0000 DISTRICT PHILOSOPHY OF EDUCATION
The philosophy of the Scotia-Glenville Central School District Serves as the foundation for all efforts undertaken to achieve its educational goals.
We believe our schools must strive to provide each student with the skills and knowledge basic to reading, mathematics, writing, critical thinking, technology and communication. We believe that an environment must be provided that would encourage individual growth for successful living in an ever-changing world.
We believe that students should become life-long learners who are motivated to value the educational process. This requires adaptability and learning how to work independently as well as cooperatively with others towards achieving a goal.
We believe that the educational climate should foster mutual respect for the rights, dignity, and worth of self and others. It is important to promote self-understanding, responsibility and empathy for others.
We believe that students should learn how to lead healthy lives, using this knowledge to enhance their physical, mental, emotional, and social wellbeing.
They should become aware of global health concerns and the measures for affecting a healthful environment.
We believe that our students should become informed, objective, and reasonable citizens who will develop habits of social responsibility and cooperation in a democratic society based on knowledge of social, political and economic systems of the world, and an appreciation for structure and authority.
We believe that our students should experience the joy of life by appreciating the creative efforts of oneself and others, by recognizing the beauty of nature, and by striving to excel above the commonplace.
We believe that the professional staff should be encouraged to use their creative energies towards the continuous improvement of the educational program. We believe that parents and guardians should be supported in the exercise of a positive commitment to their children’s education. We believe that the community should be constructively involved in our schools.
To these ends, the Scotia-Glenville Central School District advises parents, students, employees and the general public it offers educational opportunities, including vocational education opportunities, without regard to sex, race color, national origin creed, religion, marital status, gender identity, sexual orientation, age or disability.
Adopted June 1973
Revised October 19, 1987
Revised March 11, 1991
Adopted November 5, 2001
0001 PURPOSES AND OBJECTIVES OF CONTINUING EDUCATION PROGRAM
To provide lifelong learning experiences designed to enrich the intellectual, social, physical and emotional well-being of adult and student community members in a relaxed and informal environment.
0105 EQUAL EMPLOYMENT OPPORTUNITY AND NON-DISCRIMINATION IN EDUCATION AND EMPLOYMENT
The Scotia-Glenville Central School District is an equal opportunity employer and does not discriminate against any employee or applicant for employment, or against students, in its programs and activities on the basis of race, color, national origin, sex, gender, gender identity or transgender status, disability, or age and provides equal access to the Boy Scouts and other designated youth groups. Further, the District does not discriminate on the basis of religion or creed, sexual orientation, military status, genetic status, marital status, domestic violence victim status, criminal arrest or conviction record, or any other basis prohibited by state or federal non-discrimination laws.
Investigation of Complaints and Grievances
The School District will act to promptly, thoroughly, and equitably investigate all complaints, whether verbal or written, of discrimination, and will promptly take appropriate action to protect individuals from further discrimination. All such complaints will be handled in a manner consistent with the District’s policies, procedures, and/or regulations regarding the investigation of discrimination and harassment complaints.
Additional information regarding the District’s discrimination and harassment complaint and grievance procedures, including but not limited to the designation of the Civil Rights Compliance Officer, knowingly making false accusations, and possible corrective actions, can be found at Policy No. 9050: Non-Discrimination and Anti-Harassment of Employees in the School District, Administrative Regulation 9050-R: Non-Discrimination and Anti-Harassment of Employees in the School District, Policy No. 0120: Non-Discrimination and Anti-Harassment of Students in the School District and Administrative Regulation 0120-R: Non-Discrimination and Anti-Harassment of Students in the School District.
Prohibition of Retaliatory Behavior
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participated in the investigation of a complaint of discrimination. Complaints of retaliation may be directed to the Civil Rights Compliance Officer. In the event the Civil Rights Compliance Officer is the alleged offender, the report will be directed to another Civil Rights Compliance Officer, if the District has designated another individual to serve in such a capacity, or to the Superintendent of Schools or President of the Board of Education.
