Notice of Non-Discrimination

The Board of Education affirms its commitment to provide equal educational and employment opportunities in an environment which is free from discrimination, including harassment and intimidation and to comply with all applicable laws which prohibit unlawful discrimination. The Board prohibits and condemns all forms of unlawful discrimination, including harassment, on the basis of actual or perceived race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, age, marital status, military status, veteran status, disability, use of a recognized guide dog, hearing dog or service dog, pre-disposed  genetic  condition,    or  domestic  violence  victim  status  by  employees, volunteers, students, and non-employees, such as contractors and vendors, as well as any third parties who are participating in, observing, or otherwise engaging in activities subject to the supervision and control of the District.

The Board also prohibits harassment and/or retaliation based on an individual’s opposition to discrimination or participation in a related investigation or complaint proceeding under this policy or anti-discrimination statutes. This policy of nondiscrimination and antiharassment will be enforced on School 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 and in another state.

This policy applies to the dealings between or among employees with employees; employees with students; students with students; employees/students with vendors/contractors and others who do business with the School District, as well as school volunteers, visitors, guests and other third parties. All of these persons are hereinafter referred to collectively as “the named group.”

It is a violation of this policy for District students or employees (including contractors) to engage in behavior that subjects any student, employee or applicant for employment to discrimination and/or harassment at a school/worksite location or in connection with an education or work-related function on the basis of any of the above-noted grounds where such conduct:

1. adversely affects any aspect of a student’s educational opportunities, including the opportunity to participate in school activities;
2. adversely affects any aspect of an employee’s/applicant’s employment or the compensation, terms, conditions or privileges of employment; or
3. creates a hostile, offensive, or intimidating educational or work environment.

It is also a violation of this policy for District employees to engage in unlawful discriminatory behavior and/or harassment with respect to applicants for employment and other individuals who do business with the District.

Discrimination refers to the treatment or consideration of, or making a distinction in favor of or against, a person based on the group, class, or category to which that person belongs, rather than on individual merit. Discrimination can occur in individual circumstances or as the result of an established practice which has the effect of conferring privileges on a certain class or denying privileges to a certain class because of criteria such as age, race, color, sex, religion, national origin, or disability.

Discrimination is the unequal treatment of an individual (or group) for a reason which has nothing to do with legal rights or ability. Federal and state laws prohibit discrimination based on several characteristics, including race, color, national origin, sex, disability, gender and other characteristics.

Unlawful discrimination also includes harassment, including sexual harassment and/or sexual violence. Discrimination might mean that a person, or a group of persons, are excluded from a place or an activity, or are being denied benefits and/or services afforded others based on protected characteristics such as race, color, national origin, sex, and/or disability.

For purposes of this policy, harassment shall mean communication (verbal, written, electronic or graphic) and/or physical conduct based on an individual’s actual or perceived race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, age, marital status, military status, veteran status, disability, use of a recognized guide dog, hearing dog or service dog, pre-disposed genetic condition, or domestic violence victim status that:

• a) Has the purpose or effect of substantially or unreasonably interfering with an individual’s work performance or is used as a basis for employment decisions (including terms and conditions of employment) affecting such individual; and/or creates an intimidating, hostile or offensive work environment;
• b) Has the purpose or effect of substantially or unreasonably interfering with a student’s academic performance or participation in an educational or extracurricular activity, or creates an intimidating, hostile or offensive learning environment; and/or effectively bars the student’s access to an educational opportunity or benefit;
• c) Otherwise adversely affects the employment and/or educational opportunities and benefits provided by the District.

While employees have the responsibility to abide by the policies and regulations of the district and in accordance with the provisions of General Municipal Law and the collective bargaining agreements, all District personnel shall have the opportunity to present their complaints or grievances free from interference, coercion, restraint, discrimination or retaliation.

Complaints or grievances NOT covered under employee contracts, including Title IX, 504, and Civil Rights, shall be handled and resolved, whenever possible, with the immediate supervisor. The Superintendent is responsible for implementing regulations for the redress of complaints or grievances through proper administrative channels.

While students have the responsibility to abide by the policies and regulations of the District, they shall also be afforded opportunity to present complaints and grievances free from interference, coercion, restraint, discrimination or retaliation.

