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HARASSMENT HAZING AND BULLYING REGULATION

0110-R

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

Definition – Sexual Harassment

"Sexual harassment" is defined as unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:

1.        submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of an employee's employment or 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

2.        submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting an employee's employment or a student's education; or

3.               the conduct or communication has the purpose or effect of substantially or unreasonably interfering with an employee's work performance or a student's academic performance or participation in school-sponsored activities, or creating an intimidating, hostile or offensive working or educational environment.

 Definition - Hazing

“Hazing” means committing an act against a student, or coercing a student into committing an act, that creates a substantial risk of harm to a person, in order for the student to be initiated into or affiliated with a student organization, or for any other purpose.  The term hazing includes, but is not limited to:

1.      Any humiliating or dangerous activity expected of a student to join a group, regardless of the student’s willingness to participate when the conduct has the potential to endanger the mental or physical health or safety of a student.

2.      Any hurtful, aggressive, destructive or disruptive behavior such as physical touching, striking, whipping, sleep deprivation, confinement in a restricted area, calisthenics or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.

3.      Substance Abuse – any use or abuse of tobacco, alcohol or illegal drugs that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.

4.      Any activity that intimidates or threatens the student with ostracism, that subjects a student to mental stress, embarrassment, shame or humiliation, that adversely affects the mental health or dignity of the students or discourages the student from remaining in school.

5.      Any activity that causes or requires the student to perform a task or act that involves violation of state or federal law or of school district policies or regulations.

Definition –Bullying

“Bullying” consists of inappropriate behavior including threats, or intimidation of others, treating others cruelly, terrorizing, coercing, or habitual badgering others.  Bullying, similar to all forms of harassment and hazing, are prohibited behaviors.

Application

            This regulation applies to all students, employees, consultants or independent contractors, volunteers, vendors, or other third-parties with access to the schools.

Unwelcome Conduct

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

Unacceptable Conduct

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

 1.       rape, attempted rape, sexual assault, attempted sexual assault, forcible or voluntary sexual abuse, hazing, and other sexual and gender-based activity of a criminal nature as defined under the State Penal Law;

 2.       unwelcome sexual invitations or requests for sexual activity in exchange for:  favorable or unfavorable treatment or grades, promotions, preferences, favors, selection for extracurricular activities or job assignments, homework, etc.;

 3.       unwelcome and offensive public sexual display of affection, including kissing, making out, groping, fondling, petting, inappropriate touching of one's self or others, sexually suggestive dancing, and massages;

4.               any unwelcome communication that is sexually suggestive, degrading 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-oriented computer files, messages or games, etc.;

5.        unwelcome and offensive name calling or profanity

6.        unwelcome physical contact or closeness that is sexually suggestive, sexually degrading, 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, hugs, etc.;

7.        unwelcome and sexually offensive physical pranks or touching of an individual's clothing, such as hazing and initiation, "streaking," "mooning," "snuggies" or "wedgies" (pulling underwear up at the waist so it goes in between the buttocks), bra-snapping, skirt “flip-ups,” “spiking” (pulling down someone's pants or swimming suit); pinching; placing hands inside an individual's pants, shirt, blouse, or dress, etc.;

8.        unwelcome leers, stares, gestures, or slang that are sexually suggestive; sexually degrading or imply sexual motives or intentions;

9.        clothing with sexually obscene or sexually explicit slogans or messages;

10.      unwelcome and offensive skits, assemblies, and productions that are sexually suggestive, sexually degrading, or that imply sexual motives or intentions, or that are based on sexual stereotypes;

11.      unwelcome written or pictorial display or distribution of pornographic or other sexually explicit materials such as magazines, videos, films, Internet material, etc.;

12.           any other unwelcome gender-based behavior that is offensive, degrading, intimidating, demeaning, or that is based on sexual stereotypes and attitudes.

13.           any humiliating or dangerous activity expected of a student to join a group, regardless of the student’s willingness to participate (conduct has the potential to endanger the mental or physical health or safety of a student).

14.           any hurtful, aggressive, destructive or disruptive behavior such as striking, whipping, sleep deprivation, confinement in a restricted area, calisthenics or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.

15.           substance abuse – any use or abuse of tobacco, alcohol or illegal drugs.

16.           any activity that intimidates or threatens the student with ostracism, that subjects a student to mental stress, embarrassment, shame or humiliation, that adversely affects the mental health or dignity of the students or discourages the student from remaining in school.

17.           any activity that causes or requires the student to perform a task or act that involves violation of state or federal law or of school district policies or regulations.

