Employee Policy Review

HPCSD BOE Policy 0100: Equal Opportunity and Nondiscrimination

The Board of Education, its officers and employees, shall not discriminate in its programs and activities on the basis of race, color, national origin, creed, religion, marital status, sex, age, sexual orientation, disability or predisposing genetic characteristic. The district will provide notice of this policy in accordance with federal and state law and regulation.

This policy of nondiscrimination includes access by students to educational programs, counseling services for students, course offerings, and student activities, as well as recruitment and appointment of employees and employment pay, benefits, advancement and/or terminations.

The Board of Education, its officers and employees shall not discriminate against students on the basis of actual or perceived race, color, national origin, creed, religion, marital status, sex, age, sexual orientation, disability or predisposing genetic characteristic.

A finding that an individual has engaged in conduct in violation of this policy may result in disciplinary action and/or filing of a report with third parties in the manner prescribed by the district code of conduct, the law or applicable contract.

Nothing in this policy shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction or activity based on a person’s gender that would be permissible under the law, or to prohibit, as discrimination based on disability, actions that would be permissible under the law.

Annual Notification

At the beginning of each school year, the district shall publish a notice of the established grievance procedures for resolving complaints of discrimination to parents/guardians, employees, students and the community. The public notice shall:

inform parents, employees, students and the community that education programs, including but not limited to vocational programs, are offered without regard to actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex; sexual orientation, or gender (including gender identity and expression;
provide the name, address and telephone number of the person designated to coordinate activities concerning discrimination; and
be included in announcements, bulletins, catalogs, and applications made available by the district.

The Deputy Superintendent has been designated to handle inquiries regarding the district’s non-discrimination policies. Contact information for the Deputy Superintendent is available on the district’s website. Complaints of sexual harassment or discrimination are covered by policy 0110.

All complainants and those who participate in the investigation of a complaint in conformity with state law and district policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.

The Board authorizes the Superintendent of Schools to establish such rules, regulations and procedures necessary to implement and maintain this policy.

Cross-ref:

0110, Sexual Harassment

5030, Student Complaints and Grievances

5300, Code of Conduct

9520 , Staff Complaints and Grievances

Ref:

Age Discrimination in Employment Act of 1967 29 U.S.C. §621 et seq.

Americans with Disabilities Act, 42 U.S.C. §12101 et seq.

Title VI, Civil Rights Act of 1964, 42 U.S.C. §2000d et seq. (nondiscrimination based on race, color, and national origin in federally assisted programs)

Title VII, Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. (nondiscrimination based on race, color, and national origin in employment)

Title IX, Education Amendments of 1972, 20 U.S.C. §1681 et seq. (nondiscrimination based on sex)

§504, Rehabilitation Act of 1973, 29 U.S.C. §794

Individuals with Disabilities Education Law, 20 U.S.C §§1400 et seq.

Genetic Information Nondiscrimination Act of 2008 P.L. 110-233

34 C.F.R. §§ 100.6, 104.8, 106.9, 110.25

Executive Law §290 et seq. (New York State Human Rights Law)

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

Education Law §§313(3), 3201, 3201-a

HPCSD BOE Policy 0100-R: EQUAL OPPORTUNITY AND NONDISCRIMINATION REGULATION

HPCSD BOE POLICY 0100-R: EQUAL OPPORTUNITY AND NONDISCRIMINATION REGULATION

The procedures set forth in this regulation do not supersede any protection complainants as provided under existing state or federal law.

Definitions

Complainant shall mean an applicant, employee, student or vendor who alleges that they have been subjected to discrimination, which may be a violation of this policy, as well as a violation of federal or state law or associated regulations, which has affected him/her.

Complaint shall mean any alleged act of discrimination which may be a violation of this policy, which may also violate federal and state civil rights laws or associated regulations.

Compliance Officer shall mean the employee designated by the Board of Education to coordinate efforts to comply with and carry out responsibilities under the Civil Rights Act of 1964, Section 504 and the ADA. The District’s compliance officer for student complaints is the Deputy Superintendent and the Director of Human Resources or Director of Transportation for staff complaints. .

The investigation and resolution of any complaints alleging an action prohibited by the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act or the ADA shall be dealt with in the following prompt, equitable and impartial manner:

A. Stage I‑‑Building Level

As soon as practicable, if possible within 30 school days after the events giving rise to the allegation, the complainant shall file a complaint, preferably in writing using the district’s complaint form, with the Building Principal. The Principal may informally discuss the complaint with the complainant. They shall promptly and thoroughly investigate the matter. All employees and students of the school district shall cooperate with the Principal in such investigation.

Within 30 school days of receipt of the complaint, the Principal shall make a finding in writing that there has or has not been a violation of the Civil Rights Act, Section 504 of the Rehabilitation Act or the ADA. In the event the Principal finds that there has been a violation, he/she shall propose a resolution of the complaint.

If the complainant is not satisfied with the finding of the Principal, or with the proposed resolution of the complaint, the complainant may, within 30 school days after he/she has received the report of the Principal, file a written request for review by the District Compliance Officer.

B. Stage II‑‑District Compliance Officer

The District Compliance Officermay request that the complainant, the Principal, student, or any member of the school district staff present a written statement to them setting forth any information that such person has relative to the complaint and the facts surrounding it.
Within 30school days of the hearing, the District Compliance Officer shall render their determination in writing. Such determination shall include a finding that there has or has not been a violation of the Civil Rights Act, Section 504 of the Rehabilitation Act or the ADA, and if applicable, a proposal for equitably resolving the complaint.
If the complainant is not satisfied with the determination of Stage II, or the proposed resolution, the complainant may, within 30 school days after its receipt, file with the Clerk of the Board of Education, a written request for review by the Board.

C. Stage III‑‑Board of Education

When a request for review by the Board has been made in writing, the District Compliance Officer or their designee shall submit all written statements and other materials concerning the case to the President of the Board. The Board shall notify all parties concerned of the date when a review of documents will be held. All parties may submit any written materials in support of their case to the Board of Education. Such review will be held within 30 school days of the receipt of the request of the complainant. The Board shall render a decision in writing within 30 school days after the review has been concluded.

HPCSD BOE Policy 0101: Gender Neutral - Single Use Bathrooms

All single-occupancy bathroom facilities in the district are designated as gender neutral. Signs designating gender neutral single-occupancy bathrooms will be posted on or near the entry door of that bathroom facility.

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

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

Ref:

Education Law §409-m (single-occupancy bathrooms designated as gender neutral)

Public Buildings Law §145(d)

HPCSD BOE Policy 0110.1-R: SEXUAL HARASSMENT of STUDENTS REGULATION

This regulation is intended to create and preserve an educational environment free from unlawful sexual harassment on the basis of actual or perceived sex, sexual orientation, and/or gender identity and expression, in furtherance of the district's commitment to provide a healthy and productive environment for all students that promotes respect, dignity and equality.

Sexual Harassment Defined

Sexual harassment is a form of sex discrimination and is unlawful under federal and state law. Sexual harassment includes harassment on the basis of actual or perceived sex, sexual orientation, and/or gender identity and expression.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s actual or perceived sex, gender, or sexual orientation, when:

submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of a student's education (including any aspect of the student’s participation in school-sponsored activities, or any other aspect of the student’s education); or
submission to or rejection of that conduct or communication by an individual is used as the basis for decisions affecting a student's education; or
the conduct or communication has the purpose or effect of substantially or unreasonably interfering with a student's academic performance or participation in school-sponsored activities, or creating an intimidating, hostile or offensive educational environment, even if the complaining individual is not the intended target of the sexual harassment.

Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, or verbal, nonverbal or physical aggression, intimidation or hostility that is based on sex, gender and sexual orientation stereotypes.

Unacceptable Conduct

School-related conduct that the district considers unacceptable and which may constitute sexual harassment includes, but is not limited to, the following:

rape, attempted rape, sexual assault, attempted sexual assault, forcible sexual abuse, hazing, and other sexual and gender-based activity of a criminal nature as defined under the State Penal Law;
unwelcome sexual advances or invitations or requests for sexual activity, including but not limited to those in exchange for grades, preferences, favors, selection for extracurricular activities, homework, etc., or when accompanied by implied or overt threats concerning the target's school evaluations, other benefits or detriments;
unwelcome or offensive public sexual display of affection, including kissing, hugging, making out, groping, fondling, petting, inappropriate touching of one's self or others (e.g., pinching, patting, grabbing, poking), sexually suggestive dancing, and massages;
any unwelcome communication that is sexually suggestive, sexually degrading or derogatory or implies sexual motives or intentions, such as sexual remarks or innuendoes about an individual's clothing, appearance or activities; sexual jokes; sexual gestures; public conversations about sexual activities or exploits; sexual rumors and "ratings lists;" howling, catcalls, and whistles; sexually graphic computer files, messages or games, etc.;
unwelcome and offensive name calling or profanity that is sexually suggestive or explicit, sexually degrading or derogatory, implies sexual intentions, or that is based on sexual stereotypes or sexual orientation, gender identity or expression;
unwelcome physical contact or closeness that is sexually suggestive, sexually degrading or derogatory, or sexually intimidating such as the unwelcome touching of another's body parts, cornering or blocking an individual, standing too close, spanking, pinching, following, stalking, frontal body hugs, etc.;
unwelcome and sexually offensive physical pranks or touching of an individual's clothing, such as hazing and initiation, “streaking” (running naked in public), “mooning” (exposing one’s buttocks), “snuggies” or “wedgies” (pulling underwear up at the waist so it goes in between the buttocks), bra-snapping, skirt “flip-ups,” “pantsing” or “spiking” (pulling down someone's pants or swimming suit); pinching; placing hands inside an individual's pants, shirt, blouse, or dress, etc.;
unwelcome leers, stares, gestures, or slang that are sexually suggestive; sexually degrading or derogatory or imply sexual motives or intentions;
clothing with sexually obscene or sexually explicit slogans or messages;
unwelcome and offensive skits, assemblies, and productions that are sexually suggestive, sexually degrading or derogatory, or that imply sexual motives or intentions, or that are based on sexual stereotypes;
unwelcome written or pictorial display or distribution (including via electronic devices) of pornographic or other sexually explicit materials such as signs, graffiti, calendars, objects, magazines, videos, films, Internet material, etc.;
other hostile actions taken against an individual because of that person’s actual or perceived sex, sexual orientation, gender identity or expression, such as interfering with, destroying or damaging a person's school area or equipment; sabotaging that person's school activities; bullying, yelling, or name calling; or otherwise interfering with that person's ability to participate in school functions and activities; and
any unwelcome behavior based on sexual stereotypes and attitudes that is offensive, degrading, derogatory, intimidating, or demeaning, including, but not limited to:
1. disparaging remarks, slurs, jokes about or aggression toward an individual because the person displays mannerisms or a style of dress inconsistent with stereotypical characteristics of the person’s sex;
2. ostracizing or refusing to participate in group activities with an individual (for example, during class projects, physical education classes or field trips) because of the individual’s actual or perceived sex, sexual orientation, and/or gender identity or expression;
3. taunting or teasing an individual because they are participating in an activity not typically associated with the individual’s actual or perceived sex, sexual orientation, or gender.

For purposes of this regulation, action or conduct will be considered “unwelcome” if the student did not request or invite it and regarded the conduct as undesirable or offensive.

Sexual harassment may occur on school grounds, school buses and at all school-sponsored activities, programs and events, including those that take place at locations outside the district, or outside the school setting if the harassment impacts the individual’s education in a way that violates their legal rights, including when the harassment is done by electronic means (including on social media).

Determining if Prohibited Conduct is Sexual Harassment

Complaints of sexual harassment will be thoroughly investigated to determine whether the totality of the behavior and circumstances meet any of the elements of the above definition of sexual harassment and should therefore be treated as sexual harassment. Not all unacceptable conduct with sexual connotations may constitute sexual harassment. In many cases (other than quid pro quo situations where the alleged harasser offers academic rewards or threatens punishment as an inducement for sexual favors), unacceptable behavior must be sufficiently severe, pervasive and objectively offensive to be considered sexual harassment. If the behavior doesn't rise to the level of sexual harassment, but is found to be objectionable behavior, the individual will be educated and counseled in order to prevent the behavior from continuing.

In evaluating the totality of the circumstances and making a determination of whether conduct constitutes sexual harassment, the individual investigating the complaint should consider:

the degree to which the conduct affected the ability of the student to participate in or benefit from their education or altered the conditions of the student's learning environment;
the type, frequency and duration of the conduct;
the identity of and relationship between the alleged harasser and the subject of the harassment (e.g., sexually based conduct by an authority figure is more likely to create a hostile environment than similar conduct by a peer);
the number of individuals involved;
the age and sex of the alleged harasser and the target of the harassment;
the location of the incidents and context in which they occurred;
other incidents at the school; and
incidents of gender-based, but non-sexual harassment.

Reporting Complaints

Students who believe they been the target of sexual harassment related to the school setting are encouraged to report complaints as soon as possible after the incident in order to enable the district to promptly and effectively investigate and resolve the complaint. Any person who witnesses or is aware of sexual harassment of a student is also encouraged to report the incident or behavior to the district. Targets are encouraged to submit the complaint in writing; however, complaints may be filed verbally.

Complaints should be filed with the Principal or the Title IX coordinator; however, students may go to any district employee with sexual harassment complaints.

Any school employee who receives a complaint of sexual harassment from a student must inform the student of the employee's obligation to report the complaint to the school administration, and must then immediately notify the Principal and/or the Title IX coordinator.

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

Confidentiality

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

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

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

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

Investigation and Resolution Procedure

Initial (Building-level) Procedure

The Principal or the Title IX coordinator will conduct a preliminary review when they receive a verbal or written complaint of sexual harassment, or if they observe sexual harassment. Except in the case of severe or criminal conduct, the Principal or the Title IX coordinator should make all reasonable efforts to resolve complaints informally at the school level. The goal of informal investigation and resolution procedures is to end the harassment and obtain a prompt and equitable resolution to a complaint. All persons involved in an investigation (complainants, witnesses and alleged harassers) will be accorded due process to protect their rights to a fair and impartial investigation. This investigation shall be prompt and thorough, and shall be completed as soon as possible.

Immediately, but no later than two working days following receipt of a complaint, the Principal or Title IX coordinator shall begin an investigation of the complaint according to the following steps:

Interview the target and document the conversation. Instruct the target to have no contact or communication regarding the complaint with the alleged harasser. Ask the target specifically what action they want taken in order to resolve the complaint. Refer the target, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services.
Review any written documentation of the harassment prepared by the target. If the target has not prepared written documentation, ask the target to do so, providing alternative formats for individuals with disabilities and young children, who have difficulty writing and need accommodation. If the complainant refuses to complete a complaint form or written documentation, the Principal or Title IX coordinator shall complete a complaint form (see exhibit 0115-E, Student Bullying and Harassment Complaint Form) based on the verbal report.
Request, review, obtain and preserve relevant evidence of harassment (e.g., documents, emails, phone records, etc.), if any exist.
Interview the alleged harasser regarding the complaint and inform the alleged harasser that if the objectionable conduct has occurred, it must cease immediately. Document the conversation. Provide the alleged harasser an opportunity to respond to the charges in writing.
Instruct the alleged harasser to have no contact or communication regarding the complaint with the target and to not retaliate against the target. Warn the alleged harasser that if they make such contact with or retaliate against the target, they will be subject to immediate disciplinary action.
Interview any witnesses to the complaint. Where appropriate, obtain a written statement from each witness. Caution each witness to keep the complaint and their statement confidential. Employees may be required to cooperate as needed in investigations of suspected sexual harassment.
Review all documentation and information relevant to the complaint.
Where appropriate, suggest mediation as a potential means of resolving the complaint. In addition to mediation, use appropriate informal methods to resolve the complaint, including but not limited to:
1. discussion with the accused, informing them of the district's policies and indicating that the behavior must stop;
2. suggesting counseling and/or sensitivity training;
3. conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;
4. requesting a letter of apology to the complainant;
5. writing letters of caution or reprimand; and/or
6. separating the parties.
Involvement and Notification
1. Parents/guardians of student targets and accused students will be notified within one school day of allegations that are serious or involve repeated conduct.
2. The parents/guardians of students who file complaints are welcome to participate at each stage of both informal and formal investigation and resolution procedures.
3. If either the target or the accused is a student receiving special education services under an IEP or section 504/Americans with Disabilities Act accommodations, the committee on special education will be consulted to determine the degree to which the student's disability either caused or is affected by the discrimination or policy violation. In addition, due process procedures required for persons with disabilities under state and federal law will be followed.
1. The Principal or Title IX Coordinator (i.e., the investigator) will submit a copy of all investigation and interview documentation to the Superintendent.
2. The investigator will report back to both the target and the accused, notifying them in writing, and also in person as appropriate, regarding the outcome of the investigation and the action taken to resolve the complaint. The investigator will instruct the target to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliates against them.