Where appropriate, follow-up inquiries will be made to ensure that discrimination has not resumed and that all those involved in the investigation of the discrimination have not suffered retaliation.
Inquiries or Concerns
Inquiries or concerns regarding civil rights compliance by the District may be referred to the District’s Superintendent of Schools as its designated Civil Rights Compliance Officer/Title IX Coordinator by mail at 900 Preddice Parkway, Scotia, New York 12302 or by telephone at (518) 347-3600. Inquiries and complaints may also be directed to the U.S. Department of Education, New York Office for Civil Rights, 32 Old Slip, 26th Floor, New York, New York 10005; telephone: (646) 428-3800; electronic mail: OCR.NewYork@ed.gov.
Ref:
- Age Discrimination in Employment Act, 29 USC Section 621
- Americans with Disabilities Act, 42 USC Section 12101 et seq.
- Genetic Information Non-Discrimination Act of 2008 (GINA) Public Law 110-233
- Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794 et seq.
- Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d et seq.
- Title VII of the Civil Rights Act of 1964, 42 USC Section 2000e et seq.
- Title IX of the Education Amendments of 1972, 20 USC Section 1681 et seq.
- Age Discrimination Act of 1975, 42 U.S.C. § 6101 et seq.
- Boy Scouts of America Equal Access Act, 20 U.S.C. § 7905
- NY Civil Rights Law Section 40-c
- NY Civil Service Law Section 75-B
- NY Executive Law Section 290 et seq.
- NY Military Law Sections 242 and 243
First Reading April 25, 2018
Adopted June 11, 2018
First Reading of Revised Policy January 14, 2019
Adopted January 28, 2019
0120 NON-DISCRIMINATION AND ANTI-HARASSMENT OF STUDENTS IN THE SCHOOL DISTRICT
Section 1: Purpose
A. The Board of Education affirms its commitment to nondiscrimination and recognizes its responsibility to provide an environment that is free of discrimination, harassment and intimidation as required by federal and state law. Discrimination and harassment are a violation of law and stand in direct opposition to District policy. Therefore, the Board of Education does not discriminate in its admission or access to programs and activities as applicable, on the basis of actual or perceived race, color, creed, gender, gender identity or transgender status, sex, sexual orientation, national origin, religion, economic status, use of a guide dog, hearing dog or service dog, disability or other classifications protected under federal or state law, or deny the access required under the Boy Scouts of America Equal Access Act.
B. The Board of Education also prohibits discrimination and/or harassment based on an individual’s opposition to discrimination or participation in a related investigation or complaint proceeding under District policy or relevant anti-discrimination laws. This policy of non-discrimination and anti-harassment will be enforced on District premises and in school buildings, and at all school-sponsored events, programs and activities, including those that take place at locations off school premises or in another state.
C. It is intended that this policy apply to the dealings between or among students with other students, employees with students, and students with vendors, contractors, volunteers, visitors, guests and other third parties who are participating in, observing, or otherwise engaging in activities subject to the supervision and control of the District.
D. This policy shall also constitute the Grievance Procedure required by Title IX of the Education Amendments of 1972 for complaints of sex discrimination, including harassment, within educational institutions receiving federal financial assistance.
Section 2: Prohibited Conduct
The characterizations and examples below are intended to serve as a general guide for individuals in determining whether to file a complaint of discrimination or harassment, and should not be construed to add or limit the rights individuals and entities possess as a matter of law.
Discrimination is, generally, the practice of conferring or denying privileges on the basis of membership in a legally protected class. Discriminatory actions may include, but are not limited to, denying an individual access to facilities or educational benefits on the basis of his/her membership in a protected class, or impermissibly instituting policies or practices that disproportionately and adversely impact members of a protected class.
Harassment generally consists of subjecting an individual, on the basis of his/her membership in a protected class, to conduct and/or communications that are sufficiently severe, pervasive, or persistent as to have the purpose or effect of creating an intimidating, hostile, or offensive environment, substantially or unreasonably interfering with a student’s educational performance, opportunities, benefits, or well-being, or otherwise adversely affecting a student’s educational opportunities.
