq.
Military Law §§ 242, 243, and 318
8 NYCRR § 100.2
9 NYCRR § 466 et seq.
NOTE: Refer also to Policies #3421 — Title IX and Sex Discrimination
#6120 — Equal Employment Opportunity
#6121 — Sexual Harassment in the Workplace
#6122 — Employee Grievances
#7550 — Dignity for All Students
#7551 — Sexual Harassment of Students
#8130 — Equal Educational Opportunities
#8220 — Career and Technical (Occupational) Education
District Code of Conduct
Adoption Date: May 23, 2022
3421 TITLE IX AND SEX DISCRIMINATION
Overview
The District is committed to creating and maintaining education programs and activities which are free from discrimination and harassment. This policy addresses complaints of sex discrimination, including sexual harassment, made under Title IX of the Education Amendments Act of 1972 and its implementing regulations (Title IX). It is just one component of the District’s overall commitment to maintaining a discrimination and harassment-free educational and work environment.
Title IX prohibits discrimination on the basis of sex in any education program or activity operated by a district that receives federal financial assistance. As required by Title IX, the District does not discriminate on the basis of sex in its education programs and activities or when making employment decisions.
The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of sex discrimination, including sexual harassment. The District will promptly respond to reports of sex discrimination, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections to complainants and respondents, and impose sanctions and implement remedies when warranted.
Inquiries about this policy or the application of Title IX may be directed to the District’s Title IX Coordinator(s), the Assistant Secretary for Civil Rights of the United States Department of Education, or both.
Scope and Application of Policy
This policy is limited to addressing complaints of sex discrimination, including sexual harassment, that fall within the scope of Title IX which, among other things, has a specific definition of sexual harassment and applies only to sex discrimination occurring against a person in the United States. This policy applies to any individual participating in or attempting to participate in the District’s education programs or activities including students and employees.
Other District policies and documents address sex-based misconduct and may have different definitions, standards of review, and grievance procedures. These documents must be read in conjunction with this policy as they may cover incidents of sex-based misconduct not addressed by Title IX.
If the allegations forming the basis of a formal complaint of sexual harassment, if proven, would constitute prohibited conduct under Title IX, then the grievance process outlined in this policy would be applied to the investigation and adjudication of all the allegations. Depending on the allegations, additional grievance procedures may apply.
The dismissal of a formal complaint of sexual harassment under Title IX does not preclude action under another related District policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct.
What Constitutes Sex Discrimination Including Sexual Harassment
Title IX prohibits various types of sex discrimination including, but not limited to: sexual harassment; the failure to provide equal athletic opportunity; sex-based discrimination in a District’s science, technology, engineering, and math (STEM) courses and programs; and discrimination based on pregnancy.
Under Title IX, sexual harassment includes conduct on the basis of sex that satisfies one or more of the following:
a) An employee of the District conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct;
b) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity;
c) Sexual assault, meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
d) Dating violence, meaning violence committed by a person:
1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
2. Where the existence of such a relationship will be determined based on a consideration of the following factors:
(a) The length of the relationship;
(b) The type of relationship;
(c) The frequency of interaction between the persons involved in the relationship;
e) Domestic violence, meaning felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction; or
f) Stalking, meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
1. Fear for his or her safety or the safety of others; or
2. Suffer substantial emotional distress.
Title IX Coordinator
The District has designated and authorized the following District employee(s) to serve as its Title IX Coordinator(s): Assistant Superintendent for Curriculum, Instruction and Equity.
The Title IX Coordinator(s), who must be referred to as such, will coordinate the District’s efforts to comply with its responsibilities under Title IX. However, the responsibilities of the Title IX Coordinator(s) may be delegated to other personnel.
Where appropriate, the Title IX Coordinator(s) may seek the assistance of the District’s Civil Rights Compliance Officer(s) (CRCO(s)) and/or Dignity Act Coordinator(s) (DAC(s)) in investigating, responding to, and remedying complaints of sex discrimination, including sexual harassment.
Reporting Allegations of Sex Discrimination
Any person may report sex discrimination, including sexual harassment, regardless of whether they are the alleged victim or not. Reports may be made in person, by using the contact information for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s oral or written report. This report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator.
