Knowingly Makes False Accusations

Knowingly Makes False Accusations

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

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The Superintendent of Schools, or his/her designee(s), has a responsibility to review District policy and regulations to ensure continued effectiveness and compliance with applicable law. The Superintendent will recommend revisions as may be warranted to the Board of Education.

#3420R.1 -- Sexual Harassment

#6121R -- Employee Discrimination Grievance Guidelines

#7550R -- Student Discrimination Grievance Guidelines

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The Buffalo City School District is committed to creating and maintaining a working and learning environment which is free of discrimination and intimidation. Based upon the principle that every employee and student is entitled to be treated with dignity and respect, and a recognition that sexual harassment is a violation of law and District policy, the District strictly prohibits conduct which constitutes sexual harassment in any form.

1. 
   Substantially or unreasonably interfering with a student's academic performance or participation in an educational or extracurricular activity;
   

2. 
   Creating an intimidating, hostile or offensive learning environment;
   

3. 
   Effectively baring the student's access to an educational opportunity or benefit; and/or
   

4) Substantially or unreasonably interfering with an employee's ability to work, professional performance, productivity, physical security, career opportunities, services or other benefits of employment.

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SUBJECT: SEXUAL HARASSMENT (Cont'd.)

Sexual harassment includes, but is not limited to, overt or implicit bribes, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature or that is based on sexual/gender stereotypes. Sexual harassment does not depend on the "voluntary" nature of the behavior or activity, but instead focuses on whether the alleged advances or behavior were unwelcome.

1. 
   Verbal abuse or ridicule, including innuendoes, stories and jokes, which are of a sexual nature and/or gender-related. This might include inappropriate sex-oriented comments on appearance, including dress or physical features.
   

2. 
   Direct or indirect threats or bribes for unwanted sexual activity.
   

3. 
   Asking or commenting about a person's sexual activities.
   

4. 
   Unwelcome and unwanted physical contact of a sexual nature including, but not limited to, physical acts such as assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement.
   

5. 
   Displaying or distributing pornographic or other sexually explicit materials such as magazines, pictures, internet material, cartoons, etc.
   

6. 
   The use of profanity and/or other obscenities that are sexually suggestive or degrading in nature.
   

7. 
   Demanding sexual favors of a student, insinuating that refusal to acquiesce in such favors will adversely affect a student's grades, references, academic/scholastic placement, and/or participation in extracurricular activities.
   

8. 
   Unwelcome staring, leering, or gesturing which is sexually suggestive in nature.
   

9. 
   Unwelcome and/or offensive public displays of sexual/physical affection.
   

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10. 
    Clothing that reflects sexually obscene and/or sexually explicit messages, slogans, or pictures.
    

11. 
    Any other unwelcome and unwanted sexually oriented and/or gender-based behavior which is sexually demeaning, belittling, intimidating, or perpetrates sexual stereotypes and attitudes.
    

Behavior shall be considered unwelcome and unwanted if the student or employee did not initiate, request or invite such conduct or communication and/or regarded such conduct or communication as undesirable or offensive.

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SUBJECT: SEXUAL HARASSMENT (Cont'd.)

guidelines does not preclude a student or employee from pursuing other avenues of legal recourse including the right to register complaints with the U.S. Department of Education's Office for Civil Rights, the federal Equal Employment Opportunity Commission or the New York State Department of Human Rights. These regulations are further not to be construed as to limit the right of any individual to file a lawsuit in either federal or state court.

1. 
   The name, address and telephone number of the complainant.
   

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2. 
   The name and/or description of the alleged offender or offenders.
   

3. 
   The specific nature of the alleged harassment including the complainant's explanation of why he/she believes it to be harassment.
   

4. 
   A thorough and detailed account of the actions and/or dialogue which occurred between the alleged harasser and the complainant. This account should include the frequency of the conduct, the date, time, location of the incident, and the complainant's actions and responses during the incident(s).
   

5. 
   The names of witnesses or of persons who have knowledge of the incident, including the names of persons with whom the complainant discussed the incident, and the time and date of this discussion.
   

6. 
   Written material, documents, or other evidence related to the incident.
   

In investigating the complaint, the designated harassment complaint official will meet separately with the complainant and the alleged harasser, and will follow applicable law and regulations as well as any applicable collective bargaining agreement(s).

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status report with the Superintendent/designee if it becomes necessary to extend the timeline for completion of the investigation.

witnesses is prohibited and may be subject to disciplinary action. Similarly, the harassment complaint official will instruct the victim and/or witnesses to refrain from contacting or communicating with the alleged harasser regarding the complaint. The harassment complaint official will ask the victim what specific action the victim wants taken by the District in order to satisfactorily resolve the complaint.

