Foreword contained herein are the regulations and/or procedures formulated by the administrators of the Buffalo City School District. The organizing system in this manual utilizes the same numerical coding as in the Buffalo City School District Policy
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- Authority and Responsibility
- SUBJECT: ANTI-HARASSMENT IN THE SCHOOL DISTRICT (Contd.)
- Reporting of Complaints: General Guidelines
- SUBJECT: ANTI-HARASSMENT IN THE SCHOOL DISTRICT (Contd.) Student Complaint Process
- Employee Complaint Process
- Alternative Complaint Procedures
- SUBJECT: ANTI-HARASSMENT IN THE SCHOOL DISTRICT (Contd.) Prohibition of Retaliation
- Finding That Harassment Did Not Occur
Other Forms of HarassmentIn accordance with applicable laws, as well as District policy, regulation, collective bargaining agreements, and/or the District Code of Conduct, the District condemns and prohibits all other forms of unlawful harassment based on the characteristics named above that substantially or unreasonably interfere with an individual's work/academic environment; adversely affect an individual's work/academic performance; or otherwise adversely affect an individual's employment or academic opportunities in violation of law and regulations, District policies, collective bargaining agreements and/or District Code of Conduct, as applicable. This regulation should not be read to abrogate other District policies and/or regulations prohibiting other forms of unlawful discrimination, inappropriate behavior, and/or hate crimes within this District. It is the intent of this District that all such policies and/or regulations be read consistently 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 and/or regulation. Authority and Responsibility It is the responsibility of all Buffalo City School District employees and students to ensure that their behavior and environment are maintained free of harassment. Furthermore, each administrator and supervisor has the responsibility to maintain a non-threatening environment which includes (Continued) 2005 3420R 5 of 15
SUBJECT: ANTI-HARASSMENT IN THE SCHOOL DISTRICT (Cont'd.) discussing the District's policy and regulation pertaining to harassment with all employees and students, and assuring students and staff that they are not required to endure insulting, degrading or exploitative treatment. All complaints of harassment, whether written or verbal, formal or informal, will be thoroughly investigated to determine whether the totality of the alleged behavior and circumstances may constitute harassment. It is recommended that any individual of the above named group who believes he/she has been subjected to harassment, or has reason to know of and/or witnesses any incident of harassment by a District employee, student, or other third party subject to the control and supervision of the District, submit a written complaint; however, complaints may be filed verbally and the absence of a written complaint does not negate the District's responsibility to investigate such allegations as thoroughly as possible. School officials are required to provide a written report of investigation findings and any action taken to resolve the complaint within time frames as established by the District. Any individual of the above named group who believes he/she has been subjected to harassment in the school environment or at school-sponsored activities, including those which take place off school premises, as well as any other person who is aware of and/or who has knowledge of or witnesses any possible occurrence of harassment, shall promptly report such occurrence; the report is to be directed to or forwarded to the District's designated harassment complaint official(s) as referenced in Policy #3420 -- Buffalo Public Schools Anti-Harassment Policy. If the individual is in doubt as to the "seriousness" of the incident and/or whether such behavior constitutes harassment, he/she is still encouraged to immediately report such conduct for resolution. If the complaint official is the alleged offender, the report shall be directed to the next level of supervisory authority as indicated in Policy #3420. Allegations of harassment may be reported through informal and/or formal complaint procedures; and utilization of the District's grievance guidelines does not preclude an individual from pursuing other avenues of legal recourse. However, if the individual reports such occurrence to any other school employee, the individual shall be informed of the employee's obligation to report the complaint to administration. The administrator who is made aware of the occurrence of possible harassment, whether or not a complaint has been filed, is required to promptly report the incident(s) to the Superintendent and/or designated complaint official as appropriate. Any school employee who observes, overhears or otherwise witnesses suspected harassment which may be unlawful, or to whom such allegation is reported, should take prompt and appropriate action to stop the harassment and to prevent its reoccurrence. A written report of the incident and the action taken by the school employee in response to it must also be given to the designated harassment complaint official(s) to oversee the handling of complaints. (Continued) 2005 3420R 6 of 15