Harassment can include unwelcome verbal, written, or physical conduct which offends, denigrates, or belittles an individual because of his/her membership in a protected class. Such conduct includes, but is not limited to derogatory remarks, jokes, demeaning comments or behavior, slurs, mimicking, name calling, graffiti, innuendo, gestures, physical contact, stalking, threatening, bullying, extorting, or the display or circulation of written materials or pictures.
A. Sexual Harassment in the District. Harassment on the basis of sex is a form of discrimination and violates state and federal law. Unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature constitutes sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational opportunities, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or education, or creating an intimidating, hostile or offensive working environment.
B. Sexual Harassment of Students. Sexual harassment of students consists of verbal or physical conduct of a sexual nature, by an employee, other student, agent, or other third parties who are participating in, observing, or otherwise engaging in activities subject to the supervision and control of the District that denies, limits, or conditions the provision of aid, benefits, services, or treatment protected under Title IX of the Education Amendments of 1972 on the basis of sex. Unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature constitutes sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education or (2) such conduct has the purpose or effect of unreasonably interfering with the individual’s education or creating an intimidating, hostile or offensive environment.
Such actions include, but are not limited to the following conduct directed at students (1) unwelcome sexual flirtations, advances or propositions, (2) verbal or written abuse of a sexual nature, (3) graphic verbal comments about the student’s body, (4) sexually degrading words used to describe a student and (5) unwelcome and non-consensual physical touching of a sexual nature.
Given the special nature of the relationship between students and employees of the District, extreme caution should be exercised by employees of the District to avoid any situation involving comments of a sexual nature, particularly in the presence of students. It is recognized that discussions involving sexual relations and the human body are part of mandated curriculum in certain areas (e.g., health education) and are, therefore, not restricted by this policy.
Section 3: Civil Rights Compliance Officer
The District will designate one or more individuals to serve as the District’s Compliance Officer(s) for this policy. The Compliance Officer(s) will be responsible for coordinating the District’s efforts to comply with and carry out its responsibilities regarding non-discrimination and anti-harassment, including investigations of complaints alleging discrimination, harassment, or the failure of the District to comply with its obligations under relevant non-discrimination and anti-harassment laws and regulations (e.g., the Americans with Disabilities Act, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973).
Prior to the beginning of each school year, the District shall issue an appropriate public announcement or publication which advises students, parents/guardians, employees and other relevant individuals of the District’s established grievance procedures for resolving complaints of discrimination and harassment. Included in such announcement or publication will be the name, address, telephone number, and email address of the Compliance Officer(s). The District’s website will reflect current and complete contact information for the Civil Rights Compliance Officer(s).
The Compliance Officer(s) for the District is/are:
Susan M. Swartz, Superintendent of Schools
900 Preddice Parkway
Scotia, NY 12302
518-347-3600, ext. 71100
sswartz@sgcsd.net
Rick Arket, Assistant Superintendent for Curriculum and Instruction
900 Preddice Parkway
Scotia, NY 12302
518-347-3600, ext. 72100
rarket@sgcsd.net
COMPLAINT FORM OF ALLEGED DISCRIMINATION AND/OR HARASSMENT
Section 4: Investigation of Complaints and Grievances
The District will act to promptly, thoroughly, and equitably investigate all complaints, whether verbal or written, of discrimination and/or harassment based on any of the characteristics described previously, and will promptly take appropriate action to protect individuals from further discrimination or harassment. In the event an anonymous complaint is filed, the District will respond to the extent possible. Regulations regarding reporting, investigating, and remedying allegations of discrimination and/or harassment can be found at https://www.scotiaglenvilleschools.org/school-district-policies.
It is essential that any individual who is aware of a possible occurrence of discrimination or harassment immediately report such occurrence. All reports will be directed or forwarded to the District’s designated Compliance Officer(s). Such complaints are recommended to be in writing, although verbal complaints of discrimination or harassment will also be promptly investigated in accordance with applicable law and District policy and procedure. In the event a Compliance Officer is the alleged offender, the report will be directed to another Compliance Officer, if the District has designated another individual to serve in such a capacity, or to the Superintendent, or, if the Superintendent is the Compliance Officer and the alleged offender, to the President of the Board of Education.
