Code of Conduct: Prohibited Student Conduct - Fonda-Fultonville Central Schools

The Board of Education expects all students to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of other students, District personnel and other members of the school community, and for the care of school facilities and equipment.

The best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their misbehavior. District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ ability to grow in self-discipline.

The Board recognizes the need to make its expectations for student conduct while on school property or engaged in a school function specific and clear. The rules of conduct listed below, and in Appendix “A,” are intended to do that and focus on safety and respect for the rights and property of others. Students who will not accept responsibility for their own behavior and who violate these school rules will be required to accept the penalties for their conduct.

Students may be subject to disciplinary action, up to and including suspension from school, when they:

A. Engage in conduct that is disorderly.

Examples of disorderly conduct include but are not limited to:

Running in hallways.
Making unreasonable noise.
Using language or gestures that are profane, lewd, vulgar or abusive.
Obstructing vehicular or pedestrian traffic.
Engaging in any willful act that disrupts the normal operation of the school community.
Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.
Computer/electronic communications misuse, including any unauthorized use of computers, software, or internet/intranet account; accessing inappropriate websites; or any other violation of the District’s acceptable use policy.
Use of cell phones, personal cameras, IPODS and other electronic communication devices during the course of the school day, from the beginning of the school day to dismissal.(With the exception of lunch period, and if incorporated into a specific lesson by the teacher). These devices must be turned off during the course of the regular school day as defined above. If visible or in use, these devices will be subject to confiscation.
Video/Pictures are not to be taken of students/staff without their consent. All picture taking is prohibited in bathrooms and locker rooms at any time. Any inappropriate video/picture taking will be subject to discipline.

B. Engage in conduct that is insubordinate.

Examples of insubordinate conduct include:

Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.
Lateness for, missing or leaving school without permission.
Skipping detention.

C. Engage in conduct that is disruptive.

Examples of disruptive conduct include:

Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.

D. Engage in conduct that is violent. Examples of violent conduct include:

Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator or other school employee or attempting to do so.
Committing an act of violence (such as hitting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or attempting to do so.
Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.
Displaying what appears to be a weapon.
Threatening to use any weapon.
Intentionally damaging or destroying the personal property of a student, teacher, administrator, other District employee or any person lawfully on school property, including graffiti or arson.
Intentionally damaging or destroying school District property.

NOTE: In accordance with the Gun-Free Act, a student in possession of a firearm is subject to a minimum of a one-year suspension.

E. Engage in any conduct that endangers the safety, morals, health or welfare of others.

Examples of such conduct include:

Lying to school personnel.
Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function.
Defamation that includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.
Discrimination that includes the use of race, color, creed, national origin, religion, gender, sexual orientation or disability as a basis for treating another in a negative manner.
Verbal or physical harassment, that includes a sufficiently severe action or a persistent, pervasive pattern of actions or statements directed at an identifiable individual or group that are intended to be or that a reasonable person would perceive as ridiculing or demeaning. This includes sexual harassment as defined in the District’s Sexual Harassment Policy #6121/7531.
Intimidation that includes engaging in actions or statements that put an individual in fear of bodily harm.
Hazing, that includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club or team.
Selling, using or possessing obscene material.
Using vulgar or abusive language, cursing or swearing.
Smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco.
Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either. “Illegal substances” include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, synthetic cannabinoid products, and any substances commonly referred to as “designer drugs.”
Inappropriately using, selling, distributing, exchanging or sharing prescription drugs and over-the- counter medicines.
Gambling.
Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.
Initiating a report warning of fire, a bomb threat or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.
Committing other infractions included in the SED VADIR glossary or violent disruptive behavior such as arson, assault, homicide or sex offenses.
Inappropriate physical contact of a sexual nature.
The use of spray paint for other than instructional purposes.

F. Engage in misconduct while on a school bus.

It is crucial for students to behave appropriately while riding on District buses to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving and fighting will not be tolerated.

G. Engage in any form of academic misconduct.

Examples of academic misconduct include:

Plagiarism.
Cheating.
Copying.
Altering records.
Assisting another student in any of the above actions.

Notice of minimum behavioral conduct standard prior to the denial of attending a student dance including but not limited to homecoming, winter ball, senior banquet, and junior prom:

Students attending school dances must abide by all school policies and the extracurricular code of conduct. Any student that has been assigned more than five (5) days of Out-of-School suspension (a single incident that lead to an extended OSS) or has an accumulation of more than five (5) days of OSS (as a result of multiple suspensions) by the date of the scheduled event, will not be permitted to attend.

H. Student Harassment and Bullying Prevention and Intervention

The Board of Education is committed to creating and maintaining a learning atmosphere which is respectful and supportive. Providing a safe school environment where all students and employees, without exception, are treated with respect and dignity, and are free from bullying, intimidation and harassment is one of our highest priorities.