1. The investigator will notify the target that if they desire further investigation and action, they may request a district level investigation by contacting the Superintendent of Schools. The investigator will also notify the target of their right to contact the New York State Division of Human Rights, the U.S. Department of Education's Office for Civil Rights, and/or a private attorney.
Create a written documentation of the investigation, kept in a secure and confidential location, containing:
1. A list of all documentation and other evidence reviewed, along with a detailed summary;
2. A list of names of those interviewed along with a detailed summary of their statements;
3. A timeline of events;
4. A summary of prior relevant incidents, reported or unreported; and
5. The final resolution of the complaint, together with any corrective action(s).

If the initial investigation results in a determination that sexual harassment did occur, the investigator will promptly notify the Superintendent, who will then take prompt disciplinary action in accordance with district policy, the applicable collective bargaining agreement or state law.

If a complaint received by the Principal or the Title IX Coordinator contains evidence or allegations of serious or extreme harassment, such as employee to student harassment, criminal touching, quid pro quo (e.g., offering an academic reward or punishment as an inducement for sexual favors), or acts which shock the conscience of a reasonable person, the complaint will be referred promptly to the Superintendent. In addition, where the Principal or the Title IX coordinator has a reasonable suspicion that the alleged harassment involves criminal activity, they must immediately notify the Superintendent, who will then contact appropriate child protection and law enforcement authorities. Where criminal activity is alleged or suspected by a district employee, the accused employee will be suspended pending the outcome of the investigation, consistent with all contractual or statutory requirements.

Any party who is not satisfied with the outcome of the initial investigation by the Principal or the Title IX coordinator may request a district-level investigation by submitting a written complaint to the Superintendent within 30 days.

District-level Procedure

The Superintendent will promptly investigate and resolve all sexual harassment complaints that are referred by a Principal or Title IX coordinator, as well as those appealed to the Superintendent following an initial investigation by a Principal or Title IX coordinator. In the event the complaint of sexual harassment involves the Superintendent, the complaint will be filed with or referred to the Board President, who will refer the complaint to a trained investigator not employed by the district for investigation.

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

In conducting the formal district level investigation, the district will use investigators who have received formal training in sexual harassment investigation or that have previous experience investigating sexual harassment complaints.

If a district investigation results in a determination that sexual harassment did occur, prompt corrective action will be taken to end the harassment. Where appropriate, district investigators may suggest mediation as a means of exploring options of corrective action and informally resolving the complaint.

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

The target and the alleged harasser have the right to be represented by a person of their choice, at their own expense, during sexual harassment investigations and hearings.

External Remedies

In addition, targets have the right to register sexual harassment complaints with the U.S. Department of Education's Office for Civil Rights (OCR) and the New York State Division of Human Rights (DHR). The OCR can be contacted at (800) 421-3481, 400 Maryland Avenue SW, Washington, DC 20202-1100, or at https://www2.ed.gov/about/offices/list/ocr./docs/howto.html. The DHR can be contacted at (888) 392-3644, www.dhr.ny.gov/complaint, or at 1 Fordham Plaza, Fourth Floor, Bronx, NY 10458.

Nothing in these regulations limits the right of the complainant to file a lawsuit in either state or federal court, or to contact law enforcement officials if the sexual harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, or other acts which may constitute a crime.

Retaliation Prohibited

Any act of retaliation against any person who opposes sexually harassing behavior, or who has filed a complaint in good faith, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has, in good faith, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a sexual harassment complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, discipline, discrimination, demotion, denial of privileges, any action that would keep a person from coming forward to make or support a sexual harassment claim, and any other form of harassment. Such actions need not be job- or education-related, or occur in the workplace or educational environment, to constitute unlawful retaliation. Any person who retaliates is subject to immediate disciplinary action, up to and including suspension or termination.

Discipline/Penalties and Consequences

Any individual who violates the sexual harassment policy by engaging in prohibited sexual harassment will be subject to appropriate disciplinary and/or remedial action. Measures available to school authorities include, but are not limited to the following:

Students: Discipline may range from a reprimand up to and including suspension from school, to be imposed consistent with the student conduct and discipline policy and applicable law.

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

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

“Non-employees” (i.e., contractors, subcontractors, vendors, consultant and other persons providing services pursuant to a contract, or their employees): Penalties may range from a warning up to and including loss of district business.

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

False Complaints

False or malicious complaints of sexual harassment may result in corrective or disciplinary action taken against the complainant.

Training

All students and employees will be informed of this policy and regulation in student and employee handbooks, on the district website and student registration materials. A poster summarizing the policy will also be posted in a prominent location at each school. All secondary school student body officers will receive district training about the policy at the beginning of each school year.

In addition, age-appropriate curricular materials will be made available so that it can be incorporated in instruction K-12 to ensure that all students are educated to recognize and report sexual harassment, and on appropriate and inappropriate behavior.

Building Principals are responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures established for investigation and resolution of complaints, general issues surrounding sexual harassment, the rights and responsibilities of students and employees, and the impact of sexual harassment on the target.

HPCSD BOE Policy 0110.1: SEXUAL HARASSMENT of STUDENT

The Board of Education recognizes that harassment of students on the basis of actual or perceived sex, sexual orientation, and/or gender identity and expression is abusive and illegal behavior that harms targets and negatively impacts the school culture by creating an environment of fear, distrust, intimidation and intolerance. The Board further recognizes that preventing and remedying such harassment in schools is essential to ensure a healthy, nondiscriminatory environment in which students can learn.

Sexual harassment is a form of sex discrimination and is unlawful under federal and state law. For purposes of this policy, sexual harassment includes harassment on the basis of actual or perceived sex, sexual orientation, and/or gender identity and expression. Sexual harassment of a student can deny or limit the student’s ability to participate in or to receive benefits, services, or opportunities from the school’s program.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s actual or perceived sex, sexual orientation, and/or gender identity and expression, when:

submission to that conduct is made either explicitly or implicitly a term or condition of a student's education;
submission to or rejection of such conduct is used as the basis for decisions affecting a student's education; or
the conduct has the purpose or effect of unreasonably interfering with a student's school performance or creating an intimidating, hostile or offensive educational environment, even if the complaining individual is not the intended target of the sexual harassment;

The Board is committed to providing an educational environment that promotes respect, dignity and equality and that is free from all forms of sexual harassment. To this end, the Board condemns and strictly prohibits all forms of sexual harassment on school grounds, school buses and at all school-sponsored activities, programs and events, including those that take place at locations outside the district, or outside the school setting if the harassment impacts the individual’s education in a way that violates their legal rights, including when harassment is done by electronic means (including on social media). Sanctions will be enforced against all those who engage in sexual harassment or retaliation, and against district personnel who knowingly allow such behavior to continue.

Sexual harassment may subject the district to liability for harm done to targets. Harassers may also be individually subject to civil liability if sued in a court of law or criminal liability if prosecuted.

Under various state and federal laws, students have legal protections against sexual harassment in the school environment as described above. Those laws are listed in the references section. The district’s Code of Conduct also addresses appropriate behavior in the school environment. Sexual harassment can occur between persons of all ages and genders.

In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets of sexual harassment and persons with knowledge of sexual harassment report the harassment immediately. The district will promptly investigate all complaints of sexual harassment, either formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner. Limited disclosure may be necessary to complete a thorough investigation. If the complainant reports that they feel unsafe at school due to the nature of the complaint, the district will determine if accommodations need to be made until the issue is resolved.

All complainants and those who participate in sexual harassment complaints or the investigation of a complaint of sexual harassment have the right to be free from retaliation of any kind, when they do so with a good faith belief that sexual harassment has occurred. Such prohibited retaliation can include, but is not limited to, discipline, discrimination, demotion, denial of privileges, or any action that would keep a person from coming forward to make or support a sexual harassment claim. Such actions need not be job or education-related, or occur in the workplace or educational environment, to constitute unlawful retaliation.

The Superintendent of Schools is directed to develop and implement regulations for reporting, investigating and remedying allegations of sexual harassment. These regulations are to be attached to this policy. In addition, the Board directs that training programs be established for students, and annually for employees, to raise awareness of the issues surrounding sexual harassment and to implement preventative measures to help reduce incidents of sexual harassment. Age-appropriate instructional materials will be incorporated into the curriculum to educate students so that they can recognize and reduce the incidence of sexual harassment.

This policy, or a simplified version, will be posted in a prominent place in each district facility, on the district’s website, and will also be published in student registration materials, student, parent and employee handbooks, and other appropriate school publications.

A committee of administrators, teachers, parents, students and the school attorney will be convened annually to review this policy's effectiveness and compliance with applicable state and federal law, and to recommend revisions to Board.

Cross-ref:

0115, Student Harassment and Bullying Prevention and Intervention

Ref:

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

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

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

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

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

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

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

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

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

HPCSD BOE POLICY 0110.2-E: SEXUAL HARASSMENT of EMPLOYEES EXHIBIT

Complaint Form For Reporting Sexual Harassment (Employee)

New York State Labor Law requires all employers to adopt a sexual harassment prevention policy that includes a complaint form for targets to report alleged incidents of sexual harassment.

If you believe that you have been subjected to sexual harassment, you are encouraged to complete this form to the best of your ability and submit it to Title IX officer, . You will not be retaliated against for filing a complaint.

If you are more comfortable reporting verbally or in another manner, the district should complete this form, provide you with a copy and follow its sexual harassment prevention policy by investigating the claims as outlined at the end of this form. For additional resources, visit: http://www.ny.gov/programs/combating-sexual-harassment-workplace

YOUR INFORMATION (for all persons making a complaint)

Your Name:

Home Address:

Home or Cell Phone:

Email:

Work Address:

Work Phone:

Job Title:

Preferred Communication Method (please select one): phone, email, mail, in person

SUPERVISOR INFORMATION

Immediate Supervisor’s Name:

Title:

Work Phone:

Work Address:

COMPLAINT INFORMATION

1. Your complaint of Sexual Harassment is made against (please include as much information as possible, if known):

Name:

Job Title (if an employee):

Grade/Class (if a student):

School/Work Location:

Phone:

Relationship to you (please circle one below):

Supervisor / Subordinate / Co-Worker / Student / Other: ______________________

(Please use additional sheets of paper if the complaint is against multiple people.)

2. Please describe what happened and how it is affecting you and your work. Please use additional sheets of paper if necessary and attach any relevant documents or evidence.

3. Date(s) and location(s) sexual harassment occurred: _____________________

Is the sexual harassment continuing? ____ Yes ____ No

4. Please list the name and contact information (if known) of any witnesses or individuals who may have information related to your complaint:

The following question is optional, but may help the district's investigation.

5. Have you previously complained about or provided information (verbal or written) about sexual harassment or related incidents to the district? ____ Yes ____ No

If yes, when and to whom did you complain or provide information?

If you have retained legal counsel and would like us to work with them, please provide their contact information.

Print Name: _________________________

Signature: __________________________

Date: __________________

Instructions for the District

If you receive a complaint about alleged sexual harassment, you must follow the district's sexual harassment prevention policy by investigating the allegations through actions including:

Speaking with the complainant
Speaking with the alleged harasser
Interviewing witnesses
Collecting and reviewing any related documents

While the process may vary from case to case, all allegations should be investigated promptly and resolved as quickly as possible. The investigation should be kept confidential to the extent possible.

Document findings of the investigation and basis for your decision along with any corrective actions taken, and notify the complainant and the individual(s) against whom the complaint was made (if the alleged harasser is a student, also notify the parent/guardian). This may be done via email.

HPCSD BOE POLICY 0110.2-R: SEXUAL HARASSMENT OF EMPLOYEES REGULATION

This regulation is intended to create and preserve a working environment free from unlawful sexual harassment on the basis of perceived or self-identified sex, sexual orientation, and/or gender identity and expression, in furtherance of the district's commitment to provide a healthy and productive environment for all employees (including all staff, applicants for employment, both paid and unpaid interns. exempt and non-exempt status, part-time, seasonal, and temporary workers, regardless of immigration status) and “non-employees” (i.e., contractors, subcontractors, vendors, consultant and other persons providing services pursuant to a contract, or their employees) that promotes respect, dignity and equality.

Sexual Harassment Defined

Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of perceived or self-identified sex, sexual orientation, gender identity, gender expression, and transgender status.

Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions or privileges of employment. Such harassment need not be severe or pervasive to be unlawful, and can be any harassing conduct that consists of more than petty slights or trivial inconveniences.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual's perceived or self-identified sex, sexual orientation, gender identity or expression, and transgender status, when:

submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of an employee's or "non-employee's" employment; or
submission to or rejection of that conduct or communication by an individual is used as the basis for decisions affecting an employee's or "non-employee's" employment; or
the conduct or communication has the purpose or effect of substantially or unreasonably interfering with an employee's or "non-employee's" work performance, or creating an intimidating, hostile or offensive working environment, even if the complaining individual is not the intended target of the sexual harassment.

Unacceptable Conduct

Conduct that the district considers unacceptable and which may constitute sexual harassment includes, but is not limited to, the following:

rape, attempted rape, sexual assault, attempted sexual assault, forcible sexual abuse, hazing, and other sexual and gender-based activity of a criminal nature as defined under the State Penal Law;
unwelcome sexual advances or invitations or requests for sexual activity, including but not limited to those in exchange for promotions, preferences, favors, selection for job assignments, etc., or when accompanied by implied or overt threats concerning the target's work evaluations, other benefits or detriments;
unwelcome or offensive public sexual display of affection, including kissing, hugging, making out, groping, fondling, petting, inappropriate touching of one's self or others (e.g., pinching, patting, grabbing, poking), sexually suggestive dancing, and massages;
any unwelcome communication that is sexually suggestive, sexually degrading or derogatory or implies sexual motives or intentions, such as sexual remarks or innuendoes about an individual's clothing, appearance or activities; sexual jokes; sexual gestures; public conversations about sexual activities or exploits; sexual rumors and "ratings lists;" howling, catcalls, and whistles; sexually graphic computer files, messages or games, etc.;
unwelcome and offensive name calling or profanity that is sexually suggestive or explicit, sexually degrading or derogatory, implies sexual intentions, or that is based on sexual stereotypes or sexual orientation, gender identity or expression;
unwelcome physical contact or closeness that is sexually suggestive, sexually degrading or derogatory, or sexually intimidating such as the unwelcome touching of another's body parts, cornering or blocking an individual, standing too close, spanking, pinching, following, stalking, frontal body hugs, etc.;
unwelcome and sexually offensive physical pranks or touching of an individual's clothing, such as hazing and initiation, “streaking” (running naked in public), “mooning” (exposing one’s buttocks), “snuggies” or “wedgies” (pulling underwear up at the waist so it goes in between the buttocks), bra-snapping, skirt “flip-ups,” “pantsing” or “spiking” (pulling down someone's pants or swimming suit); pinching; placing hands inside an individual's pants, shirt, blouse, or dress, etc.;
unwelcome leers, stares, gestures, or slang that are sexually suggestive; sexually degrading or derogatory or imply sexual motives or intentions;
clothing with sexually obscene or sexually explicit slogans or messages;
unwelcome and offensive skits, assemblies, and productions that are sexually suggestive, sexually degrading or derogatory, or that imply sexual motives or intentions, or that are based on sexual stereotypes;
unwelcome written or pictorial display or distribution (including via electronic devices) of pornographic or other sexually explicit materials such as signs, graffiti, calendars, objects, magazines, videos, films, Internet material, etc.;
other hostile actions taken against an individual because of that person’s perceived or self-identified sex, sexual orientation, gender identity or transgender status, such as interfering with, destroying or damaging a person's work area or equipment; sabotaging that person's work activities; bullying, yelling, or name calling; or otherwise interfering with that person's ability to work or participate in school functions and activities; and
any unwelcome behavior based on sexual stereotypes and attitudes that is offensive, degrading, derogatory, intimidating, or demeaning, including, but not limited to:
1. disparaging remarks, slurs, jokes about or aggression toward an individual because the person displays mannerisms or a style of dress inconsistent with stereotypical characteristics of the person’s sex;
2. ostracizing or refusing to participate in group activities with an individual (including, but not limited to, projects or trips) because of the individual’s perceived or self-identified sex, sexual orientation, gender identity or expression or transgender status;
3. taunting or teasing an individual because they are participating in an activity not typically associated with the individual’s sex, sexual orientation or gender.

