The Board of Education is committed to creating and maintaining an environment which is free from discrimination and harassment in its education programs and activities and when making employment decisions. Accordingly, the Board prohibits discrimination and harassment on the basis of race, color, creed, religion (including attire, clothing or facial hair worn as a form of religious observance), national origin, sex, sexual orientation, gender expression or identity, age, disability, citizenship or immigration status, military status, predisposing genetic characteristics, familial status, marital status, status as a victim of domestic violence, or other legally protected category.
Such actions and occurrences are prohibited regardless of whether they take place on school district property or at school functions or activities held at other locations, and include instances which occur off school property, but which can reasonably be expected to materially and substantially disrupt the educational process.
This policy outlines the District’s general approach to addressing complaints of discrimination and/or harassment. This policy applies to the dealings between or among the following parties on school property and at school functions: students, employees (including applicants for employment); volunteers; paid or unpaid interns; anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or other person providing services pursuant to a contract in the workplace; volunteers; and visitors or other third parties.
Other District policies and documents such as regulations, procedures, collective bargaining agreements, and the District’s Code of Conduct may address misconduct related to discrimination and/or harassment and may provide for additional, different, or more specific grievance procedures depending on a number of factors including, but not limited to, who is involved, where the alleged discrimination and/or harassment occurred, and the basis of the alleged discrimination and/or harassment. These documents must be read in conjunction with this policy.
The dismissal of a complaint under one policy or document does not preclude action under another related District policy or document.
Inquiries about this policy may be directed to the District’s Civil Rights Compliance Officer(s) (CRCO(s)).
What Constitutes Discrimination and Harassment
Determinations as to whether conduct or occurrences constitute discrimination and/or harassment for the purposes of this Policy and its implementing Administrative Regulations will be made consistent with applicable law. Such determinations may depend upon a number of factors, including but not limited to: the particular conduct or occurrence at issue, the ages of the parties involved, the context in which the conduct or occurrence takes place, the relationship of the parties to one another, the category or characteristic that is alleged to have been the basis for the action or occurrence, and other considerations as are necessary and consistent with law. The characterizations and examples below are intended to serve as a general guide for individuals in determining whether to file a complaint of discrimination or harassment, and should not be construed to add or limit the rights individuals and entities possess as a matter of law.
Generally stated, discrimination consists of the differential treatment of a person or group of people on the basis of their membership in a protected class. Discriminatory actions may include, but are not limited to: refusing to promote or hire an individual on the basis of their membership in a protected class, denying an individual access to facilities or educational benefits on the basis of their membership in a protected class, or impermissibly instituting policies or practices that disproportionately and adversely impact members of a protected class.
Generally stated, harassment consists of subjecting an individual, on the basis of their membership in a protected class, to unwelcome verbal, written, or physical conduct which may include, but is not limited to: derogatory remarks, signs, jokes, or pranks; demeaning comments or behavior; slurs; mimicking; name calling; graffiti; innuendo; gestures; physical contact; stalking; threatening; bullying; extorting; or the display or circulation of written materials or pictures.
This conduct may, among other things, have the purpose or effect of: subjecting the individual to inferior terms, conditions, or privileges of employment; creating an intimidating, hostile, or offensive environment; substantially or unreasonably interfering with an individual’s work or a student’s educational performance, opportunities, benefits, or well-being; or otherwise adversely affecting an individual’s employment or educational opportunities.
Under New York State Human Rights Law (NYSHRL), discrimination or harassment does not need to be severe or pervasive to be illegal. It can be any discriminatory or harassing behavior that rises above petty slights or trivial inconveniences. Every instance of discrimination or harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior. However, NYSHRL specifies that whether discriminatory or harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics.
Civil Rights Compliance Officer (CRCO)
The District will designate one or more individuals to serve as Civil Rights Compliance Officer (CRCO). The CRCO(s) will be responsible for coordinating the District’s efforts to comply with and carry out its responsibilities regarding non-discrimination and anti-harassment, including investigations of complaints alleging discrimination, harassment, or the failure of the District to comply with its obligations under relevant non-discrimination and anti-harassment laws and regulations (e.g., the Americans with Disabilities Act, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973).
