Series: Series0000     Sub Series: 0100     Policy Number: 0100          Printer Friendly (opens in new window/tab)



Title 

EQUAL OPPORTUNITY

Policy Text 

The Board of Education reaffirms its commitment to nondiscrimination and equal educational employment opportunities in all of its decisions, programs and activities, as follows:

The Board of Education, its officers, employees and agents, shall not discriminate against any student, employee or applicant on the basis of race, color, creed, gender, national origin, religion, age, economic status, marital status, sexual orientation or disability in its educational programs or employment practices.

This policy of nondiscrimination includes, but is not limited to: access by students to educational programs, counsel in services, course offerings, student athletics, student employment assistance, extracurricular activities and other school resources; recruitment and appointment of employees, as well as their compensation, benefits, opportunities for advancement and/or terminations.

 
District Reference  0100, 0110, 0110-E.1, 0110-R,
 
General Reference 

Americans with Disabilities Act, 42 U.S.C. §12133 
Civil Rights Act of 1964, Title VI, 42 U.S.C. §2000C-d
Civil Rights Act of 1964, Title VII, 42 U.S.C. §2000C-e
Executive Order 11246, as amended by E.O.11375 Equal Pay Act, as amended by the Education Amendments of 1972
Title IX, Education Amendments of 1972, 20 U.S.C. §1681

Rehabilitation Act of 1973 §504, 29 U.S.C. §794
Education for All Handicapped Children Act of 1975

 
 
Adoption Date 2002-02-26
 
Last Revised 



Series: Series0000     Sub Series: 0100     Policy Number: 0110          Printer Friendly (opens in new window/tab)



Title 

SEXUAL HARASSMENT

Policy Text 

The Board of Education is committed to safeguarding the right of all students and staff within the school district to learn and work in an environment that is free from all forms of sexual harassment and gender discrimination. Therefore, the Board, consistent with state and federal law, condemns all unwelcome and/or unwanted behavior of a sexual nature that may impose a requirement of sexual cooperation as a condition of academic achievement or employment, or that has the purpose or effect of creating an intimidating, hostile or offensive learning or working environment.

Sexual harassment can occur staff-to-student, student-to-staff, staff-to staff, student-to-student, male-to-female, female-to-male, male-to-male or female-to-femaleIt shall be a violation of this policy for any student, employee or third party (school visitor, vendor, etc.) to sexually harass, or discriminate based upon gender, any student, employee, or any other individual associated with the school.

Generally, sexual harassment is defined as all sexually inappropriate conduct that is unwelcome and/or unwanted, including sexual advances, requests for sexual favors, and physical or purely verbal conduct of a sexual nature, when:

 

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or a student’s right to a fair and equal educational opportunity;

2. submission to or rejection of such conduct by an individual is used as a basis for employment decisions or educational decisions affecting such individual;

3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating a sexually intimidating, hostile, or offensive working or learning environment;

4. conditions exist within the school environment that allow or foster harassing activities of a sexual nature, including but not limited to obscene pictures, lewd jokes, sexual comments, gestures and innuendos, and sexual advances.

Examples of conduct that may constitute sexual harassment and would therefore be prohibited include:

 

· Unwelcome leering, sexual flirtations or propositions

· Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions

· Unwelcome graphic verbal comments about an individual’s body or overly personal conversation

· Unwelcome sexual jokes, stories, drawings, pictures, objects or gestures

· Unwelcome spreading of sexual rumors

· Unwelcome teasing or sexual remarks about students enrolled in a

predominantly single-sex class

· Unwelcome touching of an individual’s body or clothes in a

sexual way

· Deliberately limiting a student’s access to educational tools based on gender or sexual preference

· Conditioning academic and/or student activity privileges on submission to unwanted sexual conduct from students or staff

· Cornering or blocking of a sexual nature of normal movements

Gender discrimination is defined as pervasive and/or severe conduct intended to intimidate or demean a person or persons of the other gender or that which treats a person of the other gender differently in the learning or working environment because of his or her gender.

The Board also specifically prohibits all student-employee relationships of a sexual or quasi-sexual nature, whether or not consensual.