For purposes of this regulation, action or conduct will be considered “unwelcome” if the employee or “non-employee” did not request or invite it and regarded the conduct as undesirable or offensive.

Sexual harassment may occur on school grounds, school buses and at all school-sponsored activities, programs and events, including those that take place at locations outside the district, or outside the work setting if the harassment impacts the individual’s employment in a way that violates their legal rights, including when employees or “non-employees” travel on district business, or when the harassment is done by electronic means (including on social media).

Determining if Prohibited Conduct is Sexual Harassment

Complaints of sexual harassment will be thoroughly investigated to determine whether the totality of the behavior and circumstances meet any of the elements of the above definition of sexual harassment and should therefore be treated as sexual harassment. Not all unacceptable conduct with sexual connotations or based on sex may constitute sexual harassment. Such conduct must rise above what a reasonable victim of discrimination with the same protected characteristics would consider petty slights or trivial inconveniences to be considered sexual harassment. If the behavior doesn't rise to the level of sexual harassment, but is found to be objectionable behavior, the individual will be educated and counseled in order to prevent the behavior from continuing.

In evaluating the totality of the circumstances and making a determination of whether conduct constitutes sexual harassment, the individual investigating the complaint should consider:

the degree to which the conduct altered the conditions of the employee's or “non-employee’s” working environment;
the type, frequency and duration of the conduct;
the identity of and relationship between the alleged harasser and the subject of the harassment (e.g., sexually based conduct by an authority figure is more likely to create a hostile environment than similar conduct by a peer);
the number of individuals involved;
the age and sex of the alleged harasser and the target of the harassment;
the location of the incidents and context in which they occurred;
other incidents at the school; and
incidents of gender-based, but non-sexual harassment.

Reporting Complaints

Employees and “non-employees” who believe they have been the target of sexual harassment in the workplace is encouraged to report complaints as soon as possible after the incident in order to enable the district to promptly and effectively investigate and resolve the complaint. Any person who witnesses or is aware of sexual harassment of an employee or “non-employee” is also encouraged to report the incident or behavior to the district. Targets are encouraged to submit the complaint in writing; however, complaints may be filed verbally.

Complaints should be filed with the Principal or the Title IX coordinator; however, employees and “non-employees” can report complaints to any supervisor or manager.

School employees receiving complaints of sexual harassment from employees and “non-employees” must either direct the complainant to the Building Principal or Title IX coordinator, or may report the incident themselves. Supervisory and managerial personnel are required to report complaints of sexual harassment received by employees and “non-employees” to the Principal or Title IX coordinator, and will be subject to discipline for failing to report suspected or reported sexual harassment, knowingly allowing sexual harassment to continue, or engaging in any retaliation.

Confidentiality

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

Investigation and Resolution Procedure

Initial (Building-level) Procedure

Immediately, but no later than two working days following receipt of a complaint, the Principal or Title IX coordinator shall begin an investigation of the complaint according to the following steps:

Interview the target and document the conversation. Instruct the target to have no contact or communication regarding the complaint with the alleged harasser. Ask the target specifically what action they want taken in order to resolve the complaint. Refer the target, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services.
Review any written documentation of the harassment prepared by the target. If the target has not prepared written documentation, ask the target to do so, providing alternative formats for individuals with disabilities who may need accommodation. If the complainant refuses to complete a complaint form or written documentation, the Principal or Title IX coordinator shall complete a complaint form (see exhibit 0110.2-E) based on the verbal report.
Request, review, obtain and preserve relevant evidence of harassment (e.g., documents, emails, phone records, etc.), if any exist.
Interview the alleged harasser regarding the complaint and inform the alleged harasser that if the objectionable conduct has occurred, it must cease immediately. Document the conversation. Provide the alleged harasser an opportunity to respond to the charges in writing.
Instruct the alleged harasser to have no contact or communication regarding the complaint with the target and to not retaliate against the target. Warn the alleged harasser that if they make such contact with or retaliate against the target, they will be subject to immediate disciplinary action.
Interview any witnesses to the complaint. Where appropriate, obtain a written statement from each witness. Caution each witness to keep the complaint and their statement confidential. Employees may be required to cooperate as needed in investigations of suspected sexual harassment.
Review all documentation and information relevant to the complaint.
Where appropriate, suggest mediation as a potential means of resolving the complaint. In addition to mediation, use appropriate informal methods to resolve the complaint, including but not limited to:
1. discussion with the accused, informing them of the district's policies and indicating that the behavior must stop;
2. suggesting counseling and/or sensitivity training;
3. conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;
4. requesting a letter of apology to the complainant;
5. writing letters of caution or reprimand; and/or
6. separating the parties.
Involvement and Notification
1. If the alleged harasser is a student, their parents/guardians will be notified within one school day of allegations that are serious or involve repeated conduct.
1. If the alleged harasser is a student receiving special education services under an IEP or section 504/Americans with Disabilities Act accommodations, the committee on special education will be consulted to determine the degree to which the student's disability caused the discrimination or policy violation. In addition, due process procedures required for persons with disabilities under state and federal law will be followed.
2. The Principal or Title IX Coordinator (i.e., the investigator) will submit a copy of all investigation and interview documentation to the Superintendent.
3. The investigator will report back to both the target and the accused, notifying them in writing, and also in person as appropriate regarding the outcome of the investigation and the action taken to resolve the complaint. The investigator will instruct the target to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliates against them.
4. The investigator will notify the target that if they desire further investigation and action, they may request a district level investigation by contacting the Superintendent of Schools. The investigator will also notify the target of their right to contact the U.S. Department of Education's Office for Civil Rights, the U.S. Equal Employment Opportunity Commission, the New York State Division of Human Rights, and/or a private attorney.
Create a written documentation of the investigation, kept in a secure and confidential location, containing:
1. A list of all documentation and other evidence reviewed, along with a detailed summary;
2. A list of names of those interviewed along with a detailed summary of their statements;
3. A timeline of events;
4. A summary of prior relevant incidents, reported or unreported; and
5. The final resolution of the complaint, together with any corrective action(s).

If a complaint received by the Principal or the Title IX Coordinator contains evidence or allegations of serious or extreme harassment, such as employee to student harassment, criminal touching, quid pro quo (e.g., offering an employment reward or punishment as an inducement for sexual favors), or acts which shock the conscience of a reasonable person, the complaint will be referred promptly to the Superintendent. In addition, where the Principal or the Title IX coordinator has a reasonable suspicion that the alleged harassment involves criminal activity, they must immediately notify the Superintendent, who will then contact appropriate law enforcement authorities. Where criminal activity is alleged or suspected by a district employee, the accused employee will be suspended pending the outcome of the investigation, consistent with all contractual or statutory requirements.

District-level Procedure

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

The target and the alleged harasser have the right to be represented by a person of their choice, at their own expense, during sexual harassment investigations and hearings.

External Remedies

Employee targets have the right to register sexual harassment complaints with the U.S. Department of Education's Office for Civil Rights (OCR), the federal Equal Employment Opportunity Commission (EEOC) and the New York State Division of Human Rights (DHR). The OCR can be contacted at (800) 421-3481, 400 Maryland Avenue SW, Washington, DC 20202-1100, or at https://www2.ed.gov/about/offices/list/ocr./docs/howto.html. The EEOC can be contacted at (800) 669-4000, https://www.eeoc.gov/employees/howtofile.cfm, info@eeoc.gov, or at 33 Whitehall Street, 5th Floor, New York, NY 10004 or 300 Pearl Street, Suite 450, Buffalo, NY 14202. The DHR can be contacted at (888) 392-3644, www.dhr.ny.gov/complaint, or at 1 Fordham Plaza, Fourth Floor, Bronx, NY 10458.

Nondisclosure agreements

The district may include nondisclosure agreements (to not disclose the underlying facts and circumstances of a sexual harassment complaint) in any sexual harassment settlement agreement or resolution only if it is the complainant’s preference. Any such nondisclosure agreement will be provided in writing to all parties in plain English and, if applicable, in the primary language of the complainant. Complainants have twenty-one days to consider any such nondisclosure provision before it is signed by all parties, and have seven days to revoke the agreement after signing. Nondisclosure agreements only become effective after this seven-day period has passed.

Retaliation Prohibited

Discipline/Penalties

Students: Discipline may range from a reprimand up to and including suspension from school, to be imposed consistent with the student conduct and discipline policy and applicable law.

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

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

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

False Complaints

False or malicious complaints of sexual harassment may result in corrective or disciplinary action taken against the complainant.

Training

All employees will be informed of this policy and regulation in employee handbooks, on the district website and other appropriate materials. A poster summarizing the policy will also be posted in a prominent location at each school. The district will provide all existing employees with either a paper or electronic copy of the district's sexual harassment policy and regulation, and will provide the same to new employees before the employee starts their job. These materials will be provided in English and in an employee’s primary language, for those languages for which the NYS Department of Labor has provided a translated template policy.

All students will be informed of the basic provisions of this policy and regulation (e.g., that sexual harassment of employees and “non-employees” is prohibited, as well as what is appropriate and inappropriate behavior) in student handbooks, on the district website and student registration materials. In addition, age-appropriate curricular materials will be made available so that it can be incorporated in instruction K-12 to ensure that all students are educated on appropriate and inappropriate behavior.

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

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

Principals in each school and program directors are responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures established for investigation and resolution of complaints, general issues surrounding sexual harassment, the rights and responsibilities of students and employees, and the impact of sexual harassment on the target.

HPCSD BOE Policy 0110.2: SEXUAL HARASSMENT of EMPLOYEES

The Board of Education recognizes that harassment of employees (including all staff, applicants for employment, both paid and unpaid interns, exempt and non-exempt status, part-time, seasonal, and temporary workers, regardless of immigration status) and certain “non-employees” (which includes contractors, subcontractors, vendors, consultant and other persons providing services pursuant to a contract, or their employees) on the basis of sex, sexual orientation, and/or gender identity and expression is abusive and illegal behavior that harms targets and negatively impacts the school culture by creating an environment of fear, distrust, intimidation and intolerance. The Board further recognizes that preventing and remedying such harassment in the workplace is essential to ensure a healthy, nondiscriminatory environment in which employees and “non-employees” can work productively.

Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. For purposes of this policy, sexual harassment includes harassment on the basis of perceived or self-identified sex, sexual orientation, gender identity and expression, and transgender status.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual's sex, sexual orientation, gender identity and expression, and transgender status, when:

submission to that conduct is made either explicitly or implicitly a term or condition of an individual's employment;
submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment; or
the conduct has the purpose or effect of unreasonably interfering with an employee's or “non-employee’s” work or creating an intimidating, hostile or offensive work environment, even if the complaining individual is not the intended target of the sexual harassment;

The Board is committed to providing a working environment that promotes respect, dignity and equality and that is free from all forms of sexual harassment. To this end, the Board condemns and strictly prohibits all forms of sexual harassment on school grounds, school buses and at all school-sponsored activities, programs and events, including those that take place at locations outside the district, or outside the work setting if the harassment impacts the individual’s employment in a way that violates their legal rights, including when employees and “non-employees” travel on district business, or when harassment is done by electronic means (including on social media). For employees, sexual harassment is considered a form of employee misconduct. Sanctions will be enforced against all those who engage in sexual harassment or retaliation, and against supervisory and managerial personnel who knowingly allow such behavior to continue.

Under various state and federal laws, students, employees and “non-employees” have legal protections against sexual harassment in the school environment as described above. Those laws are listed in the references section. Additionally, local laws (e.g., county, city, town, village) may apply to the district. The district’s Code of Conduct also addresses appropriate behavior in the school environment. Sexual harassment can occur between persons of all ages and genders.

In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets of sexual harassment and persons with knowledge of sexual harassment report the harassment immediately. The district will promptly investigate all complaints of sexual harassment, either formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner. Limited disclosure may be necessary to complete a thorough investigation. If the complainant reports that they feel unsafe at work due to the nature of the complaint, the district will determine if accommodations need to be made until the issue is resolved.

If, after appropriate investigation, the district finds that a person has violated this policy, prompt corrective action will be taken in accordance with the applicable collective bargaining agreement, contract, district policy and state law. Individual nondisclosure agreements may only be used as permitted by law, described in the accompanying regulation.

All complainants and those who participate in sexual harassment complaints or the investigation of a complaint of sexual harassment have the right to be free from retaliation of any kind, when they do so with a good faith belief that sexual harassment has occurred. Such prohibited retaliation can include, but is not limited to, discipline, discrimination, demotion, denial of privileges, or any action that would keep a person from coming forward to make or support a sexual harassment claim. Such actions need not be job-related, or occur in the workplace, to constitute unlawful retaliation.

This policy, or a simplified version, will be posted in a prominent place in each district facility, on the district’s website, and shall also be published in employee handbooks, and other appropriate school publications.

Ref:

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

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

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

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

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

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

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

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

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

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

Cross Ref: 0110.2-E, 0110.2-R

HPCSD BOE POLICY 0115: Student Harassment & Bullying Prevention & Intervention

The Board recognizes that discrimination, such as harassment, hazing and bullying, are detrimental to student learning and achievement. These behaviors disrupt the operation of the schools and interfere with the mission of the district to educate its students. Such behavior affects not only the students who are its targets but also those individuals who participate and witness such acts.

To this end, the Board condemns and strictly prohibits all forms of discrimination, such as harassment, hazing and bullying on school grounds, school buses and at all school-sponsored activities, programs and events.

Discrimination, harassment, hazing or bullying that takes place at locations outside of school grounds, such as cyber bullying, which can be reasonably expected to materially and substantially interfere with the requirements of appropriate discipline in the operation of the school or impinge on the rights of other students are prohibited, and may be subject to disciplinary consequences.

Definitions

Bullying: Bullying, under the amended Dignity for All Students Act, has the same meaning as harassment (see below), is understood to be a hostile activity which harms or induces fear through the threat of further aggression and/or creates terror. In order to facilitate implementation of this policy, provide meaningful guidance and prevent behaviors from rising to a violation of law, this policy will use the term bullying (which is usually subsumed under the term “harassment”) to describe a range of misbehaviors such as harassment, hazing, intimidation or discrimination. The accompanying regulation provides more guidance regarding the definition and characteristics of bullying.

Cyber Bullying: Cyber bullying is defined as harassment (see below) through any form of electronic communication.

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

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

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

race	ethnic group	sex
color	religion	sexual orientation
weight	religious practice	gender (including gender identity and expression)
national origin	disability

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

If the harassment is of a sexual nature, policy/regulation 0110/0110-R provides additional information and clarification of the district’s responsibilities in this area.

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

Prevention: The school setting provides an opportunity to teach children, and emphasize among staff, that cooperation with and respect for others is a key district value. A program geared to prevention is designed to not only decrease incidents of bullying but to help students build more supportive relationships with one another by integrating the bullying prevention program into classroom instruction. Staff members and students will be sensitized, through district-wide professional development and instruction, to the warning signs of bullying, as well as to their responsibility to become actively involved in the prevention of bullying before overt acts occur.

Curricular material that raises awareness and sensitivity to discrimination or harassment and civility in the relationships of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, sexes or gender expression or identities will be included in the instructional program K-12.

In order to implement this program the Board will designate at its annual organizational meeting a building level Dignity Act Coordinator (DAC). The role of the DAC is to coordinate and enforce this policy.

Intervention: Intervention by adults and bystanders is an important step in preventing escalation and resolving issues at the earliest stages. Intervention will emphasize education and skill-building.

Successful intervention may involve remediation. Remedial responses to bullying and harassment include measures designed to correct the problem behavior, prevent another occurrence of the behavior and protect the target. Remediation may be targeted to the individual(s) involved in the bullying behavior or environmental approaches which are targeted to the school or district as a whole.

In addition, intervention will focus upon the safety of the target. Staff is expected, when aware of bullying, to either refer the student to designated resources for assistance, or to intervene in accordance with this policy and regulation.