To the extent possible, all complaints will be treated as confidential. Disclosure may, however, be necessary to complete a thorough investigation of the charges and/or notify law enforcement officials.
If an investigation reveals that discrimination or harassment has occurred, the District will take immediate corrective action as warranted. Such action will be taken in accordance with applicable laws and regulations, as well as any and all relevant codes of conduct, District policies and administrative regulations, collective bargaining agreements, and/or third-party contracts.
Section 5: Knowingly Makes False Accusations
Any student who knowingly makes false accusations against another individual as to allegations of discrimination or harassment will face appropriate disciplinary action.
Section 6: Prohibition of Retaliatory Behavior
The Board of Education prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participated in the investigation of a complaint of discrimination and/or harassment. Complaints of retaliation may be directed to the Compliance Officer. In the event a Compliance Officer is the alleged offender, the report will be directed to another Compliance Officer, if the District has designated another individual to serve in such a capacity, or to the Superintendent, or, if the Superintendent is the Compliance Officer and the alleged offender, to the President of the Board of Education.
Where appropriate, follow-up inquiries will be made to ensure that discrimination and/or harassment has not resumed and that those involved in the investigation have not suffered retaliation.
Section 7: Additional Provisions
In order to promote familiarity with issues pertaining to discrimination and harassment in the schools, and to help reduce incidents of prohibited conduct, the District will provide appropriate information and/or training to staff and students. As may be necessary, special training will be provided for individuals involved in the investigation of discrimination and/or harassment complaints.
A copy of this policy and its accompanying regulations will be available upon request and will be posted and/or published in appropriate locations and/or school publications.
This policy should not be read to abrogate other District policies and/or regulations or the District Code of Conduct prohibiting other forms of unlawful discrimination, harassment, and/or inappropriate behavior within this District. It is the intention of the District that all such policies and/or regulations be read consistently to provide protection from unlawful discrimination and harassment. However, different treatment of any individual which has a legitimate, legal, and non-discriminatory reason shall not be considered a violation of District policy.
References:
- Americans with Disabilities Act, 42 USC § 12101 et seq.
- Section 504 of the Rehabilitation Act of 1973, 29 USC § 794 et seq.
- Title VI of the Civil Rights Act of 1964, 42 USC § 2000d et seq.
- Title VII of the Civil Rights Act of 1964, 42 USC § 2000e et seq.
- Title IX of the Education Amendments of 1972, 20 USC § 1681 et seq.
- Boy Scouts of America Equal Access Act, 20 U.S.C. § 7905
- NY Education Law § 2801(1)
- NY Executive Law § 290 et seq.
- October 26, 2010 OCR Dear Colleague Letter (Harassment and Bullying)
- April 4, 2011 OCR Dear Colleague Letter (Sexual Violence)
- April 24, 2015 OCR Dear Colleague Letter (Title IX Guidance)
First Reading April 25, 2018
Adopted June 11, 2018
First Reading of Revised Policy January 14, 2019
Adopted January 28, 2019
0120-R ADMINISTRATIVE REGULATION – NON-DISCRIMINATION AND ANTI-HARASSMENT OF STUDENTS IN THE SCHOOL DISTRICT
Section I: Non-Discrimination and Anti-Harassment Policy Enforcement
A. Purpose: The complaint procedure established by this regulation shall provide for the prompt and equitable resolution of all complaints alleging discrimination (including harassment) on the basis of actual or perceived race, color, creed, gender, gender identity or transgender status, sex, sexual orientation, national origin, religion, age, economic status, marital status, veterans’ status, political affiliation, domestic victim status, use of a guide dog, hearing dog or service dog, disability or other classifications protected under federal or state law, or deny the access required under the Boy Scouts of America Equal Access Act.
B. Scope: The complaint procedure established by this regulation shall apply to all claims of discrimination arising from dealings between or among students with other students, employees with students, and students with vendors, contractors, volunteers, visitors, guests and other third parties who are participating in, observing, or otherwise engaging in activities subject to the supervision and control of the District.