The Board acknowledges that the determination of whether sexual harassment or gender discrimination has occurred will be objective, based upon the viewpoint of a reasonable person, taking into consideration the perspective of the complainant and/or victim. While the accused’s conduct and/or intention may be considered, sexual harassment may be found even where the accused had no intent to sexually harass another individual.

 

Sexual Harassment Complaints

Any student or employee who believes that he or she has been subjected to sexual harassment or gender discrimination may report all incidents pursuant to the District policy and regulation. Anyone with relevant information may report allegations of harassment or discrimination, whether that person is a student, District employee, parent or guardian, or any other person who has relevant information. The person reporting the harassment or discrimination need not be a witness to the alleged incident of harassment or discrimination in order to report allegations of harassment or discrimination.

Students or their parents/guardians should report harassment or discrimination by another student to the Site Level Complaint Manager. Students and staff should report sexual harassment or gender discrimination by a staff member to the Title IX Compliance Officer. Parents and students have the right to file complaints with the U.S. Department of Education, the U.S. Department of Justice, and other state or local entities.

A staff member, Building Principal or Superintendent shall promptly report to the Site-level Complaint Manager and the Title IX Compliance Officer any harassment on the basis of sex that they observe, are informed of, or reasonably suspect. The Title IX Compliance Officer shall make a determination as to who will investigate the complaint (e.g., Building Principal, Title IX Compliance Officer, Assistant Title IX Compliance Officer, or outside investigator).

Generally, the Site-level Complaint Manager must investigate student-to-student sexual harassment complaints unless the complaint is directed against the Site-level Complaint Manager, in which case the Title IX Compliance Officer shall investigate it. Depending on the circumstances, the Title IX Compliance Officer may also conduct the investigation of a student-to-student sexual harassment complaint. Any sexual harassment/gender discrimination complaint involving an adult staff member must be reviewed by the Title IX Compliance Officer and investigated by someone not associated with the school district site where the complaint arose.

The complainant, the alleged victim, and the alleged witnesses of an incident of harassment or discrimination shall have the right to request that an investigator of the same sex as he or she interview him or her. The District shall inform the complainant, alleged victim and alleged witnesses of this right prior to interviewing them. In the event that the alleged perpetrator of an incident of harassment or discrimination is the Compliance Officer, that Compliance Officer will not conduct the investigation into the incident.

Any person reporting harassment or discrimination must be treated respectfully and appropriately by the Compliance Officer to whom he or she reports the allegations, and by any other person within the District’s control who is involved in the reporting process.

Alleged incidents of harassment or discrimination may be reported anonymously. The District will investigate such alleged incidents to the best of its ability as thoroughly as allegations that are not reported anonymously.

The District will investigate allegations of discrimination or harassment to the best of its ability regardless of whether the alleged victim of the harassment or discrimination is identified or is willing to speak with the Compliance Officer or with any other person investigating the allegations.

In reaching a conclusion regarding whether or not allegations of harassment or discrimination are substantiated, the District will expressly make findings regarding the credibility of the alleged perpetrator. The finding may be that there is insufficient evidence to determine credibility. In all cases, the credibility finding will take into account such factors as whether the alleged perpetrator’s statement(s) regarding an alleged prior incident of harassment or discrimination has been contradicted by the statements of the alleged victim or by any witness or witnesses to the alleged prior incident.

Any staff member who fails to report a complaint of sexual harassment or gender discrimination may be subject to disciplinary action in accordance with law and any applicable collectively negotiated agreement.

All complaints of sexual harassment and gender discrimination will be held in confidence to the extent practicable to enable the District to conduct a thorough investigation as permitted by law. While the District respects the privacy and anonymity of all parties and witnesses to complaints brought under this policy, it cannot guarantee absolute confidentiality; for example, the District may have to reveal the identity of a victim or witness to comply with a discovery or disclosure obligation under law. Examples of steps that will be taken to maintain confidentiality are: conducting the investigation interviews in a location that is private, maintaining confidential files of the investigation, and limiting access to the Final Report and its findings on a need-to-know basis only.