Reports of sex discrimination may also be made to any other District employee including a supervisor, building principal, or the District’s CRCO. All reports of sex discrimination, including sexual harassment, will be forwarded to the District’s Title IX Coordinator. Reports may also be forwarded to other District employees depending on the allegations.
All District employees who witness or receive an oral or written report of sex discrimination must immediately inform the Title IX Coordinator. Failure to immediately inform the Title IX Coordinator may subject the employee to discipline up to and including termination.
Making a report of sexual harassment is not the same as filing a formal complaint of sexual harassment. A formal complaint is a document either filed by a complainant or a parent or legal guardian who has a right to act on behalf of the complainant or signed by the Title IX Coordinator which alleges sexual harassment against a respondent and requests that the District investigate the allegations. While the District must respond to all reports it receives of sexual harassment, the Title IX grievance process is only initiated with the filing of a formal complaint.
In addition to complying with this policy, District employees must comply with any other applicable District policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct. This includes, but is not limited to, Policy #7550 — Dignity for All Students (DASA) which requires District employees to make an oral report promptly to the Superintendent or principal, their designee, or the DAC not later than one school day after witnessing or receiving an oral or written report of harassment, bullying, and/or discrimination of a student. Two days after making the oral report, DASA further requires that the District employee file a written report with the Superintendent or principal, their designee, or the DAC.
If the Title IX Coordinator is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another Title IX Coordinator, if the District has designated another individual to serve in that capacity. If the District has not designated another Title IX Coordinator, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the Title IX Coordinator.
Grievance Process for Complaints of Sex Discrimination Other than Sexual Harassment
The District will provide for the prompt and equitable resolution of reports of sex discrimination other than sexual harassment. In responding to these reports, the Title IX Coordinator will utilize, as applicable, the grievance process set forth in Policy #3420 — Non-Discrimination and Anti-Harassment in the District and any other applicable District policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct.
Grievance Process for Formal Complaints of Sexual Harassment
The District will respond to allegations of sexual harassment in a manner that is not deliberately indifferent whenever it has actual knowledge of sexual harassment in an education program or activity of the District. The District is deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances. For purposes of reports and formal complaints of sexual harassment under Title IX, education program or activity includes locations, events, or circumstances over which the District exercised substantial control over both the respondent(s) and the context in which the sexual harassment occurred.
The District will follow a grievance process that complies with law and regulation before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.
The District will conduct the grievance process in a timely manner designed to provide all parties with a prompt and equitable resolution. It is anticipated that, in most cases, the grievance process will be conducted within a reasonably prompt manner and follow the time frames established in this policy.
Definitions
a) “Actual knowledge” means notice of sexual harassment or allegations of sexual harassment to a District’s Title IX Coordinator or any official of the District who has authority to institute corrective measures on behalf of the District, or to any District employee. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of the District with actual knowledge is the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the District. “Notice” as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator as described in this policy.
b) “Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
c) “Days” means business days, but excludes any weekday during which the school is closed.
d) “Formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the District with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by email, by using the contact information required to be listed for the Title IX Coordinator, and by any additional method designated by the District. As used in this paragraph, the phrase “document filed by a complainant” means a document or electronic submission (such as by email or through an online portal provided for this purpose by the District) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party, and must comply with the requirements of law and regulation.
e) “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
f) “Supportive measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. These measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The District must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
General Requirements for the Investigative and Grievance Process
During the investigation of a formal complaint and throughout the grievance process, the District will ensure that:
a) Complainants and respondents are treated equitably. This includes applying any provisions, rules, or practices incorporated into the District’s grievance process, other than those required by law or regulation, equally to both parties.
b) All relevant evidence is objectively evaluated, including both inculpatory and exculpatory evidence. Inculpatory evidence implicates or tends to implicate an individual in a crime or wrongdoing. Exculpatory evidence frees or tends to free an individual from blame or accusation.
c) The Title IX Coordinator, investigator, decision-maker involved in the grievance process, or any person designated by the District to facilitate any informal resolution process does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
d) Respondents are presumed not to be responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
e) The grievance process, including any appeals or informal resolutions, is concluded within a reasonably prompt time frame and that the process is only temporarily delayed or extended for good cause. Good cause includes, but is not limited to, considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. Whenever the time frame is temporarily delayed or extended, written notice will be provided to all complainants and respondents of the delay or extension and the reasons for the action.
