Last Updated Date: 10/19/2021

Adoption Date: 05/17/2016

Revision History: 4/25/17; 10/19/21

The Board of Education recognizes that education does not cease when a person leaves high school or college. The capacity and need to learn will continue throughout life.

There are certain skills and knowledge that adults in our community can make use of either in their intended vocation, or in their leisure time.

Every effort shall be made to offer courses and programs which will foster growth in as many areas as possible.

Last Updated Date: 10/19/2021

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 4/25/17; 10/19/21

In keeping with State Education Law and Executive Law, the Board of Education accepts its duty to display the United States flag upon or near each public school building during school hours, weather permitting, and such other times as the statutes may require or the Board may direct.

When ordered by the President, Governor, or local official, to commemorate a tragic event or the death of an outstanding individual, the flag shall be flown at half-staff. The Superintendent's approval shall be required for the flag to be flown at half-staff upon any other occasion.

The flag shall be displayed in every assembly room (e.g., the auditorium), including the room where Board meetings are conducted, as well as displayed in all rooms used for instruction.

Policy References:

Education Law Sections 418 and 419 Executive Law Section 403

Last Updated Date: 10/19/2021

Adoption Date: 06/06/2006

Revision History: 2/5/2013; 11/5/13; 4/25/17; 10/19/21

A school commemoration is intended to bring closure to a period of grieving and serves as a point from which to move on. Commemorations should reflect the needs of the school community while being respectful of the deceased individual and their family.

For each commemoration, it is important to think about the precedent that is being set and the long-term implications. Mental health crisis teams should work with families and/or assist individuals or groups who want to commemorate students and staff. The Trauma, Illness, and Grief (TIG) Team should be prepared to offer acceptable options. Student commemoration will be permitted for students who were enrolled in a district program at the time of the student’s death.

Commemorations

The Brockport Central School District reserves the right to accept or reject any and all commemorations donated or purchased in memory of a student or staff member. Furthermore, the District has the right to cause all commemorations currently on District properties to be discontinued. Commemoration requests will only be considered through submission of a Commemoration Request Form. Decisions to approve a commemoration will be by action of the Board of Education, on recommendation from the Superintendent. 

Policy References:

Trauma, Illness, and Grief Consortium Materials

Last Updated Date: 03/05/2024

Adoption Date: 03/01/1988

Revision History: 7/19/1994; 6/20/00, 10/7/09; 4/25/17; 10/19/21; 03/05/2024

The volunteer program is designed to supplement the regular educational program through the use of volunteers who work directly with individual students, teachers or administrators, or who apply their talents to any number of supportive service areas.

The program is intended to assist school personnel directly or indirectly, in meeting the needs of students and the goals of the school program.

A volunteer is a person who works on an occasional or regular basis at school sites or other educational facilities to support the efforts of professional personnel. Such a volunteer worker will serve in that capacity without compensation or employee benefits; however, the Brockport Central School District provides liability protection under its insurance program.

Use of volunteers within the District is not to conflict with or replace any regularly authorized personnel (as per negotiated agreements).

Volunteers can only work with students under the immediate supervision and direction of a teacher or administrator.

Volunteers are expected to comply with all District policies  and regulations.

The recruitment and selection of volunteers by the administration is an ongoing process and includes an application, reference check, administrative review and approval by the Board of Education. Active District employees who have completed the standard background check applicable to school personnel are exempt from this process.  However, the Superintendent of Schools or their designee may, in their discretion, reject any volunteer applications submitted for consideration.

The assignment of volunteers will be carried out by the appropriate building principal.

Policy References:

Volunteer Protection Act of 1997, 42 United States Code (USC) Section 14501 et seq. Education Law Sections 3023 and 3028 Public Officers Law Section 18

Last Updated Date: 10/19/2021

Adoption Date: 07/19/1994

Revision History: 5/2/1995; 06/20/2000; 12/18/2012; 4/25/17; 10/19/21

Related Policies: 3170

It is the policy of the Brockport Central School District to cooperate as far as possible with the colleges, universities, and other agencies in promoting potentially beneficial research. Decisions in connection with research involving students, teachers, or other employees are made by the Superintendent or their designee and are based on the following:

1. The project should be so designed that it can be expected to produce valid and reliable results.
2. It should be expected to contribute something useful and of value for the improvement of education in general and the Brockport Central School District in particular.
3. Questionnaires and interview questions must be submitted in advance to the Superintendent's Office and must not include items which invade the area of personal rights or which raise questions of a personal nature relative to economic status, race, creed, color, disability, religion, marital status, age, political affiliation and national origin.
4. Written informed parental/guardian consent is required, in accordance with law, prior to student participation in any study or survey. Specific identification of students is prohibited.
5. Outlines must be submitted and should be of sufficient scope and depth to justify the time and effort to be consumed.
6. In general, it is our policy not to interrupt the work of students or teachers unless there seems to be real potential in the study.
7. In the case of student projects, prior written approval by a faculty member of the institution attended will be required. This faculty member shall have some responsibility related to the student's project.
8. School employees will not receive compensation or other benefits for participating in surveys unless approved in advance by the Superintendent of Schools.
9. The District will receive the results of such studies.