If the District has knowledge of or reason to know of the occurrence of any alleged sexual harassment or gender discrimination, the District shall, even in the absence of a complaint, cause a prompt and thorough investigation of any such incident to be made. The investigation shall be commenced promptly after receipt of the complaint, or after the District has knowledge of or reason to know of the occurrence, and shall be concluded without unreasonable delay, as determined by the discretion of the Title IX Compliance Officer.

All complaints of sexual harassment and gender discrimination shall be taken seriously and an investigation shall be conducted to the extent possible. The investigator shall prepare a written report of the investigation. The report shall be filed with the Title IX Compliance Officer. In the case of an employee complainant, the report also shall be filed in the employee’s personnel file. The fact of a disciplinary outcome of any investigation of a sexual harassment/gender discrimination complaint shall only be relayed to the student and his/her guardian or the employee, as the case may be, as well as the accused, in compliance with state and federal privacy laws and regulations. The written report becomes the final District determination 30 days after the issuance of the written report if no appeal is made, or 30 days after the issuance of the appeal determination.

 

If the results of the District’s investigation indicate that sexual harassment, gender discrimination or other inappropriate behavior has occurred, immediate and appropriate corrective action will be taken. Corrective action shall be, among other things, calculated to end the harassment or discrimination and prevent retaliation, and designed to ensure that the offending conduct does not limit and/or interrupt the ability of the complainant (and the victim, if different) to participate in, or benefit from, the educational services, programs and/or opportunities provided by the District. Counseling memoranda, letters of reprimand, mandatory sexual harassment training, and appropriate disciplinary actions, are among the measures that may be taken.

It is the policy of the District to determine when appropriate disciplinary action should be taken against the offending individual in accordance with law, district policy and any applicable collectively negotiated agreement. Disciplinary action up to and including discharge of an employee and permanent suspension of a student may occur. Follow-up inquiries shall be made to ensure that the harassment has not continued or resumed.

If the District has issued a letter to the perpetrator of an incident of harassment or discrimination directing the perpetrator not to engage in further harassing or discriminatory actions, and the perpetrator disobeys that directive and engages in a further act of harassment or discrimination, the District will take additional steps with respect to the perpetrator beyond the actions that have already been taken.

If the complainant, or his/her parent/guardian in the case of a student complainant, or the accused is not satisfied with the results of the investigation, an appeal of the finding may be made to the Board of Education within 30 calendar days of the receipt of the written report by the Board of Education.

The Board prohibits retaliation against students or District employees who report allegations of harassment or discrimination on the basis of sex, or who participate in the reporting or investigation of such allegations, including against any witness who testifies in a sexual harassment/gender discrimination investigation. Follow-up inquiries by the Site-level Complaint Manager and the Title IX Compliance Officer shall be made to ensure that the complainant and/or witnesses have not suffered retaliation.

The initiation of a complaint of sexual harassment will not reflect negatively on the student or the employee who initiates the complaint, nor will it affect the student’s academic standing, rights, or privileges, or the employee’s job assignment, status, rights, privileges, or benefits.

The District shall provide appropriate training to students, to supervisory and other staff, and to Board of Education members regarding awareness of and sensitivity to issues involving sexual harassment and gender discrimination, including condemnation of such conduct, the sanctions for harassment and preventive measures to help reduce incidents of sexual harassment.

The Superintendent of Schools is directed to develop and implement specific procedures for reporting, investigating and resolving sexual harassment and gender discrimination complaints.

A copy of this policy and its accompanying regulation shall be distributed annually to all students and personnel, as well as new hires, and posted in appropriate places in the district.