f) The range of possible disciplinary sanctions and remedies that may be implemented by the District following any determination regarding responsibility are described to any known party.
g) The same standard of evidence is used to determine responsibility in all formal complaints.
h) The procedures and permissible bases for an appeal are known to all complainants and respondents.
i) The range of supportive measures available are known to all complainants and respondents.
j) There is no requirement, allowance of, reliance on, or otherwise use of questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding the privilege has waived the privilege.
k) The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the District and not on the parties.
l) The Title IX Coordinator, the investigator, any decision-maker, or any other person participating on behalf the District does not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the District obtains that party’s voluntary, written consent to do so for the grievance process. If the party is not an eligible student, as defined in FERPA as a student who has reached 18 years of age or is attending a post-secondary institution, the District will obtain the voluntary, written consent of a parent.
m) The parties have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
n) Credibility determinations are not based on a person’s status as a complainant, respondent, or witness.
o) The ability of either party to discuss the allegations under investigation or to gather and present relevant evidence is not restricted.
p) The parties are provided with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for any complainant or respondent in any meeting or grievance proceeding. However, the District may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
q) Written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, is provided to any party whose participation is invited or expected with sufficient time for the party to prepare to participate.
r) The parties are provided with equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the District does not intend to rely on in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.
s) Any document sent to a minor or legally incompetent person is also sent to the party’s parent or legal guardian.
t) Any document sent to a party is also sent to the party’s advisor, if known.
After a Report of Sexual Harassment Has Been Made
After receiving a report of sexual harassment, the Title IX Coordinator will:
a) Promptly contact the complainant to discuss and offer supportive measures;
b) Inform the complainant both of the range of supportive measures available and that these measures are available regardless of whether a formal complaint is filed;
c) Consider the complainant’s wishes with respect to supportive measures; and
d) Explain to the complainant the process for filing a formal complaint.
The Title IX Coordinator may also contact the respondent to discuss and/or impose supportive measures.
Requests for confidentiality or use of anonymous reporting may limit how the District is able to respond to a report of sexual harassment.
Emergency Removal and Administrative Leave
At any point after receiving a report or formal complaint of sexual harassment, the District may immediately remove a respondent from the District’s education program or activity on an emergency basis, provided that the District:
a) Undertakes an individualized safety and risk analysis;
b) Determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal; and
c) Provides the respondent with notice and an opportunity to challenge the decision immediately following the removal.
The District should coordinate their Title IX compliance efforts with special education staff when initiating an emergency removal of a student with a disability from an education program or activity as the removal could constitute a change of placement under the IDEA or Section 504.
The District may place a non-student employee respondent on administrative leave with or without pay during the pendency of the grievance process in accordance with law and regulation and any applicable District policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct.
Filing a Formal Complaint
A complainant may file a formal complaint with the Title IX Coordinator in person or by mail, email, or other method made available by the District. The complainant must be participating in or attempting to participate in the education program or activity of the District at the time of filing the complaint. The filing of a formal complaint initiates the grievance process.
A formal complaint must be signed by the complainant, the complainant’s parent or legal guardian as appropriate, or the Title IX Coordinator. Where a parent or legal guardian signs the complaint, the parent or legal guardian does not become the complainant; rather the parent or legal guardian acts on behalf of the complainant. The Title IX Coordinator may sign the formal complaint, but his or her signature does not make him or her a complainant or a party to the complaint. If the formal complaint is signed by the Title IX Coordinator, the Title IX Coordinator is still obligated to comply with the grievance process outlined in this policy.
The complainant, or the complainant’s parent or legal guardian, must physically or digitally sign the formal complaint, or otherwise indicate that the complainant is the person filing the formal complaint. When a formal complaint is filed, the Title IX Coordinator must send a written notice of allegations to all parties which includes the identities of all known parties.
The District will not discriminate on the basis of sex in its treatment of a complainant or a respondent in responding to a formal complaint of sexual harassment.
The formal complaint form may be obtained from the District’s Title IX Coordinator or found on the District’s website.
Consolidation of Formal Complaints
The District may consolidate formal complaints of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.