Provisions for students who do not feel safe at school: The Board acknowledges that, notwithstanding actions taken by district staff, intervention may require a specific coordinated approach if the child does not feel safe at school. Students who do not feel safe at school are limited in their capacity to learn and reach their academic potential. Staff, when aware of bullying, should determine if accommodations are needed in order to help ensure the safety of the student and bring this to the attention of the building principal. The building principal, other appropriate staff, the student and the student’s parent will work together to define and implement any needed accommodations.

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

Training: The Board recognizes that in order to implement an effective bullying prevention and intervention program, professional development is needed. The Superintendent, the DAC and the District Professional Development Team will incorporate training to support this program in new teacher orientation and the annual professional development plan, as needed. Training opportunities will be provided for all staff, including but not limited to bus drivers, cafeteria and hall monitors and all staff who have contact with students. The DAC will be trained in accordance with state requirements and will continue their professional development so as to successfully support this policy and program.

Reporting and Investigation: Although it can be difficult to step forward, the district can’t effectively address bullying if incidents are not reported. Students who have been bullied, parents whose children have been bullied or other students or staff who observe bullying behavior are encouraged and expected to make a verbal and/or written complaint to any school personnel in accordance with the training and guidelines provided. At all times, complaints will be documented, tracked and handled in accordance with the regulations and procedures accompanying this policy and the district’s Code of Conduct. If a staff person is unsure of the reporting procedure, they are expected to inquire about how to proceed by speaking with their supervisor. Incidents will be included in the Violent and Disruptive Incident Reporting (VADIR) system when applicable.

There will be a duty for all school personnel to report any incidents of student-to-student and staff-to-student bullying that they observe to their building principal or other administrator who supervises their employment. In addition, there will be a further duty for all school personnel to report any incidents of student-to-student and staff-to-student bullying of which they are made aware by students to their building principals or other administrator who supervises their employment. Supervisors will refer the information to appropriate district staff for investigation as designated in regulation. A district employee may be deemed to have permitted unlawful discrimination or harassment if he/she fails to report an observed incident, whether or not the target complains.

The results of the investigation will be reported back to both the target and the accused in accordance with the accompanying regulation. If either of the parties disagrees with the results of the investigation, they can appeal the findings in accordance with the regulations that accompany this policy.

Disciplinary Consequences/Remediation: While the focus of this policy is on prevention, bullying acts may still occur. In these cases, offenders will be given the clear message that their actions are wrong and the behavior must improve. Student offenders will receive in-school guidance in making positive choices in their relationships with others. If appropriate, disciplinary action will be taken by the administration in accordance with the district’s Code of Conduct, as applicable. If the behavior rises to the level of criminal activity, law enforcement will be contacted.

Consequences for a student who commits an act of bullying will be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors, and must be consistent with the district’s Code of Conduct.

Non-Retaliation: All complainants and those who participate in the investigation of a complaint in conformity with state law and district policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.

Dissemination, Monitoring, Review, and Reporting: This policy, or a plain language summary, will be published in student, parent and employee handbooks, and posted on the district’s website. The district will ensure that the process of reporting bullying is clearly explained.

Each year, as part of the annual review of the Code of Conduct, this policy will be reviewed to assess its effectiveness and compliance with state and federal law. If changes are needed, revisions will be recommended to the Board for its consideration. The district will ensure that reporting of information to the public will be in a manner that complies with student privacy rights under the Family Educational Rights and Privacy Act (FERPA).

References

0100, Equal Opportunity and Nondiscrimination

0110, Sexual Harassment

4321, Programs for Students with Disabilities Under Program IDEA and Article 89

5300, Code of Conduct

5710. Violent and Disruptive Incident Reporting

9700, Professional Learning and Staff Development

Dignity for All Students Act, Education Law, §10 – 18

Americans with Disabilities Act, 42 U.S.C. §12101 et seq

Title VI, Civil Rights Act of 1964, 42 U.S.C. §20000d et seq.

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

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

§504, Rehabilitation Act of 1973, 29 U.S.C. §794

Individuals with Disabilities Education Law, 20 U.S.C §§1400 et seq.

Executive Law §290 et seq. (New York State Human Rights Law)

Education Law §§313(3), 3201, 3201-a

Tinker v. DesMoines Independent Community School Dist., 393 US 503, (1969)

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

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

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

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

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

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

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

HPCSD BOE POLICY 0115-E: Student Bullying and Harassment Complaint Form - Exhibit

The purpose of this form is to inform the district of an incident or series of incidents of bullying or harassment, so we can investigate and take appropriate steps.

The district prohibits bullying and harassment of students on the basis of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, and gender identity or gender expression.

If the student feels unsafe at school, fill out this form, and we urge you to speak directly with the Building Principal or Assistant Principal/DASA Coordinator or Designees soon as possible so we can address your concerns.

Student Name: _______________________________ Student ID: ___________________

Grade: _____________ School: _______________________________________________

Contact information: ____________________________________________________________

1. List the name(s) of the individual(s) accused of bullying and/or harassment (use additional sheets if necessary).

___________________________________ _____________________________________

2. Describe the incident(s). Please include when and where it happened. Please use additional sheets of paper if necessary and attach any relevant documents or evidence.

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. I believe the harassment is based on my (check all that apply):

___ race ___ ethnic group ___ sex

___ color ___ religion ___ sexual orientation

___ weight ___ religious practice ___ gender identity or expression

___ national origin ___ disability ___ other: _____________________

4. Is the harassment continuing? ____ Yes ____ No

5. Please list the name (if known) of anyone who witnessed the incident or may have information related to your complaint.

____________________________________ ____________________________________

The following question is optional, but may help the district's investigation.

6. Have you previously complained about or provided information (verbal or written) about bullying, harassment or discrimination or related incidents to the district? ____ Yes ____ No

If yes, when and to whom did you complain or provide information?

7. If you have retained legal counsel and would like us to work with them, please provide their contact information.

______________________________________________________________________________

I certify that all statements on this form are accurate and true to the best of my knowledge.

____________________________________ ____________________________________

Name Relationship to student

____________________________________ ____________________________________

Signature Date

Preferred contact method (please circle one): phone, email, mail, in person

Please attach any supporting documentation (i.e., copies of emails, notes, photos, etc.).

Return this form to: The Building Principal or Assistant Principal/DASA Coordinator or Designee.

Note on confidentiality:

In order to investigate the complaint, the district will only disclose the content of the complaint to those persons who have a need to know. This form will not be shown to the accused student(s)/staff.

BoardDocs is intended for the use of subscribers and licensed customers. All users are required to read and follow the acceptable use policy.

HPCSD BOE Policy 0115-R: Student Harassment & Bullying Prevention and Intervention - Regulation

Definitions:

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

1. Power imbalance - occurs when a bully uses his/her physical or social power over a target.
2. Intent to harm - the bully seeks to inflict physical or emotional harm and/or takes pleasure in this activity.
3. Threat of further aggression - the bully and the target believe the bullying will continue.
4. Terror - when any bullying increases, it becomes a “systematic violence or harassment used to intimidate and maintain dominance.” (Barbara Coloroso, The Bully, The Bullied & The Bystander, 2003)

There are at least three kinds of bullying: verbal, physical and social/relational.

Verbal bullying (which can be delivered orally, electronically or in writing) includes name calling, insulting remarks, verbal teasing, frightening phone calls, violent threats, extortion, taunting, gossip, spreading rumors, racist slurs, threatening electronic communications (“cyber bullying”), anonymous notes, etc.
Physical bullying includes poking, slapping, hitting, tripping or causing a fall, choking, kicking, punching, biting, pinching, scratching, spitting, twisting arms or legs, damaging clothes and personal property, or threatening gestures.
Social or relational bullying includes excluding someone from a group, isolating, shunning, spreading rumors or gossiping, arranging public humiliation, undermining relationships, teasing about clothing, looks, giving dirty looks, aggressive stares, etc.

The New York State Education Department provides further guidance on bullying and cyber bullying prevention on the following website: http://www.p12.nysed.gov/technology/internet_safety/documents/cyberbullying.html

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

race	ethnic group	sex
color	religion	sexual orientation
weight	religious practice	gender (including gender identity and expression)
national origin	disability

Gender identity is one’s self-conception as being male or female, as distinguished from actual biological sex or sex assigned at birth. Gender expression is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyles, activities, voice or mannerisms. For purposes of this definition, the term “threats, intimidation or abuse” with include verbal and non-verbal actions.

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

Following the principles and practices of “Educating the Whole Child, Engaging the Whole School: Guidelines and Resources for Social and Emotional Development and Learning (SEDL) in New York State – Adopted by the Board of Regents July 18, 2011.”

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

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

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

Reporting and Investigation: In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets and persons with knowledge of bullying report such behavior immediately to the Dignity Act Coordinator as soon as possible after the incident so that it may be effectively investigated and resolved.

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

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

If, after appropriate investigation, the district finds that a student, an employee or a third party has violated this policy, prompt corrective and possibly disciplinary action will be taken in accordance with the code of conduct, applicable collective bargaining agreement, district policy and state law. If the reported behavior constitutes a civil rights violation, the complaint procedure associated with that policy will be followed, as applicable. If either of the parties disagrees with the findings of the initial investigation, an appeal may be made to the Superintendent in accordance with the process described below.

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

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

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

Investigation and Resolution Procedure

A. Initial (Building-level) Procedure

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

Reviewing any written documentation provided by the target(s).
Conducting separate interviews of the target(s), alleged perpetrator(s), and witnesses, if any, and documenting the conversations.
Providing the alleged perpetrator(s) a chance to respond and notify him/her that if objectionable behavior has occurred, it must cease immediately. The individual will be made aware of remediation opportunities as well as potential disciplinary consequences.
Determining whether the complainant needs accommodations to ensure their safety, and will follow up periodically until the complaint has been resolved.
Accommodations will be made at the discretion of the building principal or Dignity Act Coordinator.

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

Parents of student targets and accused students should be notified within one school day of allegations that are serious or involve repeated conduct. Where appropriate, informal methods may be used to resolve the complaint, including but not limited to:

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

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

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

If a complaint contains evidence or allegations of serious or extreme bullying, or a civil rights violation, the complaint will be referred promptly to the Superintendent. The complainant will also be advised of other avenues to pursue their complaint, including contact information for state and federal authorities. In addition, where the Dignity Act Coordinator has a reasonable suspicion that the alleged bullying incident involves criminal activity, they should immediately notify the Superintendent, who will then contact the school attorney, appropriate child protection and, if appropriate, law enforcement authorities.

Any party who is not satisfied with the outcome of the initial investigation may request a district-level investigation by submitting a written complaint to the Superintendent within 30 days.

B. District-level Procedure

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

The district level investigation should begin as soon as possible following receipt of the complaint by the Superintendent or Board President. In conducting the formal district level investigation, the district will endeavor to use individuals who have received formal training regarding such investigations or that have previous experience investigating such complaints.

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

No later than 30 days following receipt of the complaint, the Superintendent (or in cases involving the Superintendent, the Board-appointed investigator) will notify the target and alleged perpetrator, in writing, of the outcome of the investigation. If additional time is needed to complete the investigation or take appropriate action, the Superintendent or Board-appointed investigator will provide all parties with a written status report within 30 days following receipt of the complaint. Any party who is not satisfied with the outcome of the district-level investigation may appeal to the Board of Education by submitting a written request to the Board President within 30 days.

C. Board-level Procedure

When a request for review by the Board of Education has been made in writing, the District Compliance Officer or their designee willsubmit all written statements and other materials concerning the case to the President of the Board. The Board will notify all parties concerned of the date when a review of documents will be held. All parties may submit any written materials in support of their case to the Board of Education. Such review will be held within 30 school days of the receipt of the request of the complainant. The Board President will render the Board's decision in writing within 30 school days after the review has been concluded.

The district will retain documentation associated with complaints and investigations in accordance with Schedule LGS- 01.

Retaliation Prohibited

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

Remediation/Discipline/Penalties

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

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

Environmental remediation may include, but is not limited to:

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

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

Students: Discipline may range from a reprimand up to and including suspension from school, to be imposed consistent with the Code of Conduct and applicable law.
Employees: Discipline may range from a warning up to and including termination, to be imposed consistent with all applicable contractual and statutory rights.
Volunteers: Penalties may range from a warning up to and including loss of volunteer assignment.
Vendors: Penalties may range from a warning up to and including loss of district business.
Other individuals: Penalties may range from a warning up to and including denial of future access to school property.

Policy Dissemination

All students and employees will be informed of this policy in secondary school handbooks, in hard copy at the elementary school level, and via the district website.
All employees with receive information about this policy and regulation at least once a year. A hard copy of this policy willbe available upon request at each school building and the district office.

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

Training

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

HPCSD BOE POLICY 1530: Smoking & Other Tobacco Use on School Premises

Due to the health hazards associated with smoking, and in accordance with federal and state law, the Board of Education prohibits smoking or other tobacco use by anyone in all school district buildings, on school grounds, and in any vehicle used to transport children or personnel. Smoking or tobacco use is also prohibited within 100 feet of all school entrances, exits and outdoor areas, except where that is a residence or residential property. The Board also prohibits the use of e-cigarettes in these locations.

The District's smoking policy shall be prominently posted in each building, at designated outdoor locations on school premises (e.g. athletic fields) and in all district vehicles. The Board designates the Superintendent of Schools or his/her designee as agent responsible for informing individuals smoking or using tobacco unlawfully that they are in violation of Article 13-E of the Public Health Law and/or Section 409 of the Education Law, and/or the federal Pro-Children Acts of 1994 and 2001. Persons using e-cigarettes in violation of this policy will be asked to stop or leave school property.

Ref:

Education Law §§409(2); 3020-a(4)

Public Health Law Article 13-E

Public Health Law §§206; 340; 347

The Pro-Children Act of 2001, 20 U.S.C. §§7181 et seq.

The Pro-Children Act of 1994, 20 U.S.C. §§6081 et seq.

HPCSD BOE POLICY 2160: SCHOOL DISTRICT OFFICER AND EMPLOYEE CODE OF ETHICS

The Board of Education is committed to avoiding any situation in which the existence of conflicting interests of any officer or employee may call into question the integrity of the management or operation of the school district. The Board recognizes that sound, ethical standards of conduct serve to increase the effectiveness of district officers and staff as educators and public employees in the community. Adherence to a code of ethics promotes public confidence in the schools and furthers the attainment of district goals.

The Board also recognizes its obligation to adopt a code of ethics setting forth the standards of conduct required of all district officers and employees under the provisions of the General Municipal Law. Therefore, every officer and employee of the district, whether paid or unpaid, shall adhere to the following code of conduct:

Definitions

1. "Officer or Employee" means an officer or employee of the district, whether paid or unpaid, including members of the Board of Education, and their professional or nonprofessional staff and appointees.

2. "Interest" means a pecuniary or material benefit accruing to a municipal officer or employee unless the context otherwise requires.

Standards of Conduct

1. Gifts: An officer or employee shall not directly or indirectly solicit any gift or accept or receive any gift having a value not to exceed $75, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. However, the Board welcomes and encourages the writing of letters or notes expressing gratitude or appreciation to staff members. Gifts from children that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.

2. Confidential information: An officer or employee shall not disclose confidential information acquired by him or her in the course of his or her official duties or use such information to further his or her personal interest.

3. Representation before the Board or District: An officer or employee shall not receive or enter into any agreement, expressed or implied, for compensation for services to be rendered in relation to any matter before the school district.

4. Disclosure of interest in matters before the Board: A member of the Board of Education and any officer or employee of the district, whether paid or unpaid, must publicly disclose the nature and extent of any interest they or their spouse have, will have or later acquire in any actual or proposed contract, purchase agreement, lease agreement or other agreement involving the school district (including oral agreements), to the governing body and his/her immediate supervisor (where applicable) even if it is not a prohibited interest under applicable law. Such disclosure must be in writing and made part of the official record of the school district. Disclosure is not required in the case of an interest that is exempted under Section 803(2) of the General Municipal Law. The term “interest” means a pecuniary or material benefit accruing to an officer or employee. Exceptions to the conflict of interest law can be found in Section 802 of the General Municipal Law.

5 Investments in conflict with official duties: An officer or employee shall not invest or hold any investment directly in any financial, business, commercial or other private transaction that creates a conflict with his or her official duties. Exceptions to the conflict of interest law can be found in Section 802 of the General Municipal Law.

6. Private employment: An officer or employee shall not engage in, solicit, negotiate for or promise to accept private employment when that employment or service creates a conflict with or impairs the proper discharge of his or her official duties.