SUBJECT: ANTI-HARASSMENT IN THE SCHOOL DISTRICT (Cont'd.) In the event that the school employee is unable to personally take prompt and appropriate action, the employee must report the incident or complaint to the harassment complaint official(s) designated by Policy #3420 -- Buffalo Public Schools Anti-Harassment Policy. Complaints of harassment will be investigated thoroughly, promptly and impartially in accordance with law and regulations as well as any applicable collective bargaining agreement(s). However, when school officials receive a complaint or report of alleged harassment that is criminal in nature or that could lead to in-school or out-of-school violence, law authorities should be immediately notified. The Superintendent is to be informed as soon as possible regarding all complaints and/or reports regarding harassment, and the status of any investigations. Reporting of Complaints: General Guidelines Any individual of the above named group who believes that he/she has been subjected to harassment or who is made aware of and/or witnesses any possible occurrence of harassment shall report such complaint as soon as possible after the alleged incident occurs in order to help the District effectively and promptly investigate and resolve the complaint. In order to assist in the investigation, victims and/or witnesses should document the harassment as soon as it occurs, providing as much detail as possible including, but not limited to, the following: The name, address and telephone number of the complainant. The name and/or description of the alleged offender or offenders. The specific nature of the alleged harassment including the complainant's explanation of why he/she believes it to be harassment. 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). 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. Written material, documents, or other evidence related to the incident. (Continued) 2005 3420R 7 of 15
SUBJECT: ANTI-HARASSMENT IN THE SCHOOL DISTRICT (Cont'd.) In investigating the complaint, the designated 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). All parties will be assured that complaints and discussions will remain as confidential as possible, and will be disclosed only on a "need to know" basis in order to effectively investigate the complaint and/or as mandated by law or court order. However, a written record of the investigation and any action taken will be established. Additionally, parents of students subjected to possible harassment and/or students filing a harassment complaint, as well as parents of accused students, may be notified by the appropriate administrator of such occurrence and/or allegations as warranted and in accordance with legal guidelines. If the accused student has been identified as having a disability (or is suspected of having a disability) pursuant to Section 504/Individuals with Disabilities Education Act, a student referral shall be made to the Section 504 Team/Committee on Special Education for evaluation/assessment and/or a manifestation determination, as may be applicable in accordance with state and federal law and regulations, to determine whether the student's conduct is caused or affected by his/her disability. The complainant, the alleged harasser and any witnesses will be directed to refrain from talking about the investigation while it is pending. The designated complaint official will begin investigating the allegations of harassment no later than three (3) working days following receipt of the complaint; and will report the findings of the investigation to the Superintendent no later than twenty (20) working days following receipt of the complaint. In the case of extenuating circumstances, the complaint official will file a status report with the Superintendent/designee if it becomes necessary to extend the timeline for completion of the investigation. During the course of the investigation and thereafter, the complaint official will instruct the alleged harasser to have no contact or communication regarding the complaint with the victim and/or any witnesses; and that retaliation, whether direct or indirect, against the victim and/or witnesses is prohibited and may be subject to disciplinary action. Similarly, the 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. If the complainant attempts to withdraw a complaint, the harassment complaint official will determine that the withdrawal is not caused by retaliation and then document the complainant's reasons and ask the complainant to sign the documentation. A copy of all written material pertaining to the case/investigation will be retained in a separate confidential file. (Continued) 2005 3420R 8 of 15
SUBJECT: ANTI-HARASSMENT IN THE SCHOOL DISTRICT (Cont'd.) Student Complaint Process Informal Procedure for Students It may be possible to resolve a complaint through a voluntary conversation between the complainant and the alleged harasser, which is facilitated, by a designated harassment complaint official. If the complainant or alleged harasser is a student under the age of 18, the harassment complaint official shall notify the student's parent(s)/guardian(s). For student who are 18 years of age or older; the harassment complaint official, after initial consultation with the student, may determine whether to notify the parent(s)/guardian(s) based on the best interests of the student [in making a decision as to whether to notify a student's parent or guardian, staff should consider all of the circumstances, including the age and wishes of the student. For example, a student experiencing harassment based on sexual orientation may be dissuaded from reporting the harassment if the student's parent will be notified]. A person of his/her choice for support and guidance may accompany both the complainant and the alleged harasser. If the complainant and the alleged harasser feel that a resolution has been achieved. then the conversation may remain as confidential as possible, unless otherwise mandated to be disclosed pursuant to law or court order and/or further investigation is necessary; and no further action needs to be taken. The harassment complaint official, in writing, shall report the results of an informal resolution to the Superintendent and to the Head Building Administrator. If the complainant, the alleged harasser, or the harassment complaint official