0115 Student Harassment and Bullying Prevention and Intervention

The Board of Education is committed to providing an educational and working environment that promotes respect, dignity and equality. The Board recognizes that discrimination, such as harassment, hazing and bullying, are detrimental to student learning and achievement. These behaviors interfere with the mission of the district to educate its students and disrupt the operation of the schools. Such behavior affects not only the students who are its targets but also those individuals who participate and witness such acts.

To this end, the Board condemns and strictly prohibits all forms of discrimination, such as harassment, hazing and bullying on school grounds, school buses and at all school-sponsored activities, programs and events.  Discrimination, harassment, hazing or bullying that takes place at locations outside of school grounds, such as cyberbullying, which creates or can be reasonably expected to create a material and substantial interference with the requirements of appropriate discipline in the operation of the school or impinge on the rights of other students are prohibited and may be subject to disciplinary consequences

Definitions

Bullying: Bullying, under the amended Dignity for All Students Act, has the same meaning as harassment (see below).  The accompanying regulation provides more guidance regarding the definition and characteristics of bullying to help the school community recognize the behavior.

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

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

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

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

• Race (including traits historically associated with race, including, but not limited to, hair texture and protective hairstyles such as, but not limited to braids, locks and twists),
• color
• weight
• national origin
• ethnic group
• religion
• religious practice
• disability
• sex
• sexual orientation, or
• gender (including gender identity and expression).

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

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

In order to streamline the wording of this policy and regulation, the term bullying will be used throughout to encompass harassment, intimidation, cyberbullying and hazing behaviors.

Prevention

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

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

In order to implement this program, the Board will designate at its annual organizational meeting a Dignity Act Coordinator (DAC) for each school in the district.  One of the DAC’s will be designated as the district-wide coordinator.  The role of each DAC is to oversee and enforce this policy in the school to which they are assigned. 

The Health and Wellness Committee shall monitor and implement DASA regulations.

Intervention

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

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

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

Provisions for students who do not feel safe at school

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

The district recognizes that there is a need to balance accommodations, which enhance student safety against the potential to further stigmatize the targeted student.  Therefore, each case will be handled individually.  The student, parent/guardian and school administrator will collaborate to establish safety provisions that best meet the needs of the targeted student. 

Follow-up discussion and/or meetings will be scheduled, as needed, to ensure that safety concerns have been adequately addressed and to determine when and if accommodations need to be changed or discontinued. 

Incident Reporting and Investigation

Although it can be difficult to step forward, the district can’t effectively address bullying if incidents are not reported.  Students who have been bullied, parents whose children have been bullied or other students or staff who observe bullying behavior are encouraged and expected to make a verbal and/or written complaint to any school personnel in accordance with the training and guidelines provided. Staff who observe or learn of an incident(s) of bullying are required, in accordance with State law, to make an oral report to the Building DAC.  Appeals shall be forwarded to Mr. Matthew Matera, Dignity Act Coordinator/Assistant Superintendent for Administration, Central Islip School District, 50 Wheeler Road, Central Islip, NY 11722, email address: mmatera@centralislip.k12.ny.us and phone: (631) 348-5003 within one school day and to fill out the district reporting form within two school days.  Staff who are unsure of the reporting procedure are expected to ask their supervisors how to proceed. District may be deemed to have permitted unlawful discrimination or harassment if they fail to report an observed incident, whether or not the target complains.

At all times, complaints will be documented, tracked and handled in accordance with the regulations and procedures accompanying this policy, or, if applicable, 0100, Equal Opportunity and Nondiscrimination, or 0110, Sexual Harassment and the district’s Code of Conduct.  The Dignity Act Coordinator (DAC) will prepare a report for the Superintendent based on complaints filed.  Incidents will be included in the Violent and Disruptive Incident Reporting (VADIR) system when applicable.

An equitable and thorough investigation will be carried out by the Building DAC.  In addition, the results of the investigation will be reported back to both the target and the accused.  If either of the parties disagree with the results of the investigation, they can appeal the findings. 

Verified bullying incidents that meet the criteria established by the state will be included in the statewide reporting system when applicable, in accordance with law and regulation.

The Board has access to the annual VADIR report, as well as any other state-required report relevant to bullying and/or school climate, for each building and for the district as a whole.  Based on the review of the data, the Board may consider further action, including but not limited to modification of this policy and additional training.

Training

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

Disciplinary Consequences/Remediation

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

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

Non-Retaliation

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

Dissemination, Monitoring, Review, and Reporting

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

Each year, as part of the annual review of the Code of Conduct, this policy will be reviewed to assess its effectiveness and compliance with state and federal law.  If changes are needed, revisions will be recommended to the Board for its consideration.       

The Board has access to the annual VADIR report, for each building and for the district as a whole, with particular attention to the trends in the incidence of bullying.  In addition, the Board will receive on an annual basis a more detailed report of the number of bullying incidents that occur, disaggregated by school, student demographic information and type of incident.  Based on the review of the data, the Board may consider further action including but not limited to modification of this policy and additional training.

The district will ensure that reporting of information to the public will be in a manner that complies with student privacy rights under the Family Educational Rights and Privacy Act (FERPA).

Adoption date:  January 10, 2011
Revision date:   June 14, 2021

0115 Student Harassment and Bullying Prevention and Intervention

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Cross Reference:0100- Equal Opportunity and Nondiscrimination
0110- Sexual Harassment
4321- Programs for Students with Disabilities
5300- Code of Conduct
5710-Violent and Disruptive Incident Reporting
9700- Staff Development

Reference:Dignity for All Students Act, Education Law, §10 – 18
Americans with Disabilities Act, 42 U.S.C. §12101 et seq.
Title VI, Civil Rights Act of 1964, 42 U.S.C. §2000d et seq
Title VII, Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.; 34 CFR §100 et seq.
Title IX, Education Amendments of 1972, 20 U.S.C. §1681 et seq.
§504, Rehabilitation Act of 1973, 29 U.S.C. §794
Individuals with Disabilities Education Law, 20 U.S.C §§1400 et seq.
Executive Law §290 et seq. (New York State Human Rights Law)
Education Law §§313(3), 3201, 3201-a
Tinker v. DesMoines Independent Community School Dist., 393 US 503, (1969) Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)
Gebser v. Lago Vista Independent School District, 524 U.S, 274 (1998)
Faragher v. City of Boca Raton, 524 U.S. 775 (1998)
Burlington Industries v. Ellerth, 524 U.S. 742 (1998)
Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998)
Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992)
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)