C. Prohibited Conduct:
1. The characterizations and examples below are intended to serve as a general guide for individuals in determining whether to file a complaint of discrimination or harassment, and should not be construed to add or limit the rights individuals and entities possess as a matter of law.
2. Discrimination is, generally, the practice of conferring or denying privileges on the basis of membership in a legally protected class. Discriminatory actions may include, but are not limited to denying an individual access to facilities or educational benefits on the basis of his/her membership in a protected class or impermissibly instituting policies or practices that disproportionately and adversely impact members of a protected class.
3. Harassment generally consists of subjecting an individual, on the basis of his/her membership in a protected class, to conduct and/or communications that are sufficiently severe, pervasive, or persistent as to have the purpose or effect of creating an intimidating, hostile, or offensive environment, substantially or unreasonably interfering with an individual’s work or a student’s educational performance, opportunities, benefits, or well-being, or otherwise adversely affecting an individual’s educational opportunities.
4. Harassment can include unwelcome verbal, written, or physical conduct which offends, denigrates, or belittles an individual because of his/her membership in a protected class. Such conduct includes, but is not limited to derogatory remarks, jokes, demeaning comments or behavior, slurs, mimicking, name calling, graffiti, innuendo, gestures, physical contact, stalking, threatening, bullying, extorting, or the display or circulation of written materials or pictures.
Section II: Complaints
The Board of Education has an affirmative duty to maintain a school district free from all forms of discrimination (including discrimination and harassment on the basis of sex). Any person who believes he or she has been the target of discrimination, including discrimination on the basis of sex, by a student, district employee, or third party related to the school is required to report complaints as soon as possible after the incident(s) in order to enable the District to effectively investigate and resolve the complaint. In addition, all District employees are expected to promptly report harassment and discrimination that they observe or have reason to be aware of. Complainants are encouraged to submit the complaint in writing; however, complaints may be made verbally. Complaints should be filed with the principal of the building to which the employee or student is assigned or the District’s Civil Rights Compliance Officer(s). The District’s Civil Rights Compliance Officer(s) can be contacted at the following address, telephone number, and email address:
Susan M. Swartz, Superintendent of Schools
900 Preddice Parkway
Scotia, NY 12302
518-347-3600, ext. 7100
sswartz@sgcsd.net
Rick Arket, Assistant Superintendent for Curriculum and Instruction
900 Preddice Parkway
Scotia, NY 12302
518-347-3600, ext. 7200
rarket@sgcsd.net
If notification of a complaint is made to anyone other than a Civil Rights Compliance Officer, then the recipient of said notification shall immediately inform the Civil Rights Compliance Officer(s) of the allegation of discrimination, unless the allegation of discrimination is made against the Civil Rights Compliance Officer in which case the recipient of said notification shall immediately inform the Superintendent or the President of the Board of Education.
Section III: Investigation and Resolution
A. Initial Procedure
1. The principal or the Civil Rights Compliance Officer (or his or her designee) shall conduct a preliminary review when he or she receives a verbal or written complaint of discrimination, or if he or she observes discrimination, including sexual discrimination/sexual harassment. Except in the case of severe or criminal conduct, the principal or the Civil Rights Compliance Officer (or his or her designee) 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.
2. As soon as possible, but no later than three (3) working days following receipt of a complaint, the principal or the Civil Rights Compliance Officer (or his/her designee) shall investigate all allegations of discrimination (including sexual discrimination/sexual harassment) in as confidential and sensitive a manner as possible. 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 principal or the Civil Rights Compliance Officer or his/her designee will discuss confidentiality standards and concerns with all complainants.