Prior to the beginning of each school year, the District shall issue an appropriate public announcement or publication which advises students, parents/guardians, employees and other relevant individuals of the District’s established grievance procedures for resolving complaints of discrimination and/or harassment. Included in such announcement or publication will be the contact information of the CRCO(s). Various District polices and documents address discrimination and harassment. All complaints will be handled in accordance with the applicable District policies and/or documents.
Reporting Allegations of Discrimination and/or Harassment
The District will act to promptly, thoroughly, and equitably investigate all complaints, whether verbal or written, of discrimination and/or harassment based on any of the characteristics described above, and will promptly take appropriate action to protect individuals from further
discrimination or harassment. In the event an anonymous complaint is filed, the District will respond to the extent possible.
Anyone who experiences, witnesses, or becomes aware of potential instances of discrimination or harassment is encouraged to report the behavior to a supervisor, building principal, other administration or the CRCO(s). All reports will be directed or forwarded to the District’s designated CRCO(s). Such complaints are recommended to be in writing, although verbal complaints of discrimination or harassment will also be promptly investigated in accordance with applicable law and District policy and procedure. In the event the CRCO is the alleged offender, the report will be directed to another CRCO, if the District has designated another individual to serve in such a capacity, or to the Superintendent.
To the extent possible, all complaints will be treated as confidential. Disclosure may, however, be necessary to complete a thorough investigation of the charges and/or notify law enforcement officials.
The determination as to which District policies and/or documents are applicable is fact specific, and the CRCO(s) may work with other District staff such as the District’s Dignity Act Coordinator (DACs) or Title IX Coordinator(s) to determine which District policies/and or documents are applicable to the specific facts of the complaint.
If an investigation reveals that discrimination or harassment has occurred, the District will take immediate corrective action as warranted. Such action will be taken in accordance with applicable laws and regulations, as well as any and all relevant codes of conduct, District policies and administrative regulations, collective bargaining agreements, and/or third-party contracts, or other document such as the District’s Code of Conduct.
Knowingly Makes False Accusations
Any employee or student who knowingly makes false accusations against another individual as to allegations of discrimination and/or harassment will face appropriate disciplinary action.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participated in the investigation of a complaint of discrimination and/or harassment. Complaints of retaliation may be directed to the CRCO(s). In the event the CRCO is the alleged offender, the report will be directed to another CRCO, if the District has designated another individual to serve in such a capacity, or to the Superintendent.
Where appropriate, follow-up inquiries will be made to ensure that discrimination and/or harassment has not resumed and that those involved in the investigation have not suffered retaliation.
Any District employee who retaliates against anyone involved in a discrimination and/or harassment investigation will face disciplinary action, up to and including termination.
Additional Provisions
Regulations will be developed for reporting, investigating, and remedying allegations of discrimination and/or harassment.
In order to promote familiarity with issues pertaining to discrimination and/or harassment in the schools, and to help reduce incidents of prohibited conduct, the District will provide appropriate information and/or training to staff and students. As may be necessary, special training will be provided for individuals involved in the investigation of discrimination and/or harassment complaints.
A copy of this policy and its accompanying regulations will be available upon request and will be posted and/or published in appropriate locations and/or school publications.
This policy should not be read to abrogate other District policies and/or regulations or the District Code of Conduct prohibiting other forms of unlawful discrimination, harassment, and/or inappropriate behavior within this District. It is the intention of the District that all such policies and/or regulations be read consistently to provide protection from unlawful discrimination and harassment. However, different treatment of any individual which has a legitimate, legal, and non-discriminatory reason shall not be considered a violation of District policy.
Age Discrimination in Employment Act, 29 USC Section 621
Americans with Disabilities Act, 42 USC Section 12101 et seq.
Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794 et seq.
Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d et seq.
Title VII of the Civil Rights Act of 1964, 42 USC Section 2000e et seq.
Title IX of the Education Amendments of 1972, 20 USC Section 1681 et seq.
Education Law Section 2801(1)
Executive Law Section 290 et seq.
NOTE: Refer also to Policies #6120 — Equal Employment Opportunity
#3421 — Title IX and Sex Discrimination
#6121 — Sexual Harassment in the Workplace
#7550 — Dignity for All Students
#7551 — Sexual Harassment of Students
#7554 – Equal Educational Opportunities
Adopted May 24, 2016
Updated September 10, 2019
Updated January 14, 2020
Updated Feb. 11, 2025