chooses not to utilize the informal procedure, or feels that the informal procedure is inadequate or has been unsuccessful, he/she may proceed to the formal procedure. Any complaint against a school employee of unlawful harassment of a student shall be handled through the formal procedure. Formal Procedure for Students STEP 1: The complainant or harassment complaint official shall fill out a harassment complaint form (Form #3230F) based on the alleged unlawful harassment. This complaint shall be signed by the complainant and be kept in a centralized and secure location. Note: The complaint form shall detail the facts and circumstances of the incident or pattern of behavior. STEP 2: The investigation may consist of personal interviews with the complainant, the alleged harasser and any other individuals who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. In determining whether alleged conduct constitutes a violation of District policy and/or regulation, the harassment complaint official should consider the (Continued) 2005 3420R 9 of 15
surrounding circumstances, any relevant documents, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of District policy and/or regulation requires a determination based on all the facts and surrounding circumstances. In addition, the Buffalo Public Schools may take immediate steps, at its discretion, to protect the complainant, alleged harasser, witnesses, students and school employees pending completion of an investigation of alleged harassment and may make any appropriate referrals for assistance including, but not limited to, counseling. rape crisis intervention, etc. Upon receipt of the complaint or report, the harassment complaint official shall thoroughly and promptly investigate any alleged incident of unlawful harassment. The harassment complaint official shall make a written report to the Superintendent upon completion of the investigation. The report shall include a determination as to whether the allegations have been substantiated as factual and whether they appear to be violations of District policy and/or regulation. STEP 3: Following the investigation, the harassment complaint official shall recommend to the Superintendent and/or Head Building Administrator what action, if any, is required. The Buffalo Public Schools shall take corrective action in all cases where the Superintendent, upon the harassment complaint official's findings of fact, concludes that District policy and/or regulation has been violated. Any person who is determined to have violated District policy and/or regulation shall be subject to action including, but not limited to, warning, exclusion, suspension, expulsion, transfer, termination, discharge or any other remedial action including but not limited to, training, education, or counseling. Action taken for violation of District policy and/or regulation shall be consistent with the requirements of any applicable collective bargaining agreement, Buffalo Public Schools' policy and/or regulation, state and federal law including, but not limited to, the due process protections for students with disabilities. STEP 4: The Superintendent shall receive and maintain a copy of the written investigation report. If the Superintendent, upon the harassment complaint official's findings of fact, concludes that a professional educator or administrator has violated the policy, a report of the findings shall be filed with the Licensing Office of the New York State Education Department. The complainant and the alleged harasser shall be informed of the results of the investigation including whether the allegations were found to be factual, whether there was a violation of District policy and/or regulation, and whether disciplinary action was or will be taken. Reporting Acts Constituting Child Abuse Several behaviors listed as sexual harassment (e.g., sexual touching, grabbing, pinching, being forced to kiss someone, etc.) may also constitute sex abuse or other child abuse. Sexual abuse of a (Continued) 2005 3420R 10 of 15
child is defined as any act or acts by any individual involving sexual molestation or exploitation of a child including, but not limited to, incest, prostitution, rape, criminal sexual act, or any lewd or lascivious conduct involving a child. Thus, under certain circumstances, alleged harassment may also be criminal abuse under state law. Law and professional duty require school employees to report all incidents of child abuse and neglect, including sexual abuse. Employee Complaint Process Informal Procedure for Employees It may be possible to resolve a complaint through a voluntary conversation between the complainant and the alleged harasser that is facilitated by the harassment complaint official. A person of his/her choice for support and guidance may accompany both the complainant and the alleged harasser. If the complainant and the alleged harasser feel that a resolution has been achieved, then the conversation may remain as confidential as possible, unless otherwise mandated to be disclosed pursuant to law or court order and/or further investigation is necessary; and no further action needs to be taken. The harassment complaint official, in writing, shall report the results of an informal resolution to the Superintendent and to the Head Building Administrator. If the complainant, the alleged harasser, or the harassment complaint official chooses not to utilize the informal procedure, or feels that the informal procedure is inadequate or has been unsuccessful, he/she may proceed to the formal procedure. Any complaint against a school employee shall be handled through the formal procedure. Formal Procedure for Employees STEP 1: The complainant or harassment complaint official shall fill out a harassment complaint form (Form #3230F) based on the alleged unlawful harassment. This complaint shall be signed by the complainant and be kept in a centralized and secure location. Note: The complaint form shall detail the facts and circumstances of the incident or pattern of behavior. STEP 2: The investigation may consist of personal interviews with the complainant, the alleged harasser and any other individuals who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. In determining whether alleged conduct constitutes a violation of District policy and/or regulation, the harassment complaint official should consider the surrounding circumstances, any relevant documents, the nature of the behavior, past incidents or past (Continued) 2005 3420R 11 of 15