 
District Reference  ,
 
General Reference 

Education Amendments of 1972, Title IX U.S.C.§1681 
34 CFR §§ 100 et seq. 
Gebser v. Lago Vista Independent School District , 1998 WL 32355 (1998) 
Franklin v. Gwent County Public Schools, 503 U.S. 60 (1992) 
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986) 
Office for Civil Rights: Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students and Third Parties, 62 CFR 12034 (March 13, 1997) 

 
 
Adoption Date 2002-02-26
 
Last Revised 2007-12-11



Series: Series0000     Sub Series: 0100     Policy Number: 0110-E.1          Printer Friendly (opens in new window/tab)



Title 

SEXUAL HARASSMENT COMPLAINT APPEAL FORM

Policy Text 

Name and position of complainant: ___________________________________________________

 

Date of appeal: __________________________________________________________________

 

 

Date of original complaint: _________________________________________________________

 

Have there been any prior appeals? __________________________________________________

 

If yes, when? To whom? __________________________________________________________

 

Description of decision being appealed: ________________________________________________

 

Why is the decision being appealed? __________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

 
District Reference  ,
 
General Reference 
 
 
Adoption Date 2007-03-13
 
Last Revised 



Series: Series0000     Sub Series: 0100     Policy Number: 0110-R          Printer Friendly (opens in new window/tab)



Title 

SEXUAL HARASSMENT REGULATION

Policy Text 

This regulation is intended to create and preserve an educational and working environment free from unlawful sexual harassment and gender discrimination in furtherance of the District's commitment to provide a healthy and productive environment for all students and employees that promotes respect, dignity and equity.

 

Complaint Officer

 

The Board of Education shall appoint a Title IX Compliance Officer at its annual reorganization meeting, or as needed during the year.

 

Reporting Complaints

 

Any student or employee who believes that he or she has been subjected to sexual harassment or gender discrimination may report all incidents pursuant to the District policy and regulation. Anyone with relevant information may report allegations of harassment or discrimination, whether that person is a student, District employee, parent or guardian, or any other person who has relevant information. The person reporting the harassment or discrimination need not be a witness to the alleged incident of harassment or discrimination in order to report allegations of harassment or discrimination.

 

A student (or his/her parent/guardian) who believes that the student has been subjected to sexual harassment or gender discrimination by another student should immediately contact the Site-Level Complaint Manager.  A student, who believes that he/she has been subjected to sexual harassment or gender discrimination by a staff member, should immediately contact the Title IX Compliance Officer. Parents and students have the right to file complaints with the U.S. Department of Education, the U.S. Department of Justice, and other state and local entities.

 

An employee who believes that he/she has been subjected to sexual harassment or gender discrimination or who becomes aware of a possible incident of sexual harassment or gender discrimination may immediately consult with their immediate supervisor, the Building Principal, the Superintendent of Schools or the Title IX Compliance Officer.

 

All complaints of sexual harassment or gender discrimination must be forwarded, in writing, to the Title IX Compliance Officer appointed by the Board of Education. Each complaint of sexual harassment should be put in writing by the individual complaining or the person who receives the complaint, and will be signed by the person complaining.

 

 

Regardless of the provisions of the preceding paragraph, alleged incidents of harassment or discrimination may be reported anonymously. The District will investigate such alleged incidents to the best of its ability as thoroughly as allegations that are not reported anonymously.

 

The District will investigate allegations of discrimination or harassment to the best of its ability regardless of whether the alleged victim of the harassment or discrimination is identified or is willing to speak with the Compliance Officer or with any other person investigating the allegations.

 

Any school district employee who is consulted with regard to a possible incident of or complaint of sexual harassment or gender discrimination shall:

 

1.         provide a copy of the Board’s Sexual Harassment Policy and Regulations to the complainant;

2.         promptly report the complaint or inquiry to the Site-level Complaint Manager and/or the Title IX Compliance Officer;

3.         maintain the complainant’s privacy regarding the complaint and only communicate information regarding the complaint on a need-to-know basis; and

4.         NOT attempt to provide any advice to the complainant, except to tell a student complainant to consult with his/her parents/guardian.

                       

Any staff member who fails to report a possible incident or complaint of sexual harassment or gender discrimination may be subject to disciplinary action in accordance with law and any collectively negotiated agreement.