The principal or the Civil Rights Compliance Officer, or his or her designee, will conduct an investigation into any complaint brought forward pursuant to this Regulation that will include the following steps:
a. Interview the complainant and document the conversation. Instruct the complainant to have no contact or communication regarding the complaint with the accused. Ask the complainant specifically what action he/she wants taken in order to resolve the complaint. Interim measures shall be made available to the complainant during the District’s investigation. In the case of students, such measures may include, but are not limited to, referring the complainant, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services. Additional interim measures may include the adjustment of schedules, “stay-away” agreements between the complainant and the accused, and the establishment of “safe spaces” within the building to which the complainant can avail himself or herself. Such interim measures shall be designed to address concerns raised by the complainant during the pendency of the District’s investigation and shall not disproportionately impact the complainant.
b. Review any written documentation of the harassment or discrimination prepared by the complainant. If the complainant has not prepared written documentation, assist the complainant with doing so, providing alternative formats for individuals with disabilities and young children, who have difficulty writing and need accommodation.
c. Interview the accused regarding the complaint and inform him or her that if the objectionable conduct has occurred, it must cease immediately. Document the conversation. Provide the accused an opportunity to respond to the allegations in writing.
d. Instruct the accused to have no contact or communication regarding the complaint with the complainant and to not retaliate against the complainant. Warn the accused that if he/she makes contact with or retaliates against the complainant, he/she will be subject to immediate disciplinary action.
e. Inform the parties of their right to present any witnesses or other evidence and interview any witnesses to the complaint, including witnesses identified by the complainant and/or the accused. Where appropriate, obtain a written statement from each witness. Caution each witness to keep the complaint and his/her statement confidential.
f. Review all documentation and information relevant to the complaint, including any evidence submitted by the parties.
3. Within twenty (20) working days from the commencement of the investigation, or as soon as practicable thereafter based on the nature and status of the investigation, the complainant and the accused shall be notified in writing, and also in person as appropriate, regarding the results of the investigation and the action taken to resolve the complaint, subject to all applicable confidentiality concerns and obligations. If the investigation was conducted by someone other than the Civil Rights Compliance Officer, the investigator will inform the Civil Rights Compliance Officer of his or her findings and provide the Civil Rights Compliance Officer with all documentation relating to the investigation.
4. The investigator shall instruct the complainant to report immediately if the objectionable behavior occurs again or if the accused retaliates against him/her. The investigator shall instruct the accused to refrain from engaging in any retaliatory behavior directed at the complainant or cause others to take such action and shall further inform the accused of the consequences.
5. The investigator shall notify the complainant that if he/she desires further investigation and action, he/she may request a district level investigation by contacting the Superintendent of Schools or, in the case where the Superintendent served as the investigator, the President of the Board of Education in accordance with paragraph “7”, below.
6. If the initial investigation results in a finding that discrimination or harassment did occur, the investigator will promptly notify the Superintendent, who shall then take appropriate action in accordance with district policy, applicable collective bargaining agreement, and/or state law. The District will also take all appropriate steps to prevent the recurrence of discrimination and/or harassment, and correct any discriminatory effects, if appropriate.
7. Any party who is not satisfied with the outcome of the initial investigation by the principal or the Civil Rights Compliance Officer (or his/her designee) may request a district-level investigation by submitting a written complaint and request to the Superintendent (or Board President, where the Superintendent served as the investigator) within thirty (30) calendar days from the date of the written determination issued in the initial investigation.
B. District Level Appeal Procedure
1. The Superintendent shall promptly investigate and resolve all complaints of discrimination that are appealed to him or her following an investigation by the Principal or Civil Rights Compliance Officer (or his or her designee, if other than the Superintendent). In the event the complaint of discrimination or harassment involves the Superintendent, or where the Superintendent served as the initial investigator and it is his or her determination that is being appealed from, the complaint shall be filed with or referred to the Board President, who shall refer the appeal to a trained investigator not employed by the district for investigation.
2. The district level appeal procedure should begin as soon as possible but not later than three (3) working days following receipt of the complaint by the Superintendent or Board President.
3. In conducting the formal District level appeal procedure, the District will use investigators who have received formal training in discrimination or harassment investigation or that have previous experience investigating discrimination or harassment complaints.
4. If a District investigation results in a determination that discrimination or harassment did occur, prompt corrective action will be taken to end the discrimination or harassment. Where appropriate, district investigators may suggest mediation as a means of exploring options of corrective action.