Determining if Prohibited Conduct is Hazing, Bullying, and/or Sexual Harassment

Complaints of hazing, bullying, and/or 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 hazing, bullying, and/or sexual harassment and should therefore be treated as hazing and/or sexual harassment. 

Not all unacceptable conduct with sexual connotations may constitute sexual harassment. Other than quid pro quo situations (where the alleged harasser offers academic or employment 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.

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

1.        the degree to which the conduct affected the ability of the student to participate in or benefit from his or her education or altered the conditions of the student's learning environment or altered the conditions of the employee's working environment;

2.        the type, frequency and duration of the conduct

3.        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 another student or a co-worker);

4.        the number of individuals involved;

5.               the age and sex of the alleged harasser and the subject of the harassment;

6.               the location of the incidents and context in which they occurred;

7.               other incidents at the school; and

8.               incidents of gender-based, but non-sexual harassment.

Reporting Complaints                                                                                                                                                                                                                                                                                               

Any person who believes he or she has been the victim or subject of hazing, bullying, and/or sexual harassment by a student, district employee or third party related to the school is required to report complaints as soon as possible after the incident.  It is an expectation that any individual witnessing hazing, bullying, or sexual harassment shall report this incident.  Employees must report any incidents they observe, and where appropriate, intervene to stop such activities.

Prompt reporting enables the district to effectively investigate and resolve the complaint. complainants are encouraged to submit the complaint in writing; however, complaints may be filed verbally.  The principal or designee will complete a written report on the complaint.

           Complaints should be filed with the Principal or with the Title IX Officer.  Any school employee who receives a complaint of sexual harassment, bullying, or hazing from a student shall inform the student of the employee’s obligation to report the complaint to the school administration, and then shall immediately notify the Principal.

In order to assist investigators, complainants should document the harassment as soon as it occurs and with as much detail as possible including: the nature of the harassment; specifically what was said or done, and by whom; dates, times, places it has occurred; name of harasser(s); witnesses to  the harassment; and the complainant's response to the harassment.  A District complaint form is available in all District facilities.  Whenever possible, complaints should be made on this form.  A copy is appended to this regulation.

           Upon receipt of a complaint, the District will provide the complainant with a copy of the Board Policy on Sexual Harassment, Hazing and Bullying and this administrative regulation.

Confidentiality

It is district policy to respect the privacy of all parties and witnesses to complaints of hazing and/or 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 or as required by law.  The staff member responsible for investigating complaints will discuss confidentiality standards and concerns with all complainants.

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

1.        the request may limit the district's ability to respond to his/her complaint;

2.        district policy and federal and state law prohibit retaliation against complainants and witnesses;

3.        the district will take measures to prevent any retaliation; and

4.        the district will take strong 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, bullying and/or hazing and does not preclude the district from taking action to prevent the harassment, bullying and/or hazing of other students or employees.

Investigation and Resolution Procedure

A. Initial (Building-level) Procedure

The Principal shall conduct a preliminary review when they receive a verbal or written complaint of hazing, bullying, and/or sexual harassment, or if they or other responsible individuals observe hazing, bullying, and/or sexual harassment.  Except in the case of severe or criminal conduct, the Principal 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 hazing, bullying, and/or harassment and obtain a prompt and equitable resolution to a complaint.  All reports should be forwarded to the Title IX Officer.

As soon as possible but no later than three working days following receipt of a complaint, the Principal should begin an investigation of the complaint according to the following steps:

1.        Interview the complainant and document the conversation. Instruct the complainant to have no contact or communication regarding the complaint with the alleged harasser or others.  Ask the complainant specifically what action he/she wants taken in order to resolve the complaint. Ask the complainant to fill out a complaint form and give him/her a copy of this policy and regulation.  Refer the complainant, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services.

2.        Review any written documentation of the hazing, bullying, and/or harassment prepared by the complainant. If the complainant has not prepared written documentation, instruct the complainant to do so, providing alternative formats for individuals with disabilities and young children, who have difficulty writing and need accommodation.  If someone other than the complainant prepares the complaint, the complaint should be reviewed and signed, as appropriate, by the complainant.  Determine whether there is any physical or other evidence of the harassment in the complainant’s possession (i.e., notes, recordings, diaries, presents, or objects).

3.        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.

4.        Instruct the alleged harasser to have no contact or communication regarding the complaint with the complainant and to not retaliate against the complainant.  Warn the alleged harasser that if he/she makes contact with or retaliates against the complainant, he/she will be subject to immediate disciplinary action.