7. Future employment: An officer or employee shall not, after the termination of service or employment with the district, appear before the Board in relation to any action, proceeding, or application in which he or she personally participated during the period of his or her service or employment or that was under his or her active consideration.

8. It is the responsibility of the district to ensure that the focus of students while in the classroom and other instructional settings is upon learning within the parameters of the curriculum. To that end, employees, while in the classroom or other instructional settings, shall restrict their comments to the curriculum and shall not express, through words, buttons, placards, signs or any other form, statements or messages which are not related to the curriculum being instructed or to associated job tasks.

Distribution of Code of Ethics

The Superintendent of Schools shall cause a copy of this Code of Ethics to be distributed to every member of the Board, every officer and employee of the school district. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his or her office or employment. In addition, the Superintendent shall ensure that a copy of Article 18 of the General Municipal Law shall be kept posted in each public building under the district's jurisdiction in a place conspicuous to the district's officers and employees.

Penalties

In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of the Board's code of ethics and its accompanying regulation may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.

Ref: General Municipal Law §§806, -807, -808

HPCSD BOE POLICY 4526: ACCEPTABLE USE OF TECHNOLOGY

The District furnishes technology and provides access to the Internet (technology) to students, staff members and guests, in order to enhance learning and support communication. The District also requires that every staff member sign an Acceptable User of Technology Policy form located on the website annually. The District, at its discretion, may require contractors, vendors, consultants and other users to sign the Acceptable User of Technology Policy form. Access to District technology is a revocable privilege, and not a right. Use of District technology is monitored by the District and there is no expectation of privacy.

All users of the district’s computer network and the Internet must understand that use is a necessity in a digital learning environment and this use entails personal responsibility. The district reserves the right to control access to the Internet for all users of its computers and network. The district may control certain kinds of online activity, access to specific websites, social media, other online resources and bandwidth usage.

Regulations and handbooks, to be developed by the Superintendent or their designee, in consultation with the district’s Technology Committee will provide specific guidance, as well as rules governing the use and security of the District's computer network. All users of the District’s computer network and equipment shall comply with this policy and regulation. Failure to comply may result in disciplinary action, which may include but is not limited to, revocation of computer access privileges, suspension, or termination.

With increased concern about identity theft, it is very important for the district to protect the Personally Identifiable Information (PII) and privacy of our students. (Note that the district email address is not considered PII.) Thus, for any resource that requires an ID or permissions to the users’ resources, prior to use of any cloud-based educational resource not already approved by the district, staff (or students via staff) must get approval from the Director of Technology. The Director will determine if a formal contract is required or if the terms of service are sufficient to address privacy and security requirements, and if parental permission is needed.

The Superintendent or their designee, working in conjunction with the designated purchasing agent for the district, and the Director of Technology, will be responsible for the purchase and distribution of computer software and hardware throughout district schools. They shall prepare and submit for the Board's approval a comprehensive multi‑year technology plan which shall be revised as necessary to reflect changing technology and/or district needs.

Cross-ref:

5300, Code of Conduct

HPCSD BOE POLICY 4526-R: ACCEPTABLE USE OF TECHNOLOGY - REGULATION

I. Administration

The Superintendent of Schools shall designate the Technology Services Department to oversee the district's computer network.
The Technology Services Department shall monitor and examine all network activities, as appropriate, to ensure proper use of the system.
The Technology Services Department shall be responsible for disseminating and interpreting district policy and regulations governing use of the district's network at the building level with all network users.
The Technology Services Department shall provide employee training for proper use of the network and will ensure that staff supervising students using the district's network provide similar training to their students, including providing copies of district policy and regulations governing use of the district's network.
The Technology Services Department shall ensure that all removable media and software loaded onto the computer network have been scanned for computer viruses.
The Technology Services Department will review staff requests to use ‘cloud-based’ educational software/applications to ensure that Personally Identifiable Information (PII) is protected in accordance with district standards prior to student use.
All student agreements to abide by district policy and regulations and parental consent forms shall be kept on file in their building main office.

II. Internet Access

Students will be provided internet access while on school grounds.
Students will be provided with individual access accounts.
Students will have individual e-mail address.
Students may have internet access primarily for educational purposes.
Student Internet access may be restricted depending on the grade level.

III. Acceptable Use and Conduct

Access to the district's computer network is provided for educational purposes and research consistent with the district's mission and goals.
Use of the district’s computer network is a privilege, not a right. Inappropriate use may result in the suspension or revocation of that privilege.
Each individual in whose name an access account is issued is responsible at all times for its proper use.
All network users will be issued a login name and password.
Only those network users with written permission from the principal or the Technology Services Department may access the district's intra-network from off‑site (e.g., from home).
All network users are expected to abide by the generally accepted rules of network etiquette. This includes being polite and using only appropriate language. Abusive or sexual language or images, vulgarities and swear words are all inappropriate.
Network users identifying a security problem on the district's network must notify the appropriate teacher, administrator or the Technology Services Department . Under no circumstance should the user demonstrate the problem to anyone other than to the district official or employee being notified.
Any network user identified as a security risk or having a history of violations of district computer use guidelines may be denied access to the district's network.

IV. Prohibited Activity and Uses

The following is a list of prohibited activity concerning use of the district's computer network. Violation of any of these prohibitions may result in discipline or other appropriate penalty, including suspension or revocation of a user's access to the network, financial restitution if appropriate, commencement of legal proceedings as appropriate. For staff members, disciplinary action in accordance with law and any applicable collectively negotiated agreement, up to and including termination of employment. For students, disciplinary action in accordance with law and the District’s Code of Conduct.

Using the network for commercial activity, including advertising.
Infringing on any copyrights or other intellectual property rights, including copying, installing, receiving, transmitting or making available any illegally obtained copyrighted software on the district computer network.
Using the network to receive, transmit or make available to others obscene, offensive, or sexually explicit material.
Using the network to transmit or make available to others messages that are racist, sexist, abusive or harassing to others.
Using another user's account or password.
Attempting to read, delete, copy or modify the electronic mail (e-mail) or other system users and deliberately interfering with the ability of other system users to send and/or receive e-mail.
Forging or attempting to forge e-mail messages.
Engaging in vandalism. Vandalism is defined as any malicious attempt to harm or destroy district equipment or materials, data of another user of the district's network or of any of the entities or other networks that are connected to the internet. This includes, but is not limited to, creating and/or placing a computer virus o the network.
Using the network to send anonymous messages or files.
Using the network to transmit or make available to others a message that is inconsistent with the district’s Code of Conduct.
Revealing the personal address, telephone number or other personal information of oneself or another person.
Using the network for sending and/or receiving personal messages.
Intentionally disrupting network traffic or crashing the network and connected systems.
Installing personal software or using personal removable media on the district’s computers and/or network without the permission of the appropriate district official or employee.
Using district computing resources for commercial or financial gain or fraud.
Stealing data, equipment or intellectual property.
Seeking to gain unauthorized access to any files, resources, computer or phone systems.
Using the network while access privileges are suspended or revoked.
Using the network in a fashion inconsistent with directions from administration.

V. No Privacy Guarantee

Students using the district’s computer network should not expect, nor does the district guarantee privacy for electronic mail (e-mail) or any use of the district’s computer network. The district reserves the right to access and view any material stored on district equipment or any material used in conjunction with the district’s computer network.

VI. Sanctions

All users of the district’s computer network and equipment are required to comply with the district’s policy and regulations governing the district’s computer network. Failure to comply with the policy or regulation may result in disciplinary action as well as suspension and/or revocation of computer access privileges.

In addition, illegal activities are strictly prohibited. Any information pertaining to or implicating illegal activity will be reported to the proper authorities. Transmission of any material in violation of any federal, state and/or local law or regulation is prohibited. This includes, but is not limited to materials protected by copyright, threatening or obscene material or material protected by trade secret. Users must respect all intellectual and property rights and laws.

VII. District Responsibilities

The district makes no warranties of any kind, either expressed or implied, for the access being provided. Further, the district assumes no responsibility for the quality, availability, accuracy, nature or reliability of the service and/or information provided. Users of the district’s computer network and the Internet use information at their own risk. Each user is responsible for verifying the integrity and authenticity of the information that is used and provided.

The district will not be responsible for any damages suffered by any user, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or the errors or omissions of any user. The district also will not be responsible for unauthorized financial obligations resulting from the use of or access to the district’s computer network or the Internet.

Further, even though the district may use technical or manual means to regulate access and information, these methods do not provide a foolproof means of enforcing the provisions of the district policy and regulation.

HPCSD BOE Policy 4526.2: Electronic Publishing (District Web Page)

Electronic publishing and dissemination of information such as the Hyde Park Central School District Web Site is an integral component of the district's information technology resources. This capability allows the school district to showcase events, activities and accomplishments of school district personnel and students to the world through the Internet. The District Web Site acts both to facilitate communication between the district and the community it serves and as a tool to link Internet resources with classroom education.

Web Master
The Hyde Park School District Web Site will include current and accurate information about the District and individual buildings. This information will include events, accomplishments, procedures and statistics as well as other information the Superintendent or Building Principal designates. To ensure currency and equitable representation of each building and the District overall, the Board of Education will appoint annually, upon recommendation from the Superintendent, an adequate and representative number of Web Master positions. Stipends for such appointments will be a contractual negotiation. The Web Master is responsible for the accuracy, appropriateness and conformance to copyright laws of the Web pages he or she manages. Material that is published on or developed with district resources is the intellectual property of the school district. All web pages associated with the Hyde Park Central School District will provide a mechanism for contacting the Web Master who manages the page. The Web Master will ensure that links to Web pages off the District site are clearly identified as such. Links from District pages will only be made or maintained to pages that conform to district policies governing information technology resources.

Permission
In the sections below, permission refers to the permission of a minor student's parent or guardian and the permission of the student if the student is at least 18 years old. A parent or guardian of a minor student or an adult student may also request that no information that personally identifies the student be published electronically for public access. Such a request must be made in writing to the Principal of the building where the student attends school.
Student:

The first name and last initial of a minor student of the district may be used on a district web page or other electronic publishing provided the name cannot be associated with an image of the minor on any web page.
A picture of a minor student of the district, alone or in a group, may be used on a district web page provided that the image of the minor in the picture cannot be associated with the student's name on any web page.
Student generated material such as artwork or writing may be used on a district web page as long as the appropriate permission is secured prior to publishing. The guidelines for publishing a student's name and picture must be followed in identifying student work.
Provided that prior permission is secured, it is permissible to publish electronically the full name or derivative thereof of a student alone or in conjunction with an image of the student for the purpose of recognizing achievement or office. Other information that is generally publicly available such as sports statistics and awards may be published on district web page.

Employee:

The first name or title (Mr., Ms., Dr., etc.) and last name, image and/or district supplied email address of any adult employee of the district may be used on a district web page. An adult employee may request that a personal email address be published on a district web page.

Non-employee:

The first name or title (Mr., Ms., Dr., etc.) and last name and/or image of any adult that is not an employee of the district may be used on a district web page to publish or promote district activities provided the adult does not prohibit such use. A reasonable attempt to notify adults whose name or image will be published will be made.

Non-Hyde Park Central School District student:

Publishing information about minors who are not students will be governed by the same rules as for publishing information about minor students with the addition that a reasonable attempt to notify the parents or guardians of such minors will be made.

No student information other than that identified in this policy is to be published or otherwise disclosed electronically.

Student Publishing

Students and staff are encouraged to engage in electronic publishing to augment and enhance the education experience of the Hyde Park Central School District. Any such publishing that is or purports to be part of an approved program of the Hyde Park Central School District, whether curricular or extracurricular, is subject to district policies. Web pages so constructed may be linked to from the district web site provided the links are clearly identified as leaving the district site and the site being linked to has been evaluated for conformance to district policies.

Interactive / Dynamic Electronic Publishing

At times, electronic publishing may be interactive or dynamic. Examples of this capability include electronic bulletin boards and private chat rooms. The free form of this communication medium makes it closer to a conversation that traditional print publication. Such electronic communication is permitted on a web site associated with the district provided that contributors can be restricted to district students and staff, each contribution can be attributed to a specific individual, the contributions are monitored at least daily by the owner of the site and inappropriate contributions are removed. Contributions to such electronic conversations are governed by district policies including those related to conduct.

HPCSD BOE Policy 5300.75: Code of Conduct - Dissemination and Review

A. Dissemination of Code of Conduct

The Board will work to ensure that the community is aware of this code of conduct by:

Providing copies of an age-appropriate, written in plain language, summary of the code to all students at an assembly to be held at the beginning of each school year.
Providing a plain language summary to all parents at the beginning of the school year, and thereafter on request.
Posting the complete code of conduct on the district’s website.
Providing all current teachers and other staff members with a copy of the code and a copy of any amendments to the code as soon as practicable after adoption.
Providing all new employees with a copy of the current code of conduct when they are first hired.
Making copies of the complete code available for review by students, parents and other community members.

The Board will sponsor an in-service education program for all district staff members to ensure the effective implementation of the code of conduct and other trainings to contribute to its success as needed. The Superintendent may solicit the recommendations of the district staff, particularly teachers and administrators, regarding in-service programs pertaining to the management and discipline of students. On-going professional development will be included in the district’s professional development plan, as needed.

B. Review of Code of Conduct

The Board will review this code of conduct every year and update it as necessary. In conducting the review, the Board will consider how effective the code's provisions have been and whether the code has been applied fairly and consistently.

The Board may appoint an advisory committee to assist in reviewing the code and the district's response to code of conduct violations. The committee will be made up of representatives of student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.

Before adopting any revisions to the code, the Board will hold at least one public hearing at which school personnel, parents, students and any other interested party may participate. The code of conduct and any amendments to it will be filed with the Commissioner of Education, in a manner prescribed by the Commissioner, no later than 30 days after adoption.

Ref: Education Law §3214

8 NYCRR §100.2(l)

Matter of O’Conner v. Bd. of Ed., 65 Misc. 2d 40, 43 (due process)

Appeal of Reeves, Dec. No. 13,857 (1998) (involuntary transfer)

Appeal of Alexander, 36 EDR 160 (1996) (counseling)

Matter of Troy R., 29 EDR 424 (1990) (automatic penalties)

Appeal of Ward, 27 EDR 217 (1988) (indefinite suspension)

Appeal of Wood, 27 EDR 92 (1987) (suspension beyond school year)

Matter of Clark, 21 EDR 542 (1982) (extracurricular activities)

Matter of Caskey, 21 EDR 138 (1981) (reduction in grade)

Matter of MacWhinnie, 20 EDR 145 (1980) (reduction in grade)

Matter of Labriola, 20 EDR 74 (1980) (excessive penalty)

Matter of Roach, 19 EDR 377 (1980) (transportation; contingent suspensions)

Matter of Caulfield, 18 EDR 574 (1979) (suspension from classes)

Matter of Wright, 18 EDR 432 (1978) (formal due process)

Matter of Macheski, 13 EDR 112 (1973) (suspension by a principal)

Matter of DeVore, 11 EDR 296 (1972) (insufficient basis for discipline)

Matter of Port, 9 EDR 107 (1970) (informal due process)

8 NYCRR §100.2(l)(3)

Rules of the Board of Regents §19.5

Safford Unified School District #1 et al. v. Redding, 129 S. Ct. 2633 (2009)

Vassallo v. Lando, 591 F.Supp.2d 172 (E.D.N.Y. (2008)

Phaneuf v. Fraikin 448 F.3^rd 591 (2006)

New Jersey v. TLO, 469 U.S. 325 (1985)

In re Gregory, 82 N.Y.2d 588 (1993)

People v. Scott D., 34 N.Y.2d 483 (1974)

People v. Singletary, 37 N.Y.2d 310 (1975))

People v. Overton, 20 N.Y.2d 360 (1969)

M.M. v. Anker, 607 F.2d 588 (2d Cir. 1979)

Opinion of Counsel, 1 EDR 800 (1959)

Education Law §§1708; 2801

HPCSD BOE Policy 5460: Child Abuse, Maltreatment or Neglect in a Domestic Setting

The Board of Education recognizes that because of their sustained contact with school-aged children, employees are in an excellent position to identify abused, maltreated or neglected children and refer them for treatment and protection. The Board further recognizes the specific dictates of law which require school officials to report suspected instances of child abuse, maltreatment in a domestic setting.

The purpose of mandatory reporting is to identify suspected abused and maltreated children as soon as possible, so that such children determined to be abused or maltreated can be protected from further harm and, where appropriate, can be offered services to assist him or her and his or her family.