Anyone wishing to conduct a research study using Brockport students or staff members must complete Research Study Approval Form.

Last Updated Date: 11/16/2021

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 12/18/2012, 11/5/13; 4/25/17; 11/16/21

Related Policies: 3160

The Brockport Central School District recognizes the potential value of research in developing, validating and standardizing programs and strategies in education. Staff members are encouraged to participate in and cooperate with such projects. To ensure that the research is conducted with integrity and the results are appropriately disseminated, all research and experimental projects using either educators, students, or materials within the District must be approved prior to their beginning by the Assistant to the Superintendent for Secondary Instruction. Written informed consent of a parent/guardian of a student is required for those students who are to be involved in research within the District.

Research projects must also protect individual rights, including the right to privacy of all members of the District. Specific identification of students is prohibited and identification of the District as a whole requires the approval of all those involved and the Superintendent.

Program evaluations based on empirical data will be reported to the Assistant to the Superintendent for Secondary Instruction, the Superintendent of Schools and the Board of Education.

Last Updated Date: 11/16/2021

Adoption Date: 12/07/2004

Revision History: 4/1/2014; 4/25/17; 11/16/21

Related Policies: 7380 - 7411- 8350

All content maintained on the Brockport Central School District website shall adhere to the Code of Conduct.

The Superintendent of Schools shall promulgate and administer an Acceptable Use Policy which shall provide standards for acceptable use and compliance with all legal, privacy, and safety concerns relevant to the District website.

Policy References:

Digital Millennium Copyright Act (DMCA), 17 USC Sections 101 et seq., 512 and 1201 et seq. Family Educational Rights and Privacy Act of 1974, 20 USC Section 1232(g) 34 CFR Parts 99 and 201

Last Updated Date: 11/16/2021

Adoption Date: 02/25/2020

Revision History: 11/16/21

The Brockport Central School District supports the appropriate use of therapy dogs for the social and emotional benefit of its students.

Therapy dogs in the school setting shall be recommended by the Building Principal to the Superintendent of Schools for approval by the Board of Education on an annual basis. The following information will be submitted by the handler prior to approval by the Board of Education:

• The proof of registration as a therapy dog handler with the individual therapy dog to be used from a professional organization such as Therapy Dogs International, or other such organization.
• Proof from a licensed veterinarian that the therapy dog is in good health and has been immunized against diseases common to dogs. All vaccinations shall be kept current and up to date at all times.
• Proof of licensure from the local dog licensing authority.
• Copy of an insurance policy that provides liability coverage for the work of the handler and therapy dog while the two are on school district property.

Use of the Therapy Dog in School

The District supports the use of therapy dogs for the benefit of its students subject to the conditions of this policy. Benefits from working or visiting with a therapy dog include reduced stress, improved physical and emotional well-being, lower blood pressure, decreased anxiety, improve self-esteem and normalization of the environment, increasing the likelihood of successful academic achievement by the student. Examples of activities that students may engage in with a therapy dog include petting and/or hugging the dog, speaking to the dog, giving the dog simple commands that the dog is training to respond to, and reading to the dog.

Animal assisted therapy can be a goal-driven intervention, which is directed and/or delivered by a health, human, or education service professional and is meant to improve physical, social, emotional and/or cognitive function of an individual. Animal assisted therapy can also enhance existing academic and social emotional support programs for one or more students.

A therapy dog is a dog that has been individually trained evaluated and registered with his/her handler to provide animal assisted activities, animal assisted therapy and animal assisted interactions within a school or other facility. Therapy dogs are not the same as “emotional support animals” nor are they “service animals” as that term is defined under the Americans with Disabilities Act. The handler is an individual school district staff member who has been individually trained, evaluated, and registered with the therapy dog to provide animal assisted activities, animal assisted therapy, and animal assisted interactions within a school or other facility.

The handler shall assume full responsibility for the therapy dog’s care, behavior, and suitability for interacting with students and others in the school while the therapy dog is on school district property.