 

Any person reporting harassment or discrimination must be treated respectfully and appropriately by the Compliance Officer to whom he or she reports the allegations, and by any other person within the District’s control who is involved in the reporting process. Retaliation against students or District employees who report allegations of harassment or discrimination on the basis of sex, or who participate in the reporting or investigation of such allegations, including against any witness who testifies in a sexual harassment/gender discrimination investigation is prohibited. Follow-up inquiries by the Site-level Complaint Manager and the Title IX Compliance Officer shall be made to ensure that the complainant and/or witnesses have not suffered retaliation.

 

Investigation of a Complaint

 

The complainant, the alleged victim, and the alleged witnesses of an incident of harassment or discrimination shall have the right to request that an investigator of the same sex as he or she interview him or her.  The District shall inform the complainant, alleged victim and alleged witnesses of this right prior to interviewing them.  In the event that the alleged perpetrator of an incident of harassment or discrimination is the Compliance Officer, that Compliance Officer will not conduct the investigation into the incident.

                                                                                    

Upon receipt of a complaint, the Site-level Complaint Manager shall:

 

1.         Conduct a preliminary investigation to determine whether to proceed personally or to designate or request a different investigator.

2.         Discuss the above actions with the Title IX Compliance Officer, unless he/she is the subject of the complaint, in which case the Site-level Complaint Manager should consult with the Superintendent.

3.         Report the incident to the police and/or to the other appropriate authorities if the behavior constitutes or may constitute a crime.

4.         Ensure that any investigation is commenced promptly after receipt of the complaint and concluded without unreasonable delay, as determined at the discretion of the Title IX Compliance Officer.

5.         Document the complaint and all actions taken in writing, regardless of how informally it is resolved, and forward the written documentation to the Title IX Compliance Officer.

 

If, after consultation, the Site-level Complaint Manager determines that a more formal investigation is warranted, any investigation must adhere to the following:

 

1.         A formal investigation may be conducted by a trained Site-level Complaint Manager, the Title IX Compliance officer, or an outside investigator hired by the District.

2.         During the investigation, the investigator must protect the confidentiality of the complainant, the victim, the accused and all witnesses to the extent practicable and limit distribution of information about the complaint and investigation on a need-to-know basis. The investigator shall inform all parties of the need for confidentiality.

3.         The investigator must immediately notify the parent(s)/guardian(s) of any child involved in the complaint, other than witnesses, that an investigation is taking place, the nature of the complaint and the nature of the child’s involvement.

4.         The investigator must conduct a thorough, prompt and impartial investigation.

5.         The investigator must seek out relevant documents.

6.         The investigator must interview, to the extent they are willing to be interviewed, all identifiable witnesses, including the accused, the victim, the complainant, and those witnesses whose identity is made known to the investigator during the investigation. Witnesses are limited to those persons reasonably expected to have information relevant and necessary to the investigation of the alleged incident of harassment or discrimination.

7.         The investigator must keep accurate documentation and records.

8.         The complainant, victim and accused may bring their attorney or union representative (if applicable) to any meetings, and children may also be accompanied by their parent(s)/guardian(s).

9.         The investigator must notify the accused that he/she is the subject of a complaint and that an investigation is being conducted, unless notification of the accused would endanger the complainant or other individual, or impede the investigation.

 

As soon as possible upon completion of any investigation, the investigator shall issue a written factual report containing:

 

1.         A summary of the complaint and findings;

2.         In reaching a conclusion regarding whether or not allegations of harassment or discrimination are substantiated, the District will expressly make findings regarding the credibility of the alleged perpetrator. The finding may be that there is insufficient evidence to determine credibility. In all cases, the credibility finding will take into account such factors as whether the alleged perpetrator’s statement(s) regarding an alleged prior incident of harassment or discrimination has been contradicted by the statements of the alleged victim or by any witness or witnesses to the alleged prior incident.

3.         A determination of whether or not the behavior is a violation of one or more District policies or regulations or whether the evidence is inconclusive; and

4.         Recommended action, if any.

 

The investigative information shall be kept on file by the Title IX Compliance Officer, so designated by the Superintendent to maintain such files, including:

 

1.         Copies of all related written documents, including the summary report;

2.         Copies of any handwritten notes taken during the investigation and interviews; and

3.         Any further written details deemed by the investigator to be informative or useful to a better understanding of his/her findings.