School officials who have reasonable cause to know or suspect that a child has been subjected to abuse or maltreatment, will report this to the New York State Central Register for Child Abuse and Maltreatment (Central Register), as required by law. No conditions may be imposed

· Teacher

· Guidance counselor

· Psychologist

· Nurse

· Social Worker

· Full or part-time paid athletic coach

· Administrator

· Any school personnel required to hold a teaching or administrative license or certificate.

The school official will also report the matter to the Building Principal.

The report shall be made by telephone or by telephone facsimile machine on a form supplied by the Commissioner of Social Services. A written report shall be made within forty-eight hours to the appropriate local child protective service, and to the statewide Central Register

School employees who are not school officials, as defined above, but who have reasonable cause to know or suspect that a child has been subjected to abuse or maltreatment are encouraged to report to the Central Register. However, the school employee must report the matter to the Building Principal. If the matter has not yet been reported to the Central Register, the Building Principal shall make the report, in accordance with state law. In being required to file such report, the Building Principal does not have discretion.

School officials may not contact the child's family or any other person to determine the cause of the suspected abuse or maltreatment. It is not the responsibility of the school official or employee to prove that the child has been abused or maltreated.

Any school official or employee who has cause to suspect that the death of any child is a result of child abuse or maltreatment must report that fact to the appropriate medical examiner or coroner.

In accordance with the law, any school official who fails to report an instance of suspected child abuse or maltreatment may be guilty of a Class A misdemeanor and may be held liable for the damages caused by the failure to report. The law grants immunity to persons who, in good faith, report instances of child abuse from any liability.

School employees will not be subject to retaliatory action, as defined in state law, as a result of making a report when they reasonably suspect that a child has been abused or maltreated.

The Board recognizes that knowingly reporting a false claim of child abuse is a violation of state law and this policy acknowledges that it is a crime to do so. The district will make every reasonable effort to ensure the integrity of the district’s child abuse reporting process and procedure.

School District Relationship with Local Social Service District

The school district will cooperate to the extent possible with authorized child protective services workers in investigations of alleged child abuse. The Superintendent, or his or her designee, will represent the district when collaborating with local social service agencies to address instances of abuse or maltreatment, and in the development of policy and procedures regarding abuse or maltreatment (including educational neglect). In addition, the Superintendent will share a copy of the district’s attendance policy, 5100, with the local social service district.

The school district shall maintain an ongoing training program which will address the identification and reporting of child abuse and maltreatment, including the legal implications of reporting and not reporting. Attendance at sessions of this training program shall be required of all school officials. Attendance records shall be kept, and notations will be made in personnel files as to the dates of attendance.

The Superintendent shall develop, with input from appropriate personnel, a plan for implementation of such a training program, to be approved by the Board. In addition, the policy and regulations will be included in all employee handbooks and distributed annually to all school officials who are not covered under existing handbooks. The Superintendent will prepare and implement all regulations as are necessary to accomplish the intent of this policy.

Cross-ref:

Attendance, 5100

Ref:

Child Protective Services Act of 1973, Social Services Law §§411 et seq.

Social Services Law §34-a

Family Court Act §1012

Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, 45 CFR §99.36

Education Law §§3209-a, 3036

Penal Law 240.50

Adopted:

March 24, 2011

February 26, 2015

Reviewed/Revised:

October 2, 2014

January 14, 2015

HPCSD BOE Policy 5460-R: CHILD ABUSE, MALTREATMENT OR NEGLECT IN A DOMESTIC SETTING REGULATION

New York State Law (Child Protective Service Act of 1973, as amended) provides for reporting of suspected cases of child abuse by school officials. These regulations are designed to implement this law within the district and to help protect students from the harmful effects of child abuse.

Definitions

The definition of child abuse and maltreatment is established by law.

Abused Child, according to Social Services Law and the Family Court Act, is a child less than 18 years of age whose parent or other person legally responsible for his or her care:

a. inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ; or

b. creates or allows to be created a substantial risk of physical injury to such a child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ; or

c. commits, or allows to be committed, a sex offense against such child, as defined in the penal law, provided, however, that the corroboration requirements contained therein shall not apply to proceedings under this article.

Neglected or maltreated child, according to the Family Court Act, is a child less than 18 years of age:

whose physical, mental, or emotional condition has been impaired or is in danger of becoming impaired as a result of the failure of his or her parents or other person legally responsible for his care to exercise a minimum degree of care:

in supplying the child with adequate food, clothing, shelter, or education in accordance with provisions of Part One, Article 65 of the Education Law, or medical, dental, optometrical or surgical care though financially able to do so or offered financial or other reasonable means to do so; or

In order for a report of educational neglect to be accepted, three elements need to be established:

a. Excessive absence from school by the child

b. Reasonable cause to suspect that the parent is aware or should have been aware of the excessive absenteeism and the parent has contributed to the problem or is failing to take steps to effectively address the problem, and;

c. Reasonable cause to suspect educational impairment or harm to the child or imminent danger of such impairment or harm.

(2) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; or by using a drug or drugs; or by using alcoholic beverages to the extent that he/she loses self-control of his/her actions; or by any other acts of a similarly serious nature requiring the aid of the court; or

b. who has been abandoned by his/her parent(s) or other person legally responsible for his/her care.

Person legally responsible includes the child's custodian, guardian, or any other person responsible for the child's care at the relevant time. Custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or neglect of the child.

Impairment of emotional health and impairment of mental or emotional condition includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggressive or self-destructive impulses, ability to think and reason, or acting out of misbehavior, including incorrigibility, ungovernability, or habitual truancy; provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the parent, guardian, or custodian to exercise a minimum degree of care toward the child.

Reporting procedures and related information:

1. All school officials must, when they have reasonable cause to suspect that a child is abused or maltreated, report it to the New York State Central Register for Child Abuse and Maltreatment (800-342 3720).

Personnel have the right to request that information which would identify the individual making the report be withheld if furnishing such data might prove detrimental to the safety or interest of that individual.

2. In the event that a school employee, who is not required to report under the law (such as a bus driver, custodian, cafeteria monitor, etc.), has reasonable cause to suspect that a child is abused or neglected, he/she is encouraged to make a report to the Central Register. The employee must, by district policy, report the matter to the Building Principal.

3. The school official must also report the matter to Tthe Building Principal who will determine if any additional steps need to be taken by the school district (for instance, contacting the school physician, social worker or other support services).

4. If the Building Principal is informed of a case of suspected child abuse or maltreatment that has not yet been reported to the Central Register, the Building Principal is required to:

(a) phone the New York State Central Register for Child Abuse and Maltreatment (800-342 3720) and inform them verbally of the problem; or

(b) contact the above agency by telephone facsimile machine on a form supplied by the Commissioner of Social Services; and

(c) file a written report with the local child protective services agency and the Central Register within forty-eight hours after the above report; and,

(d) determine if additional steps need to be taken by the school district, as outlined in step 2 above.

5. The Building Principal may take color photographs or cause photographs to be taken of the areas of visible trauma on the child, and/or, if medically indicated, cause an examination to be performed. Such actions may be performed at public expense if they will provide appropriate documentation when filing the report. Photographic equipment shall be kept at the school and be available for this purpose.

6 The written report that must be filed shall include all information which the Commissioner of Social Services may require.

7. If it should be necessary for Child Protective Services to interview a child at school to ascertain whether he/she has been abused or maltreated, or to obtain documentation of such acts, the interview should be conducted in the presence of a school official, unless circumstances require otherwise. The school official shall examine and verify the credentials of Child Protective Services worker(s) before allowing such worker(s) to either interview the child or to examine the child's records.

If sexual abuse is indicated, the presence of a same-sex staff member during the interview is appropriate.

8. The Building Principal shall request a summary report of an the investigation of a case referred to Child Protective Services so the district can take appropriate next steps.

9. The district shall maintain an ongoing training program which will address identification and reporting of child abuse and maltreatment. Attendance at sessions of this training program shall be required of all school officials.

10. Employee handbooks shall include a copy of these regulations and the related Board policy concerning child abuse and reporting requirements.

11. Only one report of any suspected abuse is required.

12. School personnel who, in good faith, make a report or take photographs of injuries and bruises have immunity from any liability, civil or criminal. The good faith of any person required to report cases of child abuse or maltreatment is presumed.

13 School personnel who have reasonable cause to suspect that a child has died as a result of child abuse or maltreatment shall report that fact to the appropriate medical examiner or coroner.

14 Any person required to report suspected cases of child abuse or maltreatment and who fails to do so may be found guilty of a class A misdemeanor and may be held civilly liable for the damages caused by this failure.

15. Any school employee who fails to comply with this policy is subject to discipline in accordance with collective bargaining agreements and/or policy.

Adopted:

March 24, 2011

February 26, 2015

Reviewed/Revised:

October 2, 2014

January 14, 2015

10/12/17 Reviewed - No changes

HPCSD BOE Policy 6830: Expense Reimbursement

School district employees, officials and members of the Board of Education will be reimbursed for reasonable out-of-pocket expenses incurred while traveling for school related activities.

Only expenses necessary to the purpose of the travel will be reimbursable. Approved payments, including the mileage rate, will be made in accordance with a schedule of allowable expenses adopted annually by the Board. Transportation costs such as taxi cabs are allowable only for essential transportation. Travel expenses will not be paid for home-to-school or school-to-home trips on regular daily assignments.

When traveling from home, an employee's out of district travel expenses will be reimbursed at the allowable mileage rate approved by the Board of Education for the lesser distance traveled from either the employee’s home to the event, or from the employee’s assigned building location to the event. Employees traveling together on district business are expected to share transportation, and where feasible and appropriate, room facilities. Tax exemption certificates will be issued and utilized as appropriate.

The Superintendent of Schools, or designee, will determine, whether attendance by district staff at any conference or professional meeting is in the best interest of the district and eligible for reimbursement of expenses under this policy.

To obtain reimbursement, the claimant must complete and sign an expense voucher, attach all original itemized receipts or other expense documentation, including mileage verification documentation, together with a copy of the approved conference attendance request form and evaluation report (if required), and submit the same to the appropriate administrator. No employee will be reimbursed for the expenses of another employee. Reimbursement will be paid only to the District employee who incurs the expense, and will only be made after such claim has been audited and allowed.

Receipts are not required for meal expense reimbursement. Any exceptions to the per diem reimbursement amounts must be submitted to the Business Official for Board approval.

Meal expenses will be reimbursed at the Board approved per diem rates as per chart in 6830-R

Reference

Education Law §§1604(27); 1709(30); 1804; 2118; 3023; 3028

General Municipal Law §77-b

Cross-Ref

Policy 6830-R, Expense Reimbursement Regulation

HPCSD BOE Policy 6830-R: Expense Reimbursement Regulation

The District will reimburse district employees, officials and members of the Board of Education for reasonable, actual and necessary out-of-pocket expenses incurred while traveling for school-related business upon receipt of a completed voucher with original itemized receipts along with approved attendance form. The following rules will guide the reimbursement of school-related travel expenses:

Transportation

Travel will be by the most economical method, whether by private automobile, school vehicle or common carrier such as bus, train or plane. If travel is by private automobile, mileage will be reimbursed at the level approved by the Internal Revenue Service for business travel. Parking and tolls will also be reimbursed, but gasoline will not.

Rental car expenses will be reimbursed only if authorized in advance. Receipts must be attached.

Air travel is only allowed when determined by the Board President (for members of the Board and the Superintendent) or the Superintendent, or designee, (for all others) to be in the District’s best interest. Air travel will be reimbursed at the lowest feasible fare available and will not exceed regular coach class fare. Travel arrangements should be made as soon as reasonably practicable so as to avoid payment of a higher fare due to a late booking. Reimbursement for extra baggage taken during air travel must be approved by the Superintendent or designee.

Lodging

Persons traveling on District-related business are expected to secure the most reasonable rate for necessary hotel accommodations. The district will reimburse for actual lodging fees up to the maximum lodging fee set by the federal government for that location.

When the rate is pre-determined by the organization sponsoring the event, the traveler will secure a room rate at no more than the pre-determined rate notwithstanding what the federal travel reimbursement rate is. Hotel accommodations at a rate other than the most reasonable rate or a pre-determined rate described above will be reimbursed only if approved by the Board President (for members of the Board and the Superintendent) and the Superintendent, or designee, (for all others) prior to the stay.

Meals

Meal expenses will be reimbursed at the Board approved per diem rates as follows: Receipts are not required for meal expense reimbursement. Requests for exceptions to the per diem reimbursement amounts must be submitted to the Business Official for Board approval.

1 Day, no overnight travel	$ 20.00
2 Days, including days of travel	$ 80.00
3 Days, including days of travel	$140.00
4 Days, including days of travel	$200.00
5 Days, including days of travel	$260.00
6 Days, including days of travel	$320.00
More than 6 days, including days of travel	$320.00 + $60.00 for each day beyond 6 days

Personal Expenses

The District does not reimburse persons traveling on district-related business for personal expenses including, but not limited to, pay television, hotel health club facilities, alcoholic beverages, theater and show tickets, and telephone calls and transportation costs unrelated to district business.

Cross-Ref.

6830 Expense Reimbursement

HPCSD BOE Policy 8130.1: Extreme Risk Protection Orders (The %22Red Flag Law%22)

Extreme risk protection orders are court orders that restrict the ability of a person, who is judged likely to engage in conduct that would result in serious physical harm to themselves or others, to purchase or possess firearms, rifles or shotguns, or attempt to do so.

Under state law, Building Principals are permitted to petition the state Supreme Court for extreme risk protection orders for students currently enrolled in their building, or students who were enrolled in their building in the six months immediately before filing the petition (referred to in this policy as “currently-enrolled” and “recently-enrolled” students, respectively).

When district staff members have reason to believe, either personally or through information received by others, that a currently-enrolled or recently-enrolled student is likely to engage in conduct that would result in serious physical harm to themselves or others, they are encouraged to report their concerns to the Building Principal or their designee. This is in keeping with employees’ general responsibility for student safety, as well as their own interests for maintaining a safe working and learning environment.

Any other person, including but not limited to students, parents, and community members, may also bring their concerns to the Building Principal or their designee that a currently-enrolled or recently-enrolled student is likely to engage in conduct that would result in serious physical harm to themselves or others.

If the Building Principal or their designee is absent from the building, the Superintendent of Schools will be the main point of contact to report concerns.

When a Building Principal receives concerns from persons under this policy, or has their own concerns about a student, they must immediately notify the Superintendent of Schools. The Superintendent will contact the school attorney, and both will assist the Building Principal in determining the appropriateness of petitioning the court for an extreme risk protection order.

When determining whether it is appropriate to petition the court for an extreme risk protection order, the district will consider, among other things, the following factors as they relate to the student:

Threats or acts of violence or physical force made against them self or another person;
Violating or allegedly violating orders of protection (i.e., restraining orders);
Pending criminal convictions or charges involving weapons;
Recklessly using, displaying, or brandishing a firearm, rifle or shotgun;
Violating previous extreme risk protection orders;
Evidence of recent or current drug or alcohol abuse; and
Evidence that the student has recently acquired a firearm, rifle, shotgun, other deadly weapon (including but not limited to knives, clubs, and metal knuckles), dangerous instrument (including items capable of causing death or serious physical injury, when used for that purpose), or ammunition.

Additionally, the Building Principal is directed to contact local law enforcement, in accordance with the Code of Conduct, district-wide school safety plan, and building-level emergency response plan.

In consultation with the Superintendent and school district attorney, the Building Principal may designate, in writing, certain other employees at that school to petition the court for the extreme risk protection order. Such employees include: teachers, school guidance counselors, school psychologists, school social workers, school nurse, any other personnel required to hold a teaching or administrative license or certificate, and certain coaches (those who are full- or part-time paid employees required to hold either a temporary coaching license or professional coaching certificate).

Under Education Law section 3023, the district must defend and indemnify employees against lawsuits for negligence, accidental bodily injury or property damage where the employee is performing their duties within the scope of employment.

The Superintendent or their designee is directed to take appropriate steps to notify district staff of the provisions of this policy. This includes ensuring that employees are trained and knowledgeable about when and how to properly utilize the law to best protect the school from violence. Staff will be notified of who is designated to file extreme risk protection orders in the building or district.