Written Notice of Allegations
Upon receipt of a formal complaint, the District will send all known parties written notice of:
a) The District’s grievance process, including any informal resolution process; and
b) The allegations of sexual harassment which will:
1. Provide sufficient details known at the time and sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known;
2. State that the respondent is presumed not to be responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
3. Inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney;
4. Inform the parties that they may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint; and
5. Include notice of any provision in any applicable District policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.
If, in the course of an investigation, the District decides to investigate allegations about any complainant or respondent that were not included in the initial notice, the District will provide another notice of the additional allegations to the parties whose identities are known.
Investigation of a Formal Complaint
The Title IX Coordinator will oversee the District’s investigation of all formal complaints. During the investigation of a formal complaint, the Title IX Coordinator or another District employee may serve as the District’s investigator. The District may also outsource all or part of an investigation to appropriate third parties. The outsourcing of all or part of an investigation does not relieve the District from its obligation to comply with law and regulation.
It is anticipated that most investigations will be completed within ten business days after receiving a formal complaint. In the event an investigation cannot be completed in ten business days, the Assistant Superintendent for Curriculum, Instruction & Equity will contact the complainant and communicate a timeline for completion.
During the investigation of a formal complaint, the investigator will, as appropriate:
a) Collect, review, and preserve all evidence including, but not limited to, any relevant documents, videos, electronic communications, and phone records.
b) Interview all relevant persons including, but not limited to, any complainants, respondents, and witnesses. Interviews of complainants and respondents will be conducted separately. If a student is involved, the District will follow any applicable District policy, procedure, or other document such as the District’s Code of Conduct regarding the questioning of students.
c) Create written documentation of the investigation (such as a letter, memo, or email), which contains the following:
1. A list of all documents reviewed, along with a detailed summary of relevant documents;
2. A list of names of those interviewed, along with a detailed summary of their statements;
3. A timeline of events; and
4. A summary of prior relevant incidents, reported or unreported.
d) Keep any written documentation and associated documents in a secure and confidential location.
Prior to completion of the investigative report, the District will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties will have at least ten days to submit a written response, which the investigator will consider prior to completion of the investigative report.
At the end of the investigation, an investigative report will be created that fairly summarizes all relevant evidence.
At least ten days prior to a hearing or other determination regarding responsibility, the investigative report will be sent to each party and the party’s advisor, if any, in an electronic format or a hard copy, for their review and written response.
Dismissal of a Formal Complaint
The District must investigate the allegations in a formal complaint. The District must dismiss a formal complaint under Title IX if the conduct alleged:
a) Would not constitute sexual harassment even if proven;
b) Did not occur in the District’s education program or activity; or
c) Did not occur against a person in the United States.
Further, the District may dismiss a formal complaint or any of its allegations under Title IX, if at any time during the investigation or hearing:
a) A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any of its allegations;
b) The respondent is no longer enrolled or employed by the District; or
c) Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or any of its allegations.
Upon a dismissal of a formal complaint, the District must promptly send written notice of the dismissal and reason(s) for the dismissal simultaneously to the parties.
The dismissal of a formal complaint under Title IX does not preclude action under another related District policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct.
Before reaching a determination regarding responsibility, but only after a formal complaint is filed, the District may offer and facilitate the use of an informal resolution process, such as mediation, that does not involve a full investigation and adjudication of the formal complaint.
It is anticipated that most informal resolutions will be completed within ten business days.
The District will not require that parties participate in an informal resolution process. The District will not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student. Further, the District will not require the waiver of the right to an investigation and adjudication of formal complaints of sexual harassment as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right.
If the District offers and facilitates the use of an informal resolution process, it will:
a) Provide written notice to all known parties which details:
1. The allegations in the formal complaint;
2. The requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint;
3. Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; and
b) Obtain the parties’ voluntary, written consent to the informal resolution process.
Hearings and Determination Regarding Responsibility
The District will designate an individual decision-maker or a panel of decision-makers to issue a written determination regarding responsibility. A decision-maker can either be a District employee or, where appropriate, a third-party. They cannot be the same individual as either the Title IX Coordinator or the investigator(s).