 

A record of any disciplinary action taken as a result of the investigation will be placed in the employee’s or the student’s file with the opportunity to respond.

 

The Superintendent (or President of the Board of Education, if the Superintendent is the subject of the investigation) shall review the summary report and shall determine whether or not formal disciplinary action is needed. Formal discipline of students or staff shall be in accordance with law, district policy and any applicable collectively negotiated agreement.

 

If the results of the District’s investigation indicate that sexual harassment, gender discrimination or other inappropriate behavior has occurred, immediate and appropriate corrective action will be taken. Corrective action shall be, among other things, calculated to end the harassment or discrimination and prevent retaliation, and designed to ensure that the offending conduct does not limit and/or interrupt the ability of the complainant (and the victim, if different) to participate in, or benefit from, the educational services, programs and/or opportunities provided by the District. Counseling memoranda, letters of reprimand, mandatory sexual harassment training, and appropriate disciplinary actions, are among the measures that may be taken.

 

 It is the policy of the District to determine when appropriate disciplinary action should be taken against the offending individual in accordance with law, district policy and any applicable collectively negotiated agreement. Disciplinary action up to and including discharge of an employee and permanent suspension of a student may occur.  Follow-up inquiries shall be made to ensure that the harassment has not continued or resumed.

 

If the District has issued a letter to the perpetrator of an incident of harassment or discrimination directing the perpetrator not to engage in further harassing or discriminatory actions, and the perpetrator disobeys that directive and engages in a further act of harassment or discrimination, the District will take additional steps with respect to the perpetrator beyond the actions that have already been taken.

 

 

Appeal Procedure

 

The victim (or his/her parents/guardian if a minor) and/or the accused may appeal the findings and/or recommendations of the investigation, as contained in the summary report, subject to the following guidelines:

 

1.         The appeal must be in writing.

2.         The appeal must be made by the accused or the alleged victim within 30 calendar days from the date of receipt of the results of the investigation.

3.         The appeal must be made to the Board of Education, who shall review all relevant information within 30 calendar days of the date of the filing of the appeal.

4.         The determination of the Board is final insofar as the District policy is concerned.

 

District Training and Distribution of Policy

 

The Superintendent shall implement specific and continuing actions to notify students, parents/guardians, employees and prospective students and employees that the District does not discriminate on the basis of gender in the educational programs or activities that it operates, as required by Title IX. Such actions may include, but are not limited to:

 

1.         annual publication in local newspapers and/or school district publications;

2.         announcements in school sponsored publications; and

3.         memoranda or other written communications distributed to students and employees.

 

            The Superintendent shall provide for student and staff training in accordance with the

 District’s Sexual Harassment policy.

 

The Superintendent shall ensure that all students, parents/guardians and staff are informed of the name, office address and office telephone numbers of the Title IX Compliance Officer, and that such information is posted conspicuously and updated, as needed.

                                              

The District’s Sexual Harassment policy shall always be distributed with a copy of the applicable regulations.

 

 
District Reference  ,
 
General Reference 
 
 
Adoption Date 2008-07-22
 
Last Revised 



Series: Series0000     Sub Series: 0100     Policy Number: 0112          Printer Friendly (opens in new window/tab)



Title 

BULLYING AND HARASSMENT

Policy Text 

(Effective July 1, 2012, see Policy 5300 – Code of Conduct, Section IX – Bullying, Discrimination, Hazing and Harassment for a relocated and modified version of this policy per New York State’s Dignity for All Students Act legislation.) 

 
District Reference  ,
 
General Reference 
 
 
Adoption Date 2009-04-28
 
Last Revised 



Series: Series0000     Sub Series: 0100     Policy Number: 0120          Printer Friendly (opens in new window/tab)



Title 

SEXUAL MISCONDUCT

Policy Text 

The Board of Education requires the relationship between employees, volunteers, consultants and students to be based upon mutual respect and professionalism. All employees, volunteers and consultants are expected to exercise good judgment and maintain professional boundaries when interacting with students and each other, in all curricular and extra-curricular activities, both on and off school property.