Cross-ref:

5300, Code of Conduct

(Policy 8130 Project Save Building Level School Teams, was retired 1/24/2013)

Ref:

Civil Practice Law and Rules Article 63-A

Education Law §3023

HPCSD BOE Policy 8134: Emergency Closings

The Superintendent of Schools may close the schools or dismiss students/staff early when hazardous weather or other emergencies threaten the health or safety of students and personnel. The Superintendent may delegate this authority to another staff member in the event of his/her absence. Such action is never to be taken lightly, for public education is one of the principal functions of the community and should be maintained at a normal level except in extreme circumstances.

Schools will not be closed merely to avoid inconvenience. While it may be prudent, under certain circumstances, to excuse all students from attending school, to delay the opening hour, or to dismiss students early, the Superintendent has the responsibility to ensure that administrative, supervisory, and operational activity is continued to the extent possible. School closing and delayed starting times will be announced over local radio stations and our emergency broadcast system. If no report is heard, it can be assumed the schools are in session, and are opening on time.

In making the decision to close schools, the Superintendent may consider many factors, including the following, which relate to the safety and health of children:

weather conditions, both existing and predicted;
driving, traffic, and parking conditions affecting public and private transportation facilities;
actual occurrence or imminent possibility of any emergency condition that would make the operation of schools difficult or dangerous; and
inability of teaching personnel to report for duty, which might result in inadequate supervision of students.

Among the other factors the Superintendent may consider are advice from traffic and weather authorities, Building Principals, and school officials.

Students, parents, and staff will be informed early in each school year of the procedures that will be used to notify them in case of emergency closing.

Cross-reference

4112, School Day,

8800, Energy Management,

HPCSD BOE Policy 8414.5: Alcohol and Drug Testing Of Drivers

The Board of Education recognizes the dangers inherent in alcohol and controlled substance use by employees especially those in safety-sensitive positions. To ensure the safety of its students and to comply with federal regulations, the Board requires alcohol and controlled substance testing of school bus drivers and other covered certain district employees, mainly “drivers.”

A “driver” is defined as any person who operates a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.

The district shall directly, by contract, or through a consortium, implement and conduct a program to provide alcohol and controlled substance testing of employees who operate a commercial motor vehicle, perform in a safety-sensitive position, and are required to hold a commercial driver’s license. Such employees include:

1. drivers of buses vehicles designed to transport 16 or more passengers, including the driver;

2. drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or

3. any other employee who may drive or service a listed vehicle (e.g. a mechanic who performs test drives, repairs, inspects, or loads or unloads a listed vehicle).

Controlled substance and alcohol tests will be conducted at the time of employment and randomly throughout the school year. In addition, testing will be conducted when a supervisor has a reasonable suspicion that an employee has engaged in prohibited alcohol or controlled substance use; after certain accidents; prior to return to duty when the employee has been found to violate district policy and federal regulations; and after the employee’s return to duty.

In accordance with federal and state law, a bus driver will not be permitted to drive if he or she:

1. possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;

2. uses or is under the influence of alcohol or a controlled substance within six hours or less before duty;

3. has an alcohol concentration of 0.02 or higher, or tests positive for a controlled substance; or

4. refuses to take a required alcohol or controlled substance test.

Also, no driver shall use alcohol after being involved in an accident in which there was a fatality or in which the bus driver was cited for a moving violation and a vehicle was towed from the scene or an injury was treated away from the scene until he/she has been tested or 8 hours have passed, whichever occurs first.

Any employee who is tested and found to have an alcohol concentration of at least 0.02, but less than 0.04, shall be removed from the position until his or her next regularly scheduled duty period, but not less than 24 hours following administration of the test. Any employee found to have violated this requirement may be disciplined in accordance with the provisions of the applicable collective bargaining agreement, district policy, and/or law.

If a driver has an alcohol concentration of 0.04 or greater, or has engaged in prohibited alcohol or controlled substance use, he or she will be removed from driving duties, and referred to a substance abuse professional. The employee may be required to complete a treatment program and/or be disciplined pursuant to district policy and/or collective bargaining agreement. No driver who has abused controlled substances and/or alcohol may return to duty unless he/she has successfully passed a required return to duty test. Thereafter, the driver will be subject to follow-up testing.

Should the district receive a dilute test result in which the creatinine concentration is greater than 5mg/dL in the case of any pre-employment, return-to-duty, follow-up, reasonable suspicion, or random test, it is the policy of the district that the individual shall be re-tested and that re-test will become the test of record.

The Superintendent of Schools shall ensure that a copy of this policy, the district’s policy on misuse of alcohol and use of controlled substances, information on alcohol and drug abuse and treatment resources and any other information prescribed by federal regulations is provided to all school bus drivers and other appropriate personnel prior to the initiation of the testing program and to each driver subsequently hired or transferred to a position subject to testing.

Cross-ref: 8414.1, Bus Driver Qualifications and Training

9320, Drug-Free Workplace

9610, Staff Substance Abuse

Ref: Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. §§31136; 31306

49 U.S.C. §521(b)

49 CFR Part 391 (Qualifications/Disqualifications)

49 CFR Part 382 (Drug Testing Requirements)

49 CFR Part 40 (Testing Procedures)

49 CFR §395.2 (On-duty time defined)

Vehicle and Traffic Law §§509-1; 1192; 1193

Will v. Frontier CSD Bd. of Educ., 97 N.Y.2d 690 (2002)

Revised:

March 2014

Adoption date

July 27, 1995

April 24, 2014

Regulation

HPCSD BOE Policy 8414.5-R: Alcohol and Drug Testing of Employees in Safety-Sensitive Positions Regulation

Any employee who operates a commercial motor vehicle and is in a safety-sensitive function shall be subject to alcohol and controlled substance testing. An employee having any questions concerning the district's policy or regulation, state law or the federal regulations shall contact the . Human Resource Department.

Any treatment, rehabilitation program or discipline will be provided in accordance with district policy and/or collective bargaining agreements.

I. Covered Employees

Covered employees include district employees who operate a commercial motor vehicle, perform in a safety-sensitive position, and are required to obtain a commercial driver's license. Such employees include:

drivers of vehicles designed to transport 16 or more passengers, including the driver;
drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or
any other employee who may drive or service a listed vehicle (e.g., a mechanic who performs test drives, repairs, inspects or loads or unloads a listed vehicle).

Such employees include, but are not limited to full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed or under lease to an employer or who operate a commercial motor vehicle at the direction or with the consent of the district.

Drivers will be removed from their safety-sensitive functions if they violate the district's policy or federal regulations pertaining to the possession or consumption of alcohol or controlled substances. A driver is performing a safety-sensitive function when:

waiting to be dispatched, unless the driver has been relieved from duty;
inspecting, servicing or conditioning any commercial motor vehicle;
driving a commercial motor vehicle;
attending a vehicle being loaded or unloaded;
performing the driver requirements of the federal regulations pertaining to accidents;
attending to a disabled vehicle; and

Covered employees are required to be in compliance with district policy and regulation:

when performing any on-duty safety-sensitive functions, including all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility; and
during all time spent providing a breath sample, saliva sample or urine specimen and travel time to and from the collection site in order to comply with random, reasonable suspicion, post-accident, return-to-duty or follow-up testing.

II. Prohibitions and Consequences

The Supervisor of Transportation or his/her designee shall prohibit an employee from driving a listed vehicle or performing other safety-sensitive duties if the employee:

possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;
has consumed or is under the influence of alcohol or a controlled substance within six hours before duty;
has an alcohol concentration of 0.02 or higher, or tests positive for controlled substances; or
refuses to take a required alcohol or controlled substance test. Refusal to submit shall mean the failure to provide adequate breath or urine without a valid medical explanation or to engage in conduct that clearly obstructs the testing process, such as a failure to arrive for the drug testing or failure to sign the alcohol testing form prior to specimen collection.

An employee is prohibited from consuming alcohol within eight hours after being involved in an accident, or before undergoing a post-accident test, if such a test is required. Illegal drug use by drivers is prohibited on or off duty.

Any employee who tests 0.02 or greater but less than 0.04 will be removed from driving and other safety-sensitive duties until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test.

In the event that an employee has a breath alcohol concentration of 0.04 or greater, has tested positive for a controlled substance or has refused to take a test, he or she will, in addition to immediate removal from driving and any other safety-related duties, not be returned to duty until, he or she:

has been evaluated by a substance abuse professional;
has complied with any treatment recommendations; and
has received a satisfactory result from a return to duty test.

Upon return to duty, the employee will be subject to follow-up testing.

III. Types of Testing

The Superintendent of Schools and the Director of Transportation shall ensure that the following alcohol and drug tests are implemented and that any employee who is required to take an alcohol or controlled substance test shall be notified prior to the test that it is required pursuant to federal regulations or, in the case of pre-employment alcohol testing, district policy.

Pre-employment: Controlled substance and alcohol tests will be conducted before applicants are hired or after an offer to hire, but before actually performing safety-sensitive functions for the first time. These tests will also be given when employees transfer to a safety-sensitive function.
Post-accident: Alcohol and controlled substance tests will be conducted if a driver is involved in an accident in which:

there has been a fatality; OR
the driver has received a citation for a moving violation in connection with the accident AND EITHER

there is an injury treated away from the scene of the accident; or
there is a disabled vehicle towed from the scene.

Reasonable Suspicion: Alcohol and controlled substance tests will be conducted if the Transportation Supervisor or other school official who has completed the minimum two hours of training has a reasonable suspicion that the driver has violated district policy and regulation. A "reasonable suspicion" must be based on specific, contemporaneous, articulable observations concerning the driver's behavior, appearance, speech or body odors that are characteristic of controlled substance or alcohol misuse. Alcohol tests can only be done just before, during or just after the employee drives a listed vehicle or performs other safety-sensitive duties. The supervisor who makes the determination of reasonable suspicion cannot do the testing.
Random Testing: Random alcohol tests shall be conducted annually at a minimum rate of 25 percent of the average number of positions subject to such testing pursuant to federal regulation. Random alcohol tests must be conducted just before, during or just after the employee drives a listed vehicle or performs other safety-sensitive duties. Random controlled substance tests shall be conducted annually at a minimum rate of 50 percent of the average number of positions subject to such testing pursuant to federal regulation. Random controlled substance tests may be conducted at any time. Random alcohol and controlled substance tests must be unannounced and spread reasonably throughout the calendar year.
Return-to-Duty Testing: An employee who refused to take a test or has engaged in prohibited alcohol and controlled substance use, except for alcohol concentration of between 0.02 and 0.04, shall be required to take an alcohol or controlled substance test and achieve a satisfactory result before returning to duty in the safety-sensitive position. If removal was due to alcohol use, a satisfactory result will be less than 0.02 alcohol concentration. If removal was due to controlled substance use, a satisfactory result will be one that it is verified as negative. The test will not be administered until the employee has been evaluated by a substance abuse professional and has complied with any treatment recommendations.
Follow-Up Testing: After an employee who was found to violate the district's policy against alcohol and controlled substance use returns to duty, he or she will be subject to at least six unannounced tests in the first 12 months following the employee's return to duty. Follow-up testing may be extended for up to 60 months from the date of the employee's return to duty. Follow-up alcohol testing may only be conducted before, during or after the driver has performed his or her driving duties.

IV. Testing Procedures

A. Alcohol Testing Procedures

Alcohol testing will be conducted with evidential breath testing (EBT) devices approved by the National Highway Traffic Safety Administration. An approved non-evidential screening device may be used to perform screening tests but not for confirmation alcohol tests. The employee and the Breath Alcohol Technician conducting the test must complete the alcohol testing form to ensure that the results are properly recorded.

Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a "negative" test.
If the alcohol concentration is 0.02 or greater, a second or confirmation test must be conducted. The confirmation test must be conducted using an EBT that prints out the results, date and time, a sequential test number, and the name and serial number of the EBT to ensure the reliability of the results.
If the confirmation test results indicate an alcohol concentration from 0.02 to 0.03999, the employee will be restricted from duty for at least 24 hours from the time of the test.
If the confirmation test results indicate an alcohol concentration equal to or greater than 0.04, the employee will be removed from all safety- sensitive duties and no return to duty will be permitted until the employee has successfully passed required return-to-duty tests. The employee must also be reviewed by a Substance Abuse Professional and comply with his/her recommendations. Follow-up tests will also be required.
For post-accident testing, the results of breath or blood tests conducted by law enforcement officials will be accepted as long as the testing conforms with federal and state requirements for alcohol testing and the results are made available to the district.

All testing procedures will conform to the requirements outlined in federal regulations (49 CFR Part 40) for ensuring the accuracy, reliability and confidentiality of test results. These procedures include training and proficiency requirements for Breath Alcohol Technicians, quality assurance plans for the EBT devices including calibration, requirements for suitable test location, and protection of employee test records.

B. Drug Testing Procedures

The employee must provide a urine specimen which will be analyzed at a laboratory certified and monitored by the U.S. Dept. of Health and Human Services.

Regulations require that each urine specimen be divided into one "primary" specimen and one "split" specimen.
All urine specimens are analyzed for the following drugs:
1. Marijuana (THC metabolite)
2. Cocaine
3. Amphetamines
4. Opioids (includes heroin, codeine, morphine, hydrocodone, hydromorphone, oxycodone, and oxymorphone)
5. Phencyclidine (PCP)
If the primary specimen confirms the presence of one or more of these drugs, the employee has 72 hours to request that the split specimen be sent to another certified lab for analysis. [Note: The employee must be removed from driving duties at this time--pursuant to federal regulations, the driver's removal cannot await the result of split sample.]
If the screening test has a drug-positive result, a confirmation test will then be performed for each identified drug using gas chromatography/mass spectrometry (GC/MS) analysis.
All drug test results will be reviewed and interpreted by a physician (also called a Medical Review Officer) before they are reported to the district.
If the laboratory reports a positive result to the Medical Review Officer (MRO), the MRO shall interview the employee to determine if there is an alternative medical explanation for the drugs found in the employee's urine specimen. If the employee provides appropriate documentation and the MRO determines that it is legitimate medical use of a prohibited drug, the drug test result is reported as negative.
If the MRO reports a positive drug result, the employee must be evaluated by a Substance Abuse Professional and follow his/her recommendations prior to taking a return-to-duty test. Follow-up testing is also required.
For post-accident testing, the results of urine tests conducted by law enforcement officials will be accepted as long as the testing conforms with federal and state requirements for controlled substance testing and the results are made available to the district.

All controlled substance testing shall comply with the requirements of the federal regulations (49 CFR Part 40) including procedures for the proper identification, security and custody of the sample, use of certified laboratories, gas chromatography/mass spectrometry analysis testing, assurance that all drug test results are reviewed and interpreted by a physician, and ensuring confidentiality of employee test records.

V. Dilute Specimen Testing

If the district receives a drug test result which is negative but dilute and the creatinine concentration is greater than 5mg/dl, the district shall require a re-test to be conducted in each of the following cases:

• Pre-employment tests

• Return-to-duty tests

• Follow-up tests

• Reasonable suspicion tests

• Random tests

The result of the re-test shall become the test of record. If the employee refuses to take the re-test it will be considered the same as a positive test result.

VI. Training

The Supervisor of Transportation and every other person designated to determine whether reasonable suspicion exists to require an employee to undergo reasonable suspicion testing must receive at least one hour of training on alcohol misuse and at least one additional hour of training on controlled substance use which they will use in making their determinations.

VII. Recordkeeping and Reporting

The Transportation Supervisor shall ensure that alcohol and drug testing records are maintained and are available, if requested, for submission to the federal government or any State or local officials with regulatory authority over the employer or any of its drivers.

VIII. Required Notification

Every affected employee shall receive information about the signs, symptoms, and effects of alcohol misuse and controlled substance use as well as a copy of the district's policy and procedures, the consequences of testing positive and who to contact within the district to seek further information and/or assistance.

Each covered employee is required to sign a statement certifying that he/she has received this information. The district shall maintain the original signed certification until the employee's employment is discontinued. The district will provide a copy of the certification to the covered employee upon request.

IX. . Penalties

Any employer or driver who violates the requirements of the federal regulations of the Omnibus Transportation Employee Testing Act of 1991 may be subject to civil penalties.

In addition, in accordance with New York State law, a driver convicted of driving a listed vehicle with one or more student passengers while impaired by the use of drugs or alcohol will have his/her license revoked for one year and is subject to fines ranging from $500 to $5,000 and/or imprisonment. Any driver convicted more than once in ten years for such crimes will have his/her license revoked for three years and is subject to a fine of $1,000 to $5,000 and/or imprisonment.