5. No later than thirty (30) days following receipt of the appeal, the Superintendent (or, as the case may be, the Board-appointed investigator) will notify the complainant and alleged discriminator or harasser, in writing, of the outcome of the investigation, subject to all applicable confidentiality concerns and obligations. 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 thirty (30) days following receipt of the complaint.
6. The complainant and the alleged discriminator or harasser have the right to be represented by a person of their choice, at their own expense, during discrimination or harassment investigations and hearings. In addition, complainants have the right to register discrimination or harassment complaints with the U.S. Department of Education’s Office for Civil Rights.
Section IV: Retaliation Prohibited
Any act of retaliation against any person who opposes discriminatory or harassing 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 prohibited discrimination or harassment complaint is prohibited. For purposes of this Regulation, 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.
Section V: Consequences Where Discrimination and/or Harassment is Found
If discrimination and/or harassment is found to have occurred, the District will take all appropriate steps to prevent the recurrence of such discrimination and/or harassment, and correct any discriminatory effects of that behavior that may remain. In addition, any individual who violates the Non-discrimination and Anti-harassment Policy by engaging in prohibited discrimination or harassment, including discrimination or harassment on the basis of sex, will be subject to appropriate disciplinary action. 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 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.
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.
False Complaints: False or malicious complaints of discrimination or harassment may result in corrective or disciplinary action taken against the complainant.
Section VI: Questions
Inquiries or concerns regarding Civil Rights Compliance by the District, including the application of Title IX and its implementing regulation, may be referred to the District’s Superintendent of Schools or its designated Civil Rights Compliance Officer. Inquiries and complaints may also be directed to the Office for Civil Rights, New York Office, U.S. Department of Education, 32 Old Slip, 26th Floor, New York, New York 10005; telephone: (646) 428-3800; electronic mail: OCR.NewYork@ed.gov.
First Reading April 25, 2018
Adopted June 11, 2018
First Reading of Revised Policy January 14, 2019
Adopted January 28, 2019
0150 HIV/AIDS POLICY
The Board of Education recognizes the public concern over the health issues surrounding Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). The Board recognizes, based upon the current state of medical knowledge, that the virus associated with AIDS is not easily transmitted and there is no evidence that AIDS or the HIV virus can be transmitted by causal social contact in the open school setting.
The Board further recognizes the privacy rights of students diagnosed with HIV infection or AIDS and their right to a free appropriate public education; the rights of HIV infected employees to privacy and reasonable accommodations; the rights of all non-infected individuals to a safe environment free of any significant risks to their health; the rights of all students to instruction regarding the nature, transmission, prevention, and treatment of HIV infection, pursuant to the Commissioner’s Regulation, Part 135.3.
No individual shall be denied access to any program or activity sponsored by or conducted on the grounds of the district solely on the basis of his/her status as an HIV infected individual.
Students
It is the policy of the Board that:
1. A student’s education shall not be interrupted or curtailed solely on the basis of his/her HIV status. HIV-infected students shall be afforded the same rights, privileges, and services available to every other student.
2. No student shall be referred to the Committee on Special Education solely on the basis of his/her ability to benefit from instruction. Such referral shall be made in accordance with Part 200 of Commissioner’s Regulations.
3. If a student who is HIV-infected requires special accommodations to enable him/her to continue to attend school, the student shall be referred to the appropriate multi-disciplinary team as required by §504 of the Rehabilitation Act.
4. No disclosure of HIV related information involving a student shall be made without first obtaining the informed consent of the parent, guardian or student of the Department of Health (DOH) approved form. (See the generic Department of Health Authorization of Release of Confidential HIV Related Information.)
Employees
It is the policy of the Board that:
1.No employees shall be prevented from continuing in his/her employment solely on the basis of his/her HIV status; such employees are entitled to all rights, privileges, and services accorded to other employees and shall be entitled to reasonable accommodations to the extent that such accommodations enable such individuals to perform their duties.
2.No disciplinary action or other adverse action shall be taken against any employee solely on the basis of his/her status as an HIV infected or a person with AIDS. Such action will only be taken where, even with the provision of reasonable accommodations, the individual is unable to perform his/her duties.