The District’s grievance process may, but is not required to, provide for a hearing. The determination as to whether a hearing will be provided will be made on a case-by-case basis. If a hearing is provided, the District will make all evidence subject to the parties’ inspection and review available to give each party equal opportunity to refer to this evidence during the hearing, including for purposes of cross-examination.
With or without a hearing, before reaching a determination regarding responsibility, the decision-maker(s) will afford each party the opportunity to:
a) Submit written, relevant questions that a party wants asked of any party or witness within five business days after the parties have received the investigative report;
b) Provide each party with the answers given by any party or witness within five business days of receiving the questions; and
c) Allow for additional, limited follow-up questions and responses from each party to occur within five business days after the parties have received responses to their initial questions.
Questions and evidence about a complainant’s sexual predisposition or prior sexual behavior will not be considered, unless the questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. The decision-maker(s) will explain to the party proposing the questions any decision to exclude a question as not relevant.
The decision-maker(s) will issue a written determination regarding responsibility to the Title IX Coordinator, the Superintendent, and all parties simultaneously within five business days after all follow-up questions have been responded to or after the hearing, if one has been provided.
To reach this determination, the decision-maker(s) will use the preponderance of the evidence standard which is the standard of evidence that will be applied in all formal complaints of sexual harassment. This standard is understood to mean that the party with the burden of persuasion must prove that a proposition is more probably true than false meaning a probability of truth greater than 50 percent.
The written notice of the determination regarding responsibility will include:
a) Identification of the allegations potentially constituting sexual harassment;
b) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
c) Findings of fact supporting the determination;
d) Conclusions regarding the application of any applicable District policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct to the facts;
e) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the District is imposing on the respondent, and whether remedies designed to restore or preserve equal access to the District’s education program or activity will be provided by the District to the complainant; and
f) The District’s procedures and permissible bases for the complainant and respondent to appeal.
Finality of Determination Regarding Responsibility
The determination regarding responsibility becomes final either on the date that the District provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
Where a determination regarding responsibility for sexual harassment has been made against the respondent, remedies will be provided to a complainant and disciplinary sanctions may be imposed on a respondent. Remedies will be designed to restore or preserve equal access to the District’s education program or activity. Remedies and disciplinary sanctions will be implemented in accordance with applicable laws and regulations, as well as any District policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct.
The Title IX Coordinator is responsible for the effective implementation of any remedies and/or disciplinary sanctions. The Title IX Coordinator will work with other individuals as necessary to effectively implement remedies and/or disciplinary sanctions.
Appeals
Either party may file an appeal from a determination regarding responsibility or from the District’s dismissal of a formal complaint or any of its allegations. Appeals must be submitted in writing to the Title IX Coordinator within five business days of the written notice of the determination regarding responsibility or dismissal of the formal complaint or any of its allegations.
An appeal may only be based upon one or more of the following bases:
a) Procedural irregularity that affected the outcome of the matter;
b) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
c) The Title IX Coordinator, investigator, or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
The bases on which a party is seeking an appeal should be specifically stated in the party’s written appeal.
Upon receipt of an appeal, the District will:
a) Notify the other party in writing that an appeal has been filed and implement appeal procedures equally for both parties;
b) Ensure that any decision-maker for the appeal:
1. Is not the same person as any decision-maker that reached the initial determination regarding responsibility or dismissal, investigator, or Title IX Coordinator;
2. Does not have any conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent;
c) Give all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. Parties will have to submit these written statements within five business days the parties have been notified of the appeal;
d) Issue a written decision describing the result of the appeal and the rationale for the result; and
e) Provide the written decision simultaneously to the Title IX Coordinator, the Superintendent, and all parties within five business days after receiving the parties written statements in support of, or challenging, the outcome.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
The District prohibits retaliation against any individual for the purpose of interfering with his or her Title IX rights or because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing under Title IX.
Charging an individual with Code of Conduct or other applicable violations that do not involve sex discrimination, including sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation. Charging an individual with a Code of Conduct or other applicable violation for making a materially false statement in bad faith during a grievance proceeding does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.
All complaints alleging retaliation will be handled in a manner consistent with the District’s policies and procedures regarding the investigation of discrimination and harassment complaints, including Policy #3420 — Non-Discrimination and Anti-Harassment in the District.