Bullying is a violation of our District core values and will not be tolerated. The actions of any one person or group of individuals which threaten the health and safety of students and/or staff must be addressed promptly. Early intervention, reinforcement of a consistent message and follow through from students, parents, staff and administration can ensure that everyone’s right to learn and work in a safe environment is respected.

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 will be sensitized, through District-wide professional development, 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. The components of such an effort involve the following:

Learning about and identifying the early warning signs and precursor behaviors that may lead to bullying.
Gathering information about bullying at school directly from students.
Establishing clear school wide and classroom rules about bullying.
Training adults in the school to respond sensitively and consistently to bullying.
Providing adequate adult supervision, particularly in less structured areas such as in the hallways, cafeteria and playground.
Raising parental awareness and involvement in addressing problems.

All students, school District employees, vendors, and visitors (including parents) to District buildings, buses, athletic fields or locations off-school premises involving school-related activities (i.e., field trips) are expected to conduct themselves in a manner consistent with this policy.

The Board condemns and strictly prohibits all forms of discrimination, such as harassment, hazing, intimidation and bullying on school grounds, school buses and at all school-sponsored activities, programs and events.

Definitions

Bullying

In order to facilitate implementation, provide meaningful guidance and prevent behaviors from rising to a violation of law, this policy will use the term bullying (which is usually subsumed under the term “harassment”), which is understood to be a hostile activity which harms or induces fear through the threat of further aggression and/or creates terror. Bullying may be premeditated or a sudden activity. It may be subtle or easy to identify, done by one person or a group. Bullying often includes the following characteristics:

Power imbalance – occurs when a bully uses his/her physical or social power over a target.
Intent to harm – the bully seeks to inflict physical or emotional harm and/or takes pleasure in this activity.
Threat of further aggression – the bully and the target believe the bullying will continue.
Terror – when any bullying increases, it becomes a “systematic violence or harassment used to intimidate and maintain dominance.” (Barbara Coloroso, The Bully, The Bullied & The Bystander, 2003)

There are at least three kinds of bullying: verbal, physical and social/relational.

Verbal bullying includes name calling, insulting remarks, verbal teasing, frightening phone calls, violent threats, extortion, taunting, gossip, spreading rumors, racist slurs, threatening electronic communications (“cyberbullying”), anonymous notes, etc.
Physical bullying includes poking, slapping, hitting, tripping or causing a fall, choking, kicking, punching, biting, pinching, scratching, spitting, twisting arms or legs, damaging clothes and personal property, or threatening gestures.
Social or relational bullying includes excluding someone from a group, isolating, shunning, spreading rumors or gossiping, arranging public humiliation, undermining relationships, teasing about clothing, looks, giving dirty looks, aggressive stares, etc.

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 listed under Harassment as defined below).

Harassment

Harassment has been defined in various ways in federal and state law (including the penal law) and regulation. The Board recognizes that these definitions are important standards, but the Board’s goal is to prevent behaviors from escalating to violations of law and, instead, to promote a positive school environment and 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 verbal threats, intimidation or abuse that 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; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety. The harassing behavior may be based on any characteristic, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, gender identity, sexual orientation, sex, age, disability.

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.

Cyber-bullying

Cyber-bullying is a form of unacceptable conduct which is transmitted electronically by means which include, but are not limited to, the misuse of the following means of communication: email, instant messages, text messages, digital pictures or images, web postings (including blogs), social websites (e.g. Facebook, Twitter, Tumblr, Instagram, etc.), chat rooms, or any other electronic method of communication or forum which may exist or develop. As a result, bullying, cyber-bulling, sexting, hazing, harassment, intimidation, teasing, public humiliation, spreading of falsehoods, menacing behaviors, and any other similar conduct by students, staff, and third parties (while in the school environment) towards other students, staff, or visitors to the school environment are strictly prohibited and shall not be tolerated.

Prevention

Prevention is the cornerstone of the District’s effort to address bullying and harassment. The components of such an effort involve:

Following the principles and practices of “Educating the Whole Child Engaging the Whole School: Guidelines and Resources for Social and Emotional Development and Learning (SEDL) in New York State – Adopted by the Board of Regents July 18, 2011.” District curriculum will emphasize developing empathy, tolerance and respect for others.
Learning about and identifying the early warning signs and precursor behaviors that may lead to bullying.
Gathering information about bullying at school directly from students (through surveys and other mechanisms); analyzing and using the data gathered to assist in decision-making about programming and resource allocation.
Establishing clear school wide and classroom rules about bullying consistent with the District’s code of conduct.
Training adults in the school community to respond sensitively and consistently to bullying.
Raising awareness among adults, through training, of the school experiences of marginalized student populations (as enumerated in the Definitions section above), social stigma in the school environment, gender norms in the school environment, and strategies for disrupting bullying, intimidation, harassment or other forms of violence.
Providing adequate supervision, particularly in less structured areas such as in the hallways, cafeteria, school bus and playground.
Raising parental awareness and involvement in the prevention program and in addressing problems.
Using educational opportunities or curriculum, including, if applicable, the Individual Educational Program (IEP), to address the underlying causes and impact of bullying.