Administration shall be responsible for establishing rules and regulations for the redress of complaints or grievances through proper administration channels. In addition, the administration shall be responsible for developing an appeals process, ensuring that students have full understanding and access to these regulations and procedure, and providing prompt, thorough and equitable consideration and determination of student complaints and grievances.

The  School  District will  act  to  promptly  investigate and/or respond appropriately to all  complaints,  either  verbal, electronic  or written, formal or informal, of allegations of unlawful harassment based on any of the characteristics described above; and will promptly take appropriate action to protect individuals from retaliation and/or further discrimination or harassment. The District will designate, at a minimum, two (2) Compliance Officers, one of each gender.

In order for the Board to enforce this policy, and to take corrective measures as may be necessary, it is essential that any employee, student, or other member of the above named group who believes he/she has been a victim of harassment in the school environment and/or at programs, activities and events under the control and supervision of the District, as well as any individual who is aware of and/or who has knowledge of, or witnesses any possible occurrence of harassment, immediately report such alleged harassment. Such report shall be directed to or forwarded to the District’s designated Compliance Officer(s) through informal and/or formal complaint procedures as developed by the District. Such complaints are recommended to be in writing, although verbal complaints of alleged harassment will also be promptly investigated in accordance with the terms of this policy. In the event that the Compliance Officer is the alleged offender, the report will be directed to the next level of supervisory authority.

Upon receipt of an informal/formal complaint (even an anonymous complaint), the District will conduct a prompt, equitable and thorough investigation and respond appropriately. However, even in the absence of an informal/formal complaint, if the District has knowledge of any occurrence of unlawful discrimination, the District will conduct a prompt and thorough investigation and respond appropriately. To the extent possible, within legal constraints, all complaints will be treated as confidentially and privately as possible. However, disclosure may be necessary to complete a thorough investigation of the charges and/or to notify law enforcement officials as warranted, and any disclosure will be provided on a “need to know” basis. The District Superintendent will inform the Board of Education of investigations involving findings of discrimination or harassment.

Based upon the results of this investigation, if the District determines that an employee and/or student has violated the terms of this policy and/or accompanying regulations, immediate corrective action will be taken as appropriate. Should the offending individual be a student, appropriate disciplinary measures will be applied, up to and including suspension, in accordance with applicable laws and/or regulations, District policy and regulation, and the District Code of Conduct. Should the offending individual be a school employee, appropriate disciplinary measures will be applied, up to and including termination of the offender’s employment, in accordance with legal guidelines, District policy and regulation, and the applicable collective bargaining agreement(s). Third parties (such as school volunteers, vendors, etc.) who are found to have violated this policy and/or accompanying regulations and/or the Code of Conduct, will be subject to appropriate sanctions as warranted and in compliance with law. The application of such disciplinary measures by the District does not preclude the filing of civil and/or criminal charges as may be warranted.

Retaliation is a separate and distinct violation of this policy. 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 unlawful discrimination. Follow-up inquiries shall be made to ensure that unlawful discrimination has not resumed and that all those involved in the investigation of the harassment complaint have not suffered retaliation. Any student or staff who believes that intimidation or retaliation has occurred or is occurring should make a report to one of the District’s Compliance Officers, so that an investigation and any necessary corrective action can be undertaken.

An alleged harasser may be found to have violated this anti-retaliation provision even if the underlying complaint of unlawful discrimination/harassment is not found to be a violation of this policy. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. It may be redressed through application of the same reporting, investigation, and enforcement procedures as for unlawful discrimination/ harassment.

At any level/stage of investigation of alleged harassment, if a determination is made that harassment did not occur, the Compliance Officer will so notify the complainant, the alleged offender and the Superintendent of this determination. Such a finding does not preclude the complainant from filing an appeal pursuant to District policy or regulation and/or pursuing other legal avenues of recourse.

However, even if a determination is made that harassment did not occur, the Superintendent/designee reserves the right to initiate staff awareness and training, as applicable, to help ensure that the school community is not conducive to fostering harassment in the workplace.

Employees and/or students who knowingly make false accusations against another individual as to allegations of discrimination or harassment may also face appropriate disciplinary action.