SUBJECT: ANTI-HARASSMENT IN THE SCHOOL DISTRICT (Cont'd.) or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of District policy and/or regulation requires a determination based on all the facts and surrounding circumstances. In addition, the Buffalo Public Schools may take immediate steps, at its discretion, to protect the complainant, alleged harasser, witnesses, students and school employees pending completion of an investigation of alleged harassment and may make any appropriate referrals for assistance including, but not limited to, counseling, rape crisis intervention, etc. Upon receipt of the complaint or report, the harassment complaint official shall thoroughly and promptly investigate any alleged incident of unlawful harassment. The harassment complaint official shall make a written report to the Superintendent upon completion of the investigation. The report shall include a determination as to whether the allegations have been substantiated as factual and whether they appear to be violations of District policy and/or regulation. STEP 3: Following the investigation, the harassment complaint official shall recommend to the Superintendent and/or Head Building Administrator what action, if any, is required. The Buffalo Public Schools shall take corrective action in all cases where the Superintendent, upon the harassment complaint official's findings of fact, concludes that District policy and/or regulation has been violated. Any person who is determined to have violated District policy and/or regulation shall be subject to action including, but not limited to, warning, exclusion, suspension, expulsion, transfer, termination, discharge or any other remedial action including, but not limited to, training, education, or counseling. Action taken for violation of District policy and/or regulation shall be consistent with the requirements of any applicable collective bargaining agreement, Buffalo Public Schools' policy and/or regulation, state and federal law including, but not limited to, the due process protections for students with disabilities. STEP 4: The Superintendent and/or Head Building Administrator shall maintain the written report of the investigation and results in his/her office. In the case of an investigation conducted by a school district, the Superintendent shall receive a copy of the investigation report and results. If the Superintendent, upon the harassment complaint official's findings of fact, concludes that a professional educator or administrator has violated District policy and/or regulation, a report of the findings shall be filed with the Licensing Office of the New York State Education Department. The complainant and the alleged harasser shall be informed of the results of the investigation, including whether the allegations were found to be factual, whether there was a violation of District policy and/or regulation, and whether disciplinary action was or will be taken. STEP 5: Appeal to the Board of Education. In the event that a complainant and/or accused files an appeal with the Board of Education following an investigation by the Superintendent of Schools, such appeal must be submitted within ten (10) working days of receipt of the Superintendent's report. (Continued) 2005 3420R 12 of 15
The Board of Education will conduct a hearing and issue a written response to the complainant and the accused following completion of the hearing within thirty (30) days of receipt of the complaint. If additional time is needed, a written status report shall be submitted to all parties, indicating the need for additional time. Confidentiality The Buffalo Public Schools recognizes that both the complainant and the alleged harasser have strong interests in maintaining the confidentiality of the allegations and related information. The privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses will be respected as much as possible, consistent with legal obligations to investigate, to take appropriate action, and to comply with any discovery or disclosure obligations as well as legal mandates. Alternative Complaint Procedures In addition to filing a harassment complaint through District policy and/or regulation, an individual may choose to exercise other options including, but not limited to, filing a grievance under the collective bargaining agreement, a complaint with outside agencies or filing a private lawsuit pursuant to applicable federal and/or state law. Outside Agencies U.S. Department of Education: Office of Civil Rights New York Branch Tel. No. (212) 637-6466
Tel. No. (518) 474-3852 Equal Employment Opportunity Commission Tel. No. (716) 551-4441 New York State Division of Human Rights Tel. No. (716) 847-7632 (Continued) 2005 3420R 13 of 15
(Continued) 2005 3420R 14 of 15
SUBJECT: ANTI-HARASSMENT IN THE SCHOOL DISTRICT (Cont'd.) offender and the Superintendent/designee 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. In all cases, the Superintendent will inform the Board of Education of the results of each investigation involving a finding that harassment did not occur. Download 1.47 Mb. Share with your friends:
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