The handler shall be solely responsible for the supervision and humane care of the therapy dog, including any feeding, exercising, and cleaning up after the therapy dog while the therapy dog is in the school building or on school property. The handler shall not leave the therapy dog unsupervised or alone on school property at any time. The district bears no financial responsibility for the required therapy dog training, care or feeding of the animal.

The Building Principal shall notify parents and staff on an annual basis regarding the presence of therapy dogs in the school building.

Therapy Dog Standards and Procedures

Registration: The therapy dog shall have registration from an organization that requires an evaluation of the therapy dog and handler such as Therapy Dogs International (TDI), and shall remain current and in good standing at all times.

Health and Vaccination: The handler shall submit proof from a licensed veterinarian that the therapy dog is in good health and has been immunized against diseases common to dogs. Such vaccinations shall be kept current and up to date at all times.

Licensing: The handler shall submit proof of licensure from the local dog licensing authority.

Insurance: The employee must submit a copy of an insurance policy that provides liability coverage for the work of the handler and therapy dog while the two are on school district property. The District’s insurance will operate as a secondary insurer thus the dog may not be of a breed which is unacceptable to the District’s insurance plan.

Identification: The handler and therapy dog shall wear appropriate identification issued by the school district.

Health and Safety: The Board of Education shall ensure that the therapy dog does not pose a health and safety risk to any student, employee, or other person at school and that the therapy dog is brought to the school district only when properly groomed, bathed, free of illness or injury and of the temperament appropriate for working with children and others in the schools.

Control: The handler shall ensure that the therapy dog wears a collar or harness and a leash no longer than four feet and shall maintain control of the therapy dog by holding the leash at all times that the therapy dog is on school district property, including during breaks, unless holding such leash would interfere with the therapy dog’s safe, effective performance of its work or tasks. However, the handler shall maintain control of the therapy dog at all times and shall not tether the therapy dog to any individual or object.

Authorized Area(s): The handler shall ensure that the therapy dog has access to only such areas of the school building or properties that have been authorized by school district administrators.

Allergies and Aversions: The handler shall remove the therapy dog to a separate area, as designated by the school administrator, in such instances where any student or school employee who suffers dog allergies or aversion is present in an office, hallway, or classroom.

Damages and Injuries: The Board of Education shall not assume responsibility and/or liability for any damage to school property or injury to district staff, students, or others in the school caused by the therapy dog, except to the extent independently required by law. Any liability imposed on the handler will be covered by the handler’s insurance policy which the handler shall purchase as described above.

Exclusion or Removal from School District Property: A therapy dog may be excluded from school district property if a school administrator determines that: (1) The handler does not have control of the therapy dog; (2) The therapy dog is not housebroken; (3) The therapy dog presents a direct and immediate threat to others in the school; or (4) The therapy dog’s presence otherwise interferes with the educational program. The handler shall immediately remove his/her therapy dog from school property when instructed to do so by a school administrator.

Bite Policy: The Brockport Central School District has a zero-bite policy. A bite is defined as the bruising or breaking of the skin. A therapy dog that is determined to have bitten a person on school grounds or while engaged in therapy work will be permanently barred from working in the Brockport School District.

Last Updated Date: 11/16/2021

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 2/28/17; 11/16/21

The Brockport Central School District welcomes parents, guardians and community members to visit our schools where such visits contribute to the educational, social, or emotional development of students. 

Visitors shall enter school buildings through the main entrances only, report to the main office or designated reception area upon arrival at a school, state their business, and adhere to all entry requirements and visitation guidelines of that building.

Visitations to classrooms will be scheduled with the building principal to allow teachers the opportunity to arrange their schedules to accommodate such requests. 

Policy References:

Education Law Section 2801 Penal Law Sections 140.10 and 240.35

Last Updated Date: 03/07/2017

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 3/7/17

All complaints regarding any facet of the school operation will be handled by the administrative officer in charge of the unit closest to the source of the complaint. In most instances, therefore, complaints will be made to the building principal and/or his/her assistant if the matter cannot be resolved by the teacher, coach, or other school employee. Anonymous complaints will not be considered.

If the complaint and related concerns are not resolved at this level to the satisfaction of the complainant, the complaint may be carried to the Superintendent and/or one of his/her assistants. Unresolved complaints at the building level must be reported to the Superintendent by the building principal. The Superintendent may require the statement of the complainant in writing. 

If the complaint and related concerns are not resolved at the Superintendent level to the satisfaction of the complainant, the complaint may be carried to the Board of Education. Unresolved complaints at the Superintendent level must be reported to the Board of Education by the Superintendent. The Board of Education reserves the right to require prior written reports from appropriate parties.