Any behavior of a sexual nature between employees, volunteers, consultants and students, which may also constitute professional misconduct, and may be a violation of criminal or civil statutes, professional codes of ethics or board policy, is strictly prohibited. Such behavior may include, but is not limited to, the following:

  • Any conduct that may or would constitute sexual harassment, discrimination, or retaliation under Title IX of the Education Amendments of 1972.
  • Any conduct that would constitute sexual abuse of a minor under the New York State Penal Law (e.g., rape, forcible touching, sexual intercourse, aggravated sexual conduct, etc.)
  • Any sexual relationship by an employee, volunteer or consultant with (1) any K-12 student in the district, regardless of the student's age, or (2) a former student under age 18.
  • Any activity directed toward establishing a sexual relationship with a student, such as dating, sending intimate letters; and/or engaging in sexualized dialogue whether in person, by phone, via electronic communication, or in writing.

Individuals who become aware of any sexual misconduct by an administrator, employee, volunteer or consultant of the District are required to report such action to the Title IX Compliance Officers, the Building Principal, or the Superintendent of Schools.

After a thorough investigation and a finding of misconduct, the District will take prompt and appropriate disciplinary action in accordance with District policy, collective bargaining agreements and appropriate criminal and civil statutes. Where appropriate, such disciplinary penalties may involve seeking revocation of certification and/or reporting such activity to appropriate law enforcement officials.

 
District Reference  ,
 
General Reference 

Education Amendments of 1972, Title IX, 20 U.S.C. § 1681 et. seq. 
Education Law §§ 1125-1133 
Penal Law §§ 130, 235, 263

 
 
Adoption Date 2007-01-23
 
Last Revised 



Series: Series0000     Sub Series: 0100     Policy Number: 0150          Printer Friendly (opens in new window/tab)



Title 

HIV/AIDS POLICY

Policy Text 

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 casual 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; and 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 HIV status. A student who is infected with HIV shall be referred to the Committee on Special Education (CSE) only when the student’s disability interferes with 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 on the Department of Health (DOH) approved form. (See the generic Department of Health Authorization of Release of Confidential HIV Related Information.)

5. Students with HIV and AIDS may develop immune deficiency which places them at increased risk of experiencing severe complications from infections

such as chicken pox, tuberculosis, measles, cytomyalovirus, and herpes simplex. Therefore, these students should not receive live virus vaccines and should be excused from regulations requiring them.

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 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 and become familiar with 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 employee 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 school nurse (or another authorized individual) in a secure file,

separate from the individual’s regular file. Access to such file shall be granted only

to those 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 redisclosure, 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 involving the exposure of one 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 illness is suspected (e.g., tuberculosis), as long as no HIV antibody test or other HIV-related 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.

 
District Reference  ,
 
General Reference 

29 USC §§794 et seq. (Rehabilitation Act of 1973) 
20 USC §§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); l35.3; 136.3
An Implementation Package for HIV/AIDS Policy in New York State School Districts, NYS HIV/AIDS Prevention Education Program, June 17, 1998

 
 
Adoption Date 2002-02-26
 
Last Revised 



Series: Series0000     Sub Series: 0200 Students     Policy Number: 0210          Printer Friendly (opens in new window/tab)



Title 

DESIRED LEARNER OUTCOMES

Policy Text 

The Board of Education upholds and supports the District’s Mission as stated in our Comprehensive District Education Plan by creating and encouraging opportunities for all Rhinebeck Central School District graduates to become:

· Self-directed learners, who use positive core values to create a positive vision for themselves and their future, set priorities, and achievable goals, create options for themselves, monitor and evaluate their progress, and assume responsibility for their actions.

· Collaborative workers, who use effective leadership and group skills to develop and manage interpersonal relationships within culturally and organizationally diverse settings.

· Complex thinkers, who identify, access, integrate, and use available resources and information to reason, make decisions, and solve complex problems in a variety of contexts.

· Community contributors, who contribute their time, energies, and talents to improving the welfare of others and the quality of life in their diverse communities.