Role of the DASA

The Board of Education will annually designate staff members in each building, who have been thoroughly trained in human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression), and sex, as the DASA Coordinator will be responsible for coordinating and enforcing this policy and regulation in each school building, including but not limited to coordination of:

building-level trainings
the complaint process, and
management of the Dignity Act’s civility curriculum components.

Reporting

Students or employees of the school District who have been bullied, parents whose children have been bullied, or other students who observe bullying behavior are encouraged to make a verbal and/or written complaint to a teacher, coach, bus driver, social worker, counselor, supervisor, or administrator. Intervention by adults and bystanders is an important step to prevent escalation and to resolve issues in the earliest stages. At all times, complaints will be documented, tracked and handled in accordance with the regulations and procedures accompanying this policy and the District’s Code of Conduct. In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets and persons with knowledge of bullying report such behavior immediately to the principal, the principal’s designee or the DASA Coordinator as soon as possible after the incident so that it may be effectively investigated and resolved. The District will also make a bullying complaint form available on its website (attached) to facilitate reporting.

The District will promptly and equitably investigate all complaints, formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner, although limited disclosure may be necessary to complete a thorough investigation.

In order to assist investigators, individuals should document the bullying as soon as it occurs and with as much detail as possible including: the nature of the incident(s); dates, times, places it has occurred; name of perpetrator(s); witnesses to the incident(s); and the target’s response to the incident.

If, after appropriate investigation, the District finds that a student, an employee or a third party has violated this policy, prompt corrective and possibly disciplinary action will be taken in accordance with the code of conduct, applicable collective bargaining agreement, District policy and state law. If the reported behavior constitutes a civil rights violation, the complaint procedure associated with that policy will be followed, as applicable. If either of the parties disagrees with the findings of the initial investigation, an appeal may be made to the Superintendent in accordance with the process described below.

Confidentiality

It is District policy to respect the privacy of all parties and witnesses to bullying. 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 desire for confidentiality must be balanced with the District’s legal obligation to provide due process to the accused, to conduct a prompt and thorough investigation, and/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. 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:

the request may limit the District’s ability to respond to his/her complaint;
District policy and federal law prohibit retaliation against complainants and witnesses;
the District will attempt to prevent any retaliation; and
the District will take strong responsive 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 bullying and preventing the bullying of other students.

Investigation and Resolution Procedure

A. Initial (Building-level) Procedure

Whenever a complaint of bullying is received by a staff member, whether verbal or written, it should be reported immediately to the principal preliminary review and investigation. Except in the case of severe or criminal conduct, the principal, the principal’s designee or the DASA Coordinator shall make all reasonable efforts to resolve complaints informally at the school level. The goal of informal procedures is to end the bullying, prevent future incidents, ensure the safety of the target and obtain a prompt and equitable resolution to a complaint.

As soon as possible, but no later than three working days following receipt of a complaint, the principal, the principal’s designee or the DASA Coordinator should begin an investigation of the complaint by:

Reviewing any written documentation provided by the target(s).
Conducting separate interviews of the target(s), alleged perpetrator(s), and witnesses, if any, and documenting the conversations.
Providing the alleged perpetrator(s) a chance to respond and notify him/her that if objectionable behavior has occurred, it must cease immediately. The individual will be made aware of remediation opportunities as well as potential disciplinary consequences.
Determining whether the complainant needs any accommodations to ensure his/her safety, and following up periodically until the complaint has been resolved. Accommodations may include, but are not limited to:
- A “permanent” hall pass that allows the student to visit a designated adult at any time;
- Access to private locker room facilities;
- An escort during passing periods;
- If the student feels unsafe in a specific class, an opportunity for individual tutoring or independent study until the case is resolved;
- An opportunity for independent study at home with District-provided tutor until the case is resolved;
- Permission to use personal cell phone in the event that the student feels threatened and needs immediate access to parent or guardian;
- Assignment of a bus monitor.

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, and the student, parent/guardian, and school administration 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.