3.All employees shall have access to the district’s exposure control plan as required by the federal Office of Safety and Health Association (OSHA).
4.In accordance with OSHA regulations, training in universal precautions and infection control shall be offered to all employees and shall be provided to every with potential occupational exposure.
Confidentiality
Any information obtained regarding the HIV status of an individual connected to the school shall not be released to third parties, except to those persons who are:
1. named on an Authorization for Release of Confidential HIV Related Information form;
2. named in a special HIV court order; or
3. as indicated in Public Health Law §2782, when necessary to provide health care to the individual (i.e., to the school physician and the school nurse).
Any employee who breaches the confidentiality of a person who is HIV infected shall be subject to disciplinary action in accordance with applicable law and/or collective bargaining agreement.
To protect the confidentiality of an HIV infected individual, any documents identifying the HIV status of such individuals shall be maintained by the Superintendent in a secure file, separate from the individual’s regular file. Access to such file shall be granted only to persons named on the Department of Health approved Authorization for Release of Confidential HIV related Information form, or through a special HIV court order. When information is disclosed, a statement prohibiting further re-disclosure, except when in compliance with the law, must accompany the disclosure.
HIV/AIDS Testing
No school official shall require a student or employee to undergo an HIV antibody test or other HIV-related test. In accordance with OSHA regulations in the event of an incident the exposure of an individual to the potentially infectious body fluids of another individual, particularly blood or any other fluid which contains visible blood, an HIV test may be requested but NOT required. The request and refusal must be documented.
However, school officials shall not be precluded from requiring a student or employee to undergo a physical examination pursuant to Education Law §§903 and 913, when other illnesses is suspected (e.g., tuberculosis), as long as no HIV antibody test is administered without the individual’s informed consent as required by Public Health Law§27-F.
To implement this policy, the Superintendent of Schools is directed to arrange for staff training, to distribute copies of this policy to all employees of the district, and to include it in the district’s student handbook, and to establish an advisory council to make recommendations on the development, implementation, and evaluation of HIV/AIDS instruction as a part of comprehensive health education.
Cross-ref: 4315.1, AIDS Instruction
5420, Student Health Services
5420-R, Student Health Services Regulation
8123, Hygiene Precautions and Procedures
Ref: 29 U.S.C. §§794 et seq. (Rehabilitation Act of 1973)
20 U.S.C. §§1400 et seq. (Individuals with Disabilities Education Act)
42 U.S.C. §12132, et seq. (Americans with Disabilities Act)
34 CFR part 104
29 CFR Part 1910.1030
Executive Law §296 (Human Rights Law)
Education Law §§903;913
Public Health Law, Article 27-F
8 NYCRR §§29.1 (g); 135.3;136.3
An Implementation Package for HIV/AIDS Policy in New York State School
Districts, NYS HIV/AIDS Prevention Education Program, June 17, 1998
Adopted November 5, 2001
0150-E Persons with HIV-Related Illness Exhibit
0310 EVALUATION OF SCHOOL BOARD OPERATIONAL PROCEDURES
The Board of Education shall review the effectiveness of its internal operations at least once annually, preferably each winter to allow new board members to acclimate and before the budget season begins. The Superintendent of Schools and others who work regularly with the Board shall be asked to participate in this review and to suggest ways by which the Board can improve its functioning as a deliberative and legislative body.
The Board shall set forth the standards by which it will evaluate itself, taking into account the following:
1. the district’s needs and the Board’s ability to meet such needs;
2. the district’s goals for its instructional programs;
3. the Board’s relationship with the Superintendent and district staff;
4. the Board’s relationship with its supervisory district (BOCES);
5. the community’s perception of Board members as educational leaders.
All decisions of the Board are to be supported by as much objective evidence as possible. Implied in this approach is an assumption that any school Board is capable of improvement. The chances that improvement will result enhances of evaluation is carried out systematically in accordance with good planning, conscientious follow-through, and careful assessment of results.
Adopted November 5, 2001