· Quality producers, who create intellectual, artistic, practical, and physical products which reflect originality, high standards, and the use of appropriate advanced technologies.

· Ethical decision-makers, who exemplify the principles of trustworthiness, respect, responsibility, integrity, fairness, caring and citizenship.

 
District Reference  ,
 
General Reference 
 
 
Adoption Date 2006-02-28
 
Last Revised 



Series: Series0000     Sub Series: 0300 Evaluations     Policy Number: 0310          Printer Friendly (opens in new window/tab)



Title 

EVALUATION OF SCHOOL BOARD OPERATIONAL PROCEDURES

Policy Text 

The Board of Education shall review the effectiveness of its internal operations at least once annually. The Superintendent of Schools shall participate in this review and suggest ways by which the Board can improve its functioning as a deliberative and legislative body.

 
District Reference  ,
 
General Reference 
 
 
Adoption Date 2002-02-26
 
Last Revised 



Series: Series0000     Sub Series: 0300 Evaluations     Policy Number: 0320          Printer Friendly (opens in new window/tab)



Title 

EVALUATION OF SUPERINTENDENT

Policy Text 

The Board of Education shall evaluate the Superintendent each year in a manner consistent with fairness and good education practices.

The goal of the evaluation is to provide feedback to the Superintendent and the Board about areas of strength and areas for improvement.

The criteria and procedures for evaluation of the Superintendent will be on file annually by August 1st in accordance with Commissioner’s Regulations.

 
District Reference  ,
 
General Reference 

8 NYCRR §100.2(o)(2) 

 
 
Adoption Date 2002-02-26
 
Last Revised 



Series: Series0000     Sub Series: 0300 Evaluations     Policy Number: 0330          Printer Friendly (opens in new window/tab)



Title 

EVALUATION OF PROFESSIONAL STAFF

Policy Text 

The Board of Education establishes an annual professional performance review plan to improve instruction through the improvement of professional performance.

Objectives of Annual Professional Performance Review

• To sustain a positive view towards pedagogical improvement.

• To identify short and long range goals of the teacher, the administrator, and the school, and to improve upon the strengths and areas that need improvement in our teaching and administrative staffs.

• To produce students demonstrating continuous improvement in academic achievement as guided by the New York State Learning Standards.

Criteria and Procedures

Criteria for professional review will be developed according to Commissioner’s Regulations to reflect the best state of knowledge about teaching procedures, instruction, student learning, and administrative practice, as appropriate. Review procedures will include a description of the review activities, the methods used to record review results, and the processes used to implement the program and allow professionals the opportunity to comment on their review.

Professional review criteria and procedures will be outlined in the Annual Professional Performance Review (APPR) section of the Comprehensive District Education Plan (CDEP). The procedures and guidelines for formal observations and evaluations of teachers and administrators shall be those agreed to with the employee organization(s) representing such professional staff and set forth in their respective collective bargaining agreements.

 
District Reference  ,
 
General Reference 

Education Law §3031
8 NYCRR §100.2(o)(1) 

 
 
Adoption Date 2002-02-26
 
Last Revised 



Series: Series0000     Sub Series: 0300 Evaluations     Policy Number: 0340          Printer Friendly (opens in new window/tab)



Title 

EVALUATION OF SUPPORT STAFF

Policy Text 

The Board directs the Superintendent of Schools to develop standards and procedures for the annual evaluation of all support staff.

 
District Reference  ,
 
General Reference 
 
 
Adoption Date 2002-02-26
 
Last Revised 



Series: Series0000     Sub Series: 0300 Evaluations     Policy Number: 0350          Printer Friendly (opens in new window/tab)



Title 

EVALUATION OF INSTRUCTIONAL PROGRAMS

Policy Text 

The Superintendent of Schools shall develop standards and procedures for the evaluation of instructional programs.  The Board shall receive regular reports of the results of instructional program evaluations.

 
District Reference  ,
 
General Reference 

8 NYCRR §100.2(m)

 
 
Adoption Date 2002-02-26
 
Last Revised