Parents of student targets and accused students should be notified within one school day of allegations that are serious or involve repeated conduct. Where appropriate, informal methods may be used to resolve the complaint, including but not limited to:

discussion with the accused, informing him or her of the District’s policies and indicating that the behavior must stop;
suggesting counseling, skill building activities and/or sensitivity training;
conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;
requesting a letter of apology to the target;
writing letters of caution or reprimand; and/or
separating the parties.

Appropriate disciplinary action shall be recommended and imposed in accordance with District policy, the applicable collective bargaining agreement or state law. School District should make every effort to attempt to first resolve the misconduct through non-punitive measures.

The investigator shall report back to both the target and the accused, within one week, 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 actions taken will be in conformance with the Remediation/Discipline/Penalties section of this regulation. The target shall report immediately if the objectionable behavior occurs again or if the alleged perpetrator retaliates against him/her.

If a complaint contains evidence or allegations of serious or extreme bullying, or a civil rights violation, the complaint shall be referred promptly to the Superintendent. The complainant will also be advised of other avenues to pursue their complaint, including contact information for state and federal authorities.

In addition, where the principal, the principal’s designee or the DASA Coordinator has a reasonable suspicion that the alleged bullying incident involves criminal activity, he/she should immediately notify the Superintendent, who shall then contact the school attorney, appropriate child protection and, if appropriate, law enforcement authorities. Any party who is not satisfied with the outcome of the initial investigation may request a District-level investigation by submitting a written complaint to the Superintendent within 30 days.

B. District-level Procedure

The Superintendent or his/her designee shall promptly investigate and equitably resolve all bullying complaints that are referred to him/her, as well as those appealed to the Superintendent following an initial investigation. In the event the complaint involves the Superintendent, the complaint shall be filed with or referred to the Board President, who shall refer the complaint to the Board counsel or his/her designee for investigation.

The District level investigation should begin as soon as possible (three working days) following receipt of the complaint by the Superintendent or Board President.

In conducting the formal District level investigation, the district will endeavor to engage individuals who have received formal training regarding such investigations or that have previous experience investigating such complaints.

If a District level investigation results in a determination that bullying did occur, prompt corrective action will be taken to end the misbehavior in accordance with the Remediation/Discipline/Penalties section of this regulation.

No later than 30 days following receipt of the complaint, the Superintendent (or in cases involving the Superintendent, the Board-appointed investigator) will notify the target and alleged perpetrator, in writing, of the outcome of the investigation. 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.

Any party who is not satisfied with the outcome of the District-level investigation may appeal to the Board of Education by submitting a written request to the Board President within 30 days.

C. Board-level Procedure

When a request for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the President of the Board.

The Board shall notify all parties concerned of the time and place when a hearing will be held. Such hearing will be held within 15 school days of the receipt of the request of the complainant.

The Board shall render a decision in writing within 15 days after the hearing has been concluded.

The District shall retain documentation associated with complaints and investigations.

Retaliation Prohibited

Any act of retaliation against any person who opposes bullying behavior, or who has filed a complaint, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a bullying complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other form of harassment. Any person who retaliates is subject to immediate disciplinary action up to and including suspension or termination.

Remediation/Discipline/Penalties

Any individual who violates this policy by engaging in bullying will be subject to appropriate action, which may include disciplinary action. Remedial responses to bullying include measures designed to correct the problem behavior, prevent another occurrence of the behavior, and protect the target of the act. Appropriate remedial measures may include, but are not limited to:

Restitution and restoration;
Peer support group;
Corrective instruction or other relevant learning or service experience;
Changes in class schedule
Supportive intervention;
Behavioral assessment or evaluation;
Behavioral management plan, with benchmarks that are closely monitored;
Student counseling;
Parent conferences; or
Student treatment or therapy.

Environmental remediation may include, but is not limited to:

School and community surveys or other strategies for determining the conditions contributing to the relevant behavior;
Modification of schedules;
Adjustment in hallway traffic and other student routes of travel;
Targeted use of monitors;
Parent education seminars/workshops;
Peer support groups.

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 suspension from school, to be imposed consistent with the 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.

Policy Dissemination

All students and employees shall be informed of this policy in student and employee handbooks, on the District website and student registration materials. A poster summarizing the policy shall also be posted in a prominent location at each school.

All employees shall receive information about this policy and regulation at least once a year.

Principals in each school shall be responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures for filing a complaint and information about the impact of bullying on the target and bystanders.

Training

Training needs in support of this bullying prevention and intervention program will be reflected in the District’s annual professional development plan, new teacher orientation, in curriculum and will be considered in the budget process. The DASA coordinator, administrative employees and other staff, such as counselors or social workers who have specific responsibilities for investigating and/or resolving complaints of bullying shall receive yearly training to support implementation of this policy, regulation and on related legal developments.

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