Because of the damage that can be done to someone falsely accused, any individual who in bad faith knowingly makes a false complaint or report of unlawful discrimination, harassment or retaliation will be subject to disciplinary action up to and including suspension or termination in accordance with legal guidelines, District policy, and any applicable collective bargaining agreement(s). The term “false report” refers only to those made in bad faith and does not include a complaint that could not be corroborated or which did not rise to the level of unlawful discrimination, harassment or retaliation.

As part of any investigation, the District has the right to search all school property and equipment including District computers. Rooms, desks, cabinets, lockers, computers, etc. are provided by the District for the use of staff and students, but the users do not have exclusive use of these locations or equipment and should not expect that materials stored therein will be private.

The Civil Rights Compliance Officers shall be appointed by the Board and shall be responsible for providing information, including complaint procedures, and for handling complaints relative to civil rights statutes (e.g., Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990) for any student, parent, employee or employment applicant.

Prior to the beginning of each school year, the District shall issue an appropriate public announcement which advises students, parents/guardian, employees and the general public of the District’s established grievance procedures for resolving complaints of unlawful discrimination. Included in such announcement will be the name, address and telephone number of the Civil Rights Compliance Officers.

The Civil Rights Compliance Officers shall also be responsible for handling complaints and grievances regarding unlawful discrimination described in this policy and set forth in applicable law and regulations.

Regulations will be developed for reporting, investigating, and remedying allegations of harassment based on the characteristics described above. An appeal procedure will also be provided to address any unresolved complaints and/or unsatisfactory prior determinations by the applicable Compliance Officer(s). Such regulations will be developed in accordance with federal and state law as well as any applicable collective bargaining agreement(s).

The Superintendent/designee(s) will affirmatively discuss the topic of harassment with all employees and students, express the District’s condemnation of such conduct, and explain the sanctions for such harassment. Appropriate training and/or “awareness” programs will be established for staff and students to help ensure knowledge of and familiarity with the issues pertaining to harassment in the schools, and to disseminate preventative measures to help reduce such incidents of prohibited conduct. Furthermore, special training will be provided for designated supervisors and managerial employees, as may be necessary, for the investigation of harassment complaints.

A copy of District policy and accompanying regulations pertaining to unlawful discrimination, including harassment, will be posted on the website; will be published in appropriate school publications such as teacher/employee handbooks, student handbooks, and/or school calendars; and may be posted at various locations in each school building. A copy of District policy and regulations pertaining to prohibition of unlawful discrimination, including harassment, will be available upon request at the District Central Office.

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, inappropriate behavior, and/or hate crimes within this District. It is the intent of the District that all such policies and/or regulations be read consistently and in conjunction to provide the highest level of protection from unlawful discrimination in the provision of employment/educational services and opportunities. However, different treatment of any member of the above named group which has a legitimate, legal and nondiscriminatory reason shall not be considered a violation of District policy.

• Age Discrimination in Employment Act, 29 United States Code (USC)
• Section 621
• Americans With Disabilities Act, 42 United States Code (USC) Section 12101 et seq.
  – Prohibits discrimination on the basis of disability.
• Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq.
  – Prohibits discrimination on the basis of disability.
• Title VI of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000d et seq.
  – Prohibits discrimination on the basis of race, color or national origin.
• Title VII of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000e et seq.
  – Prohibits discrimination on the basis of race, color, religion, sex or national origin.
• Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section
• 1681 et seq.
  – Prohibits discrimination on the basis of sex.
• Civil Rights Law Section 40
  – Prohibits discrimination on the basis of race, creed, color, national origin, sex, sexual orientation, marital status or disability.
• Civil Service Law Section 75-B
  Education Law Section 2801(1) Executive Law Section 290 et seq.
  – Prohibits discrimination on the basis of age, race, creed, color, national origin, sex, sexual orientation, disability, military status, marital status, use of a recognized guide dog, hearing dog or service dog, or domestic violence victim status. Military Law Sections 242 and 243

NOTE: Refer also to Policies 

• 1501 Anti-Harassment in the School
• 4004 Peer Abuse/Cyberbullying
• 6005 Complaints & Grievances by Employees
• 6000 Equal Employment Opportunity
• Adopted: June 10, 1998
• Amended: January 4, 2012
• Amended: May 10, 2017