Adoption date

April 24, 2014

Revised

March 17, 2014

HPCSD BOE Policy 8421: School-Owned Vehicles

HPCSD BOE Policy 8635 - INFORMATION AND DATA PRIVACY, SECURITY, BREACH AND NOTIFICATION

The Board adopts the National Institute for Standards and Technology Cybersecurity Framework (NIST CSF) for data security and protection. The Deputy Superintendent as Data Privacy Officer is responsible for ensuring the district’s systems follow NIST CSF and adopt technologies, safeguards and practices which align with it. This will include an assessment of the district’s current cybersecurity state, their target future cybersecurity state, opportunities for improvement, progress toward the target state, and communication about cyber security risk.

The Board will designate a Data Protection Officer to be responsible for the implementation of the policies and procedures required in Education Law §2-d and its accompanying regulations, and to serve as the point of contact for data security and privacy district. This appointment will be made at the annual organizational meeting

The Board directs the Superintendent of Schools, in accordance with appropriate business and technology personnel, and the Data Protection Officer to establish regulations which address:

the protections of “personally identifiable information” of student and teachers/principal under Education Law §2-d and Part 121 of the Commissioner of Education;
the protections of “private information” under State Technology Law §208 and the NY SHIELD Act; and
procedures to notify persons affected by breaches or unauthorized access of protected information.

I. Student and Teacher/Principal “Personally Identifiable Information” under Education Law §2-d

A. General Provisions

PII as applied to student data is as defined in Family Educational Rights and Privacy Act (Policy 5500), which includes certain types of information that could identify a student, and is listed in the accompanying regulation 8635-R. PII as applied to teacher and principal data, means results of Annual Professional Performance Reviews that identify the individual teachers and principals, which are confidential under Education Law §§3012-c and 3012-d, except where required to be disclosed under state law and regulations.

The Data Protection Officer will see that every use and disclosure of personally identifiable information (PII) by the district benefits students and the district (e.g., improve academic achievement, empower parents and students with information, and/or advance efficient and effective school operations). However, PII will not be included in public reports or other documents.

The district will protect the confidentiality of student and teacher/principal PII while stored or transferred using industry standard safeguards and best practices, such as encryption, firewalls, and passwords. The district will monitor its data systems, develop incident response plans, limit access to PII to district employees and third-party contractors who need such access to fulfill their professional responsibilities or contractual obligations, and destroy PII when it is no longer needed.

Certain federal laws and regulations provide additional rights regarding confidentiality of and access to student records, as well as permitted disclosures without consent, which are addressed in policy and regulation 5500, Student Records.

Under no circumstances will the district sell PII. It will not disclose PII for any marketing or commercial purpose, facilitate its use or disclosure by any other party for any marketing or commercial purpose, or permit another party to do so. Further, the district will take steps to minimize the collection, processing, and transmission of PII.

Except as required by law or in the case of enrollment data, the district will not report the following student data to the State Education Department:

juvenile delinquency records;
criminal records;
medical and health records; and
student biometric information.

The district has created and adopted a Parent’s Bill of Rights for Data Privacy and Security (see Exhibit 8635-E). It has been published on the district’s website at hpcsd.org and can be requested from the district clerk.

B. Third-party Contractors

The district will ensure that contracts with third-party contractors reflect that confidentiality of any student and/or teacher or principal PII be maintained in accordance with federal and state law and the district's data security and privacy policy.

Each third-party contractor that will receive student data or teacher or principal data must:

adopt technologies, safeguards and practices that align with the NIST CSF;
comply with the district’s data security and privacy policy and applicable laws impacting the district;
limit internal access to PII to only those employees or sub-contractors that need access to provide the contracted services;
not use the PII for any purpose not explicitly authorized in its contract;
not disclose any PII to any other party without the prior written consent of the parent or eligible student (i.e., students who are eighteen years old or older):
1. except for authorized representatives of the third-party contractor to the extent they are carrying out the contract; or
2. unless required by statute or court order and the third party contractor provides notice of disclosure to the district, unless expressly prohibited.
maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of PII in its custody;
use encryption to protect PII in its custody; and
not sell, use, or disclose PII for any marketing or commercial purpose, facilitate its use or disclosure by others for marketing or commercial purpose, or permit another party to do so. Third party contractors may release PII to subcontractors engaged to perform the contractor’s obligations, but such subcontractors must abide by data protection obligations of state and federal law, and the contract with the district.

If the third-party contractor has a breach or unauthorized release of PII, it will promptly notify the district in the most expedient way possible without unreasonable delay but no more than seven calendar days after the breach’s discovery.

C. Third-Party Contractors’ Data Security and Privacy Plan

The district will ensure that contracts with all third-party contractors include the third-party contractor’s data security and privacy plan. This plan must be accepted by the district.

At a minimum, each plan will:

outline how all state, federal, and local data security and privacy contract requirements over the life of the contract will be met, consistent with this policy;
specify the safeguards and practices it has in place to protect PII;
demonstrate that it complies with the requirements of Section 121.3(c) of this Part;
specify how those who have access to student and/or teacher or principal data receive or will receive training on the federal and state laws governing confidentiality of such data prior to receiving access;
specify if the third-party contractor will utilize sub-contractors and how it will manage those relationships and contracts to ensure personally identifiable information is protected;
specify how the third-party contractor will manage data security and privacy incidents that implicate personally identifiable information including specifying any plans to identify breaches and unauthorized disclosures, and to promptly notify the district;
describe if, how and when data will be returned to the district, transitioned to a successor contractor, at the district’s direction, deleted or destroyed by the third-party contractor when the contract is terminated or expires.

D. Training

The district will provide annual training on data privacy and security awareness to all employees who have access to student and teacher/principal PII.

E. Reporting

Any breach of the district’s information storage or computerized data which compromises the security, confidentiality, or integrity of student or teacher/principal PII maintained by the district will be promptly reported to the Data Protection Officer, the Superintendent and the Board of Education.

F. Notifications

The Data Privacy Officer will report every discovery or report of a breach or unauthorized release of student, teacher or principal PII to the State’s Chief Privacy Officer without unreasonable delay, but no more than 10 calendar days after such discovery.

The district will notify affected parents, eligible students, teachers and/or principals in the most expedient way possible and without unreasonable delay, but no more than 60 calendar days after the discovery of a breach or unauthorized release or third-party contractor notification.

However, if notification would interfere with an ongoing law enforcement investigation, or cause further disclosure of PII by disclosing an unfixed security vulnerability, the district will notify parents, eligible students, teachers and/or principals within seven calendar days after the security vulnerability has been remedied, or the risk of interference with the law enforcement investigation ends.

The Superintendent or designee, in consultation with the Data Protection Officer, will establish procedures to provide notification of a breach or unauthorized release of student, teacher or principal PII, and establish and communicate to parents, eligible students, and district staff a process for filing complaints about breaches or unauthorized releases of student and teacher/principal PII.

II. “Private Information” under State Technology Law §208

“Private information” is defined in State Technology Law §208, and includes certain types of information, outlined in the accompanying regulation, which would put an individual at risk for identity theft or permit access to private accounts. “Private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation.

Any breach of the district’s information storage or computerized data which compromises the security, confidentiality, or integrity of “private information” maintained by the district must be promptly reported to the Superintendent and the Board of Education.

The Board directs the Superintendent of Schools, in accordance with appropriate business and technology personnel, to establish regulations which:

Identify and/or define the types of private information that is to be kept secure;
Include procedures to identify any breaches of security that result in the release of private information; and
Include procedures to notify persons affected by the security breach as required by law.

III. Employee “Personal Identifying Information” under Labor Law § 203-d

Pursuant to Labor Law §203-d, the district will not communicate employee “personal identifying information” to the general public. This includes:

social security number;
home address or telephone number;
personal email address;
Internet identification name or password;
parent’s surname prior to marriage; and
drivers’ license number.

In addition, the district will protect employee social security numbers in that such numbers will not be:

publicly posted or displayed;
visibly printed on any ID badge, card or time card;
placed in files with unrestricted access; or
used for occupational licensing purposes.

Employees with access to such information will be notified of these prohibitions and their obligations.

Cross-ref:

1120, District Records

4526, Acceptable Use of Technology

5500, Student Records

Ref:

State Technology Law §§201-208

Labor Law §203-d

Education Law §2-d

8 NYCRR Part 121

HPCSD BOE Policy 8650: School District Compliance With Copyright Law

The Board of Education acknowledges that copyright law provides authors with the exclusive right to reproduce their materials in copies, to prepare derivative works from their materials, to distribute copies of their materials, and to perform and distribute the materials publicly. The Superintendent of Schools will develop and submit to the Board for approval, procedures which comply with copyright law to be followed by district personnel.

Cross Ref:

8650-R School District Compliance with Copyright Law - Regulation

Reference

17 U.S.C. ((101; 106; 107; 117; 201(b)

Encyclopedia Britannica Educational Corporation v. Crooks,

542 F.Supp. 1156 (W.D.N.Y.1982), 558 F.Supp. 1247 (1983)

U.S. Const., Art. I,(8, Cl. 8

HPCSD BOE Policy 8650-R: School District Compliance With Copyright Law Regulation

The Board of Education recognizes that the Doctrine of Fair Use covers copyrighted materials used for educational purposes. The fair use of a copyrighted work, including such use by reproduction in copies or by any other means specified by the section, for purposes such as criticism, comment, teaching (including multiple copies for classroom use), scholarship, or research is not an infringement of copyright. If an activity is authorized under fair use, a school may carry out the activity without requesting permission from the holder of the copyright.

Four private guideline agreements exist in conjunction with fair use between the education community and copyright proprietors. These guideline agreements include:

photocopying of printed materials;
photocopying of music;
inter-library arrangements for photocopying ; and
off-air taping of television programs.

The guidelines can be found in H.R. Rep. No. 1476, 94th Cong., 2nd Sess.68,70(1976), H.R. Rep. No. 1733, 94th Cong., 2nd Sess.72(1976), and 127 Cong. Rec. E4751 (daily ed. October 14, 1982).

In determining whether the use made of a work in any particular case is a fair use, the factors to consider will include:

the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.

The Superintendent or their designee to determine, on a case-by-case basis, if the use of a copyrighted material constitutes fair use. Special attention shall be given to matters regarding paid performers, promoters, and organizers of a non-dramatic literary or musical work.

Library use, photocopying of printed materials, copying of music, off-air taping of television programs, and computer software use by school employees will be done in accordance within the fair use standards. However, computer software use is governed by additional provisions. Notwithstanding the other provisions, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner; or
that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful. Any exact copies prepared in accordance with the provisions may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only with the authorization of the copyright owner.

In accordance with fair use standards, additional copies of materials shall not be made which exceed the number required for classroom use. If a teacher believes more copies are needed, they will petition, in writing, the Board-appointed official. The official will set up a procedure to hear appeals when any such request is denied. Any willful violation of copyright law will be subject to disciplinary action.

The district is the holder of the copyright for works made for hire (e.g., materials prepared by an employee within the scope of his or her employment, including instructional texts, tests, answer sheets, etc., and materials specifically commissioned). The district will be considered the author unless there is an agreement that the employee will own the copyright. When the material is created during school hours and/or using school machinery, the district owns the copyright. When a work is specifically commissioned and the author is not an employee of the district, there will be a written agreement providing, among other things, that the commissioned work will be considered a "work made for hire," and that the district shall be considered the author for copyright purposes.

The district will keep accurate records of all materials involving copyright laws.

Reference

17 U.S.C. ((101; 106; 197; 201(b)

Link to Copyright Act of 1976 - H.R. Rep. No. 1476, 94th Cong., 2nd Sess.68,70(1976), H.R. Rep. No. 1733, 94th Cong., 2nd Sess.72(1976), and 127 Cong. Rec. E4751

HPCSD BOE Policy 9320: Drug-Free Workplace

The Board of Education prohibits the manufacture, distribution, dispensation, possession, sale, trade, offer for sale and/or illegal use of any controlled substances by all employees in the workplace. "Workplace" will mean any site on school grounds, at school-sponsored activities, or any place in which an employee is working within the scope of their employment or duties. "Controlled substances" will include all drugs which are banned, illegal or controlled under federal or state law, but may be dispensed under a physician’s prescription.

The Superintendent of Schools or their designee will implement related regulations which outline the requirements of the federal Drug-Free Workplace Act of 1988.

Cross-reference

3230, Organization Charts,

9125.1, Staff Substance Abuse

9311 Support Staff Qualifications

Reference

Drug-Free Workplace Act (DFWA), P.L. 100-690

Controlled Substances Act, 21 USC 812

21 CFR 1300.11-1300.15

34 CFR Part 85 (U.S. Dept. of Ed. Regulations under the DFWA)

Civil Service Law §75

Education Law §3020-a

Patchogue-Medford Congress of Teachers v. Board of Education,

70 NY2d 57 (1987)

HPCSD BOE Policy 9320-R: Drug-Free Workplace Regulation

The Superintendent or their designee will establish a drug-free awareness program to inform employees about: the dangers of drug abuse in the workplace;

the district's policy of maintaining a drug-free workplace;
any available drug counseling, rehabilitation, and employee assistance programs; and
the penalties that may be imposed upon employees for drug abuse violations.

The Superintendent or their designee will publish a statement notifying district employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace (as defined by district policy). Each employee will receive a copy of this statement and the Drug-Free Workplace Act of 1988.

The Superintendent of Schools will certify to any federal agency making a direct grant to the District that the District will provide a drug-free workplace, in accordance with the Drug-Free Workplace Act of 1988. All employees, including those who are working on a federal grant or contract, must sign an acknowledgment form that they have received the policy and regulations and further acknowledge that the workplace must be free of controlled substances.

Each employee, as a condition of employment, including those working on a federal grant, will:

abide by the terms of the statement; and
notify their immediate supervisor, who will notify the Superintendent, of any criminal drug statute conviction for a violation occurring in the workplace within three (3) days of such conviction.
the Superintendent will notify the Board of Education of any such conviction(s), and will notify the granting agency within ten (10) days after receiving notice of such conviction(s) from any source.
within thirty (30) days of such conviction(s), the District will initiate appropriate disciplinary action against any employee so convicted in the manner provided for by law, up to and including dismissal.

The District will make a "good faith effort" to continue to maintain a drug-free workplace through implementation of these regulations.

Cross Ref:

9320 Drug Free Workplace

HPCSD BOE Policy 9511: Employee Assistance Programs/Staff Health

The Board of Education seeks to provide a healthful and safe working environment for the total school community. The Board employs individuals who have physical and mental capacity which will enable such employee to reasonably perform the duties required of the position, and to assure that all employees have a standard of health that will contribute to the safe, healthy and efficient performance of work.

Medical Examinations

The Board requires that all job offers be conditioned upon a satisfactory medical evaluation, and all probationary employees eligible for tenure and employees recommended in writing by his/her supervisor undergo a medical exam by his/her own physician or by the School District's physician. Failure to undergo a required medical exam is grounds for disqualification or dismissal. No employee is to be employed or to work with an illness which may endanger other employees or pupils.

The Board may require subsequent medical examinations of classified employees, including supervisors, at any time during an employee's tenure in the district. Such examination shall be performed by a physician designated by the Board and must result in satisfactory passage for the employee to continue in the employ of the district.

The Board may also require that any classified employee, including supervisors, recommended by the Superintendent for permanent appointments provide the Superintendent with a written statement from a doctor that they are in "good" physical and mental health. The Board shall allow each such employee the choice of a doctor approved by the Board. Should the Board request such an examination, all expenses will be borne by the district. In the event of contradictory medical statements, the Board will take such steps as it deems necessary to make a decision.

When the Board deems it advisable, it may also request proof of satisfactory chest x-ray examination.

No applicant or employee will be discriminated against because of any disability or speculation that such person's future health would be at risk in performing his/her duties. Inability to fulfill the job tasks in a reasonable manner is the only grounds for disqualification or dismissal. However, the district has a duty, which it will fulfill, to reasonably accommodate the employee. Accommodation is not necessary if it will impose undue hardship on the operation of the school. Counsel shall be contacted for assistance when the district has a question regarding "reasonable accommodation."

Drug Tests

The Board may require, as per contract agreements, a drug test for any current employee, or condition an offer of employment on the passage of a drug test by a job offeree, if school officials have a reasonable suspicion that said individual uses illegal substances.

Cross-reference

9230, Professional Staff Recruiting And Hiring,

9311, Support Staff Qualifications,

Adoption date

November 12, 1992