If the Title IX Coordinator is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another Title IX Coordinator, if the District has designated another individual to serve in that capacity. If the District has not designated another Title IX Coordinator, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the Title IX Coordinator.
Confidentiality
Except where disclosure may be permitted or required by law or regulation, the District will keep confidential the identity of any:
a) Individual who has made a report or complaint of sex discrimination;
b) Individual who has made a report or filed a formal complaint of sexual harassment;
c) Complainant;
d) Individual who has been reported to be the perpetrator of sex discrimination;
e) Respondent; and
f) Witness.
Training
The District will ensure that:
a) All Title IX Coordinators, investigators, decision-makers, or persons who facilitate an informal resolution process receive training on:
1. The definition of sexual harassment as defined in Title IX;
2. The scope of the District’s education program or activity;
3. How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable; and
4. How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
b) All decision-makers receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant.
c) All investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
d) All District employees receive training on mandatory reporting obligations and any other responsibilities that they may have relative to Title IX.
Materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process will not rely on sex stereotypes and will promote impartial investigations and adjudications of formal complaints of sexual harassment. Training materials will be made publicly available on the District’s website.
Notification
The District will notify students, parents or legal guardians of students, employees, applicants for employment, and all unions or professional organizations holding collective bargaining or professional agreements with the District of this policy.
Further, the District will prominently publish this policy and the contact information for the Title IX Coordinator(s) on its website and in other publications, including in each handbook or catalog that it makes available to the individuals and entities referenced above.
Recordkeeping
For a period of seven years, the District will retain the following:
a) Records of each sexual harassment investigation including any:
1. Determination regarding responsibility;
2. Audio or audiovisual recording or transcript required under law or regulation;
3. Disciplinary sanctions imposed on the respondent; and
4. Remedies provided to the complainant designed to restore or preserve equal access to the District’s education program or activity.
b) Any appeal and its result.
c) Any informal resolution and its result.
d) All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.
e) For each response to sexual harassment where the District had actual knowledge of sexual harassment in its education program or activity against a person in the United States, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance, the District must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the District’s education program or activity. If a District does not provide a complainant with supportive measures, then the District must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the District in the future from providing additional explanations or detailing additional measures taken.
20 USC § 1092(f)(6)(A)(v)
20 USC § 1681, et. seq.
34 USC § 12291(a)(8, 10, and 30)
34 CFR Part 106
Education Law § 13
8 NYCRR § 100.2
NOTE: Refer also to Policies #3420 — Non-Discrimination and Anti-Harassment in the District
#6121 — Sexual Harassment in the Workplace
#7550 — Dignity for All Students
#7551 — Sexual Harassment of Students
District Code of Conduct
Adoption Date: May 23, 2022
3510 EMERGENCY SCHOOL CLOSINGS
In the event it is necessary to close school for the day, activate a delayed starting time or early dismissal (as well as information relating to cancellation of after-school activities/late bus runs), due to inclement weather, impassable roads, or other emergency reasons, announcements will be made over local radio and television stations, auto dialing, or the internet or District website.
When school is closed, all related activities, including athletic events and student activities, will be cancelled for that day and evening. Cancellation of scheduled Board of Education meetings will be announced on the district website.
The attendance of personnel will be governed by their respective contracts.
Education Law § 3604(7)
Adoption Date: May 23, 2022
3520 EXTRAORDINARY CIRCUMSTANCES
The District considers the safety of its students and staff to be of the utmost importance and is acutely aware that extraordinary circumstances such as widespread illness, natural disaster, or other emergency situation may make District premises unsafe or otherwise interrupt the District’s ability to effectively operate.
In these circumstances, the District will follow its previously developed policies, procedures, and plans including, but not limited to, the District-wide school safety plan and building-level emergency response plan(s). To the extent that any District policy, procedure, or plan is in any way inconsistent with or conflicts with federal, state, or county law, regulation, or executive order released for the purpose of addressing the extraordinary circumstance, the federal, state, or county law, regulation, or executive order will govern. Additionally, the Board may adopt resolutions or take other actions as needed to respond to changes in federal, state, or county law, regulation, or executive order to provide further direction during an extraordinary circumstance.
Adoption Date: May 23, 2022