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SUBJECT: SEXUAL HARASSMENT (Cont'd.)

will then take prompt disciplinary action in accordance with the terms of District policy and regulations, federal and state law and regulations, and/or the applicable collective bargaining agreement. The harassment complaint official will notify the complainant and the accused, in person and in writing, as to the finding and/or course of action within twenty (20) working days following receipt of the complaint.

1. 
   Conducting a workshop on the recognition and prevention of sexual harassment for the building or department.
   

2. 
   Speaking to the alleged offender.
   

3. 
   Separating the parties, if possible and appropriate.
   

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SUBJECT: SEXUAL HARASSMENT (Cont'd.)

If the Superintendent of Schools issues a finding that no sexual harassment has occurred, the complainant, if not satisfied with this resolution, may appeal the decision to the Board of Education within ten (10) working days following receipt of the report. If the complainant is satisfied with the Superintendent's finding, the complainant will so indicate in writing.

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harassment complaints, the general legal issues pertaining to sexual harassment, and the rights and responsibilities of employees and students.

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SUBJECT: EMERGENCY CLOSINGS

The Superintendent is empowered to close the District Schools, delay the opening, or to dismiss students early in the event of hazardous conditions, including weather, which threaten the safety of students.

1. 
   The availability of parent(s)/guardians(s) to receive the student at home in the event schools should be dismissed early.
   

2. 
   The health and safety of students remaining in a school environment.
   

3. 
   Weather conditions, both existing and predicted.
   

4. 
   Driving and traffic conditions affecting public and private transportation facilities.
   

5. 
   Continuance or discontinuance of the operations of business, commercial and professional people in the area.
   

Facts will be assembled from the appropriate agencies and organizations before any decisions are made. For example, the Police Department, Weather Bureau, transportation companies and other governmental agencies, as needed, will be called.

1. 
   The media will be called and the public will be informed of the decision.
   

2. 
   Schools will be dismissed with dismissal time arranged to parallel the arrival of buses. No staff member may leave his/her assignment until all students have left the building (unless authorized to do so by the Principal).
   

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3. 
   Elementary students can be released to the custody of their parent(s)/guardian(s) or another designated adult.
   

1. 
   If the Buffalo Public schools are open and severe localized weather conditions exist in the area in which the teacher lives and he/she is unable to get to work, the teacher must complete a Short- Term Leave of Absence Form indicating the date and reason for the absence. The fact that schools are closed in a teacher's home school district does not automatically qualify the teacher to be absent for "severe localized weather conditions" pursuant to Article XXXIII-A of the Master Contract between the District and the Buffalo Teachers Federation. In order to qualify under Article XXXIII-A, the teacher must be unable to get to work as a result of a driving ban, imposed by a government agency or police/fire officials. The teacher must indicate this condition on the leave form.
   

2. 
   Upon receipt of the Short-Term Leave of Absence Form, Principals, Supervisors and Directors should not circle "Approved" or "Denied" but merely circle "Received," sign and date the form and send it directly to the appropriate Assistant Superintendent. The Assistant Superintendents will make a determination based solely on the teacher's inability to safely get to work because of impassable road conditions, as defined above.
   

3. 
   If the Buffalo Public Schools are closed due to severe localized weather conditions, any staff members represented by the Buffalo Teachers Federation including, but not limited to, Teachers Assigned, Helping Teachers and Coordinators who are assigned to the Main Office, or any of the satellites of the Main Office, such as School #26, WNED, etc., need not report to work. No deduction will be made from the teacher's Personal Leave or Sick Leave for the time involved.
   

4. 
   If the Buffalo Public Schools are closed due to severe localized weather conditions, all senior staff, Associate Superintendents, Assistant Superintendents, Directors, Supervisors, and Project Administrators who are assigned to the Main Office must report to work. If they are unable to report to work, they must complete a Short-Term Leave of Absence Form and submit it to the appropriate administrator immediately upon return to work. In order for an administrator to
   

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qualify for absence on account of severe localized weather conditions without a deduction from personal leave or vacation time, the administrator must be unable to safely get to work as a result of impassable roads, and the administrator must indicate this condition on the Short-Term Leave of Absence Form. Otherwise, a deduction will be made from personal leave or vacation time for each day of absence. Principals, Assistant Principals, or other administrators whose offices are based in a school building need not report to work if schools are closed. No deduction will be made from their personal leave.

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