5.        Interview any witnesses to the complaint.  Where appropriate, obtain a written statement from each witness.  Caution each witness to keep the complaint and his/her statement confidential.

6.        Review all documentation and information relevant to the complaint.

7.        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:

a.          discussion with the accused, informing him or her of the district's policies and indicating that the behavior must stop;

b.         suggesting counseling 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 complainant;

e.     writing letters of counseling;

f.           Referral or consideration of disciplinary action; and/or

g.          Separating the parties.

8.        Parent/Student/Employee Involvement and Notification

a.     Parents of student complainants shall be notified within one school day of allegations that are serious or involve repeated conduct.

b.     The parents of students who file serious complaints are encouraged to participate at each stage of both informal and formal investigation and resolution procedures.

c.     If either the complainant or the accused is a disabled 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 shall be followed.

d.     The Principal shall submit a copy of all investigation and interview documentation to the Superintendent or his/her designee.

e.     At the conclusion of the investigation the principal or designee shall report back to both the complainant 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 shall instruct the complainant to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliates against him/her.

f.      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 other district level representative.  The investigator shall also notify the complainant of his/her right to contact the U.S. Department of Education's Office for Civil Rights and/or a private attorney. Employees may also contact the U.S. Equal Employment Opportunity Commission or the New York State Division of Human Rights.

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

If a complaint received by the Principal 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 or employment reward or punishment as an inducement for sexual favors), or acts which shock the conscience of a reasonable person, the complaint shall be referred promptly to the Superintendent or other district level representative.  In addition, where the Principal has a reasonable suspicion that the alleged hazing and/or harassment involves criminal activity, he/she should immediately notify the Superintendent, who shall then contact appropriate child protection and law enforcement authorities.  Where criminal activity or other serious harassment is alleged or suspected by a district employee, the accused

employee shall 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 may request a district-level investigation by submitting a written appeal to the Superintendent within 30 days.  An appeal form is attached to this administrative regulation.

B. District-level Procedure

The Superintendent or his/her designee shall promptly investigate and resolve all serious (severe or criminal conduct) hazing, bullying,  and/or sexual harassment complaints. In the event the complaint of sexual harassment involves the Superintendent, the complaint shall be filed with or referred to the Board President, who shall refer the complaint to an 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, bullying,  or hazing 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.

Not later than 30 days following receipt of the complaint, the Superintendent (or in cases involving the Superintendent, the Board-appointed investigator) will notify the complainant and alleged harasser, in writing, whether the complaint is founded or unfounded.  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 complainant and the alleged harasser have the right to be represented by a person of their choice, at their own expense, during the investigations and hearings.  In addition, student complainants have the right to file sexual harassment complaints with the U.S. Department of Education's Office for Civil Rights.

Employee complainants also have the right to register complaints with the federal Equal Employment Opportunity Commission and the New York State Division of Human Rights.  Nothing in these regulations shall be construed to limit the right of the complainant to file a lawsuit in either state or federal court.

Retaliation Prohibited

Any act of retaliation against any person who opposes hazing, bullying, or sexually harassing behavior, or who has filed a complaint, is prohibited and illegal. Any acts of retaliation will be subject to disciplinary action. Retaliation against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a hazing, bullying, and/or sexual harassment complaint is prohibited.  For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats/assaults, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, harassing internet use, and any other form of harassment. Any student who retaliates is subject to immediate disciplinary action, up to and including permanent suspension from school.   Any employee who retaliates is subject to immediate disciplinary action, up to and including suspension or termination from employment.

Discipline/Penalties

Any individual who violates the hazing, bulling, and/or sexual harassment policy 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 permanent suspension from school, to be imposed consistent with the student conduct and discipline policy including the athletic 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.

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 shall be informed of this policy in student and employee handbooks and student registration materials.  A poster summarizing the policy shall also be posted in a prominent location at each school.  Information shall be made available on each school bus in the district. All secondary school student body officers shall receive district training about the policy at the beginning of each school year for the purpose of serving as peer resources to other students in the school.

All new employees shall receive information about this policy and regulation at new employee orientation.  All other employees shall be provided information at least once a year regarding this policy and the district's commitment to a harassment-free learning and working environment. Principals, Title IX coordinators, and other administrative employees who have specific responsibilities for investigating and resolving complaints of hazing and/or sexual harassment shall receive yearly training on this policy, regulation and related legal developments.

             Principals in each school and program directors shall be 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 complainant.