Last Updated Date: 11/16/2021

Adoption Date: 07/19/1994

Revision History: 12/19/1995; 6/20/00; 3/7/17; 11/16/21

Complaints about Board of Education policies shall be directed to the Superintendent of Schools or their designee, who shall forward complaints to the Board. Complaints should be in writing and should state the specific nature of the complaint.

The Superintendent or their designee shall review any complaint and investigate as appropriate. The complaint and the Superintendent’s recommendation shall be submitted to the Board for consideration. Whenever appropriate, the Board shall notify the complainant of any action taken.

Last Updated Date: 11/16/2021

Adoption Date: 12/16/1971

Revision History: 8/26/1975; 7/19/94; 6/20/00; 11/5/13; 3/7/17; 11/16/21

Distribution of Promotional Materials to Students

Requests are often made to the Brockport Central School District regarding distribution of promotional materials. Unapproved materials from outside organizations are not to be sent home with students. All approved materials shall be posted online.

As a condition of approval, all materials from outside organizations must comply with all applicable District regulations and be approved by the Superintendent of Schools or Building Principal.

Advertising in the Schools

District facilities, staff, or students shall not be used to  advertise for any commercial, political, or other non-school agency, individual or organization, except that:

1. Schools may cooperate in furthering the work of any non-profit, community-wide, social service agency, provided that such cooperation does not restrict or impair the educational program of the schools or conflict with Section 19.6 of the Rules of the Board of Regents;
2. The schools may use films or other educational materials bearing only simple mention of the producing firm;
3. The Superintendent of Schools may authorize the announcement of any lecture or other community activity of particular educational merit; or
4. The schools may, upon approval of the Superintendent and the Board of Education, cooperate with any agency in promoting activities in the general public interest that are non-partisan and non-controversial, and that promote the education and other best interests of the students.

Policy References:

New York State Constitution Article 8, Section 18 New York Code of Rules and Regulations (NYCRR) Section 19.6

Last Updated Date: 03/05/2024

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 3/7/17; 11/16/21; 03/05/24

The Board of Education supports the Parent-Teacher-Student Association and its goal to develop a united effort between educators and the general public to secure for every child the highest achievement in physical, academic and social education.

The Board encourages staff members, parents and students to join the Parent-Teacher-Student Association and to participate actively in its programs.

Last Updated Date: 11/16/2021

Adoption Date: 11/23/1982

Revision History: 7/19/1994; 6/20/00; 6/5/01; 9/17/02; 4/25/06; 3/7/17; 3/17/2020; 11/16/21

Booster clubs are organizations created and directed by adults in the community who wish to support special areas of interest including, but not limited to, academic and athletic programs.

In recognizing the value of these organizations, the Board of Education establishes the following guidelines for booster clubs associated with the Brockport Central School District:

1. Booster clubs, upon inception, shall file  a request for recognition, including a statement of their purpose and function with the Board.
2. Booster groups must follow Board policies for facility utilization, presentation of gifts, and fundraising.
3. Students will not be members of any booster group.
4. Recognizing the finite resources of our District, booster organizations will operate in concert with one another, and no one organization will take precedence over the others.
5. Booster organizations shall not charge or collect funds on the District’s behalf directly from students or their families in support of specific events or needs. Any booster financial support of activities for a stated purpose shall be made in the form of a gift to the Board. The Board reserves the right to accept or reject such gifts.
6. District employees, while engaging in official duties, shall not be a member of a booster association that provides support to those activities. For example: A coach for the football team, which is supported by public funds, shall not be a member of the football booster association whose main purpose is to raise private funds to support the football program.

Violations of any District policy or regulation may result in the dissolution of the booster club as well as revocation of the permission to use the school name or facilities.

Policy References:

Civil Rights Law Section 40-c Prohibits discrimination on the basis of race, creed, color, national origin, sex, marital status, sexual orientation or disability.

Last Updated Date: 11/16/2021

Adoption Date: 10/28/1980

Revision History: 6/19/1990; 9/04/90; 7/19/94; 5/02/95; 6/20/00; 7/10/01; 9/17/02; 1/20/04; 12/5/06; 3/7/17; 11/20/18; 11/16/21

Related Policies: 3282 - 3410 - 5640 - 7320

The buildings and property of the Brockport Central School District shall, in the first instance, be made available for the regular program and allied activities of the school program. When not in use for these purposes, the Board of Education authorizes the use of District buildings and property by other groups within the District, when such use does not conflict with the regular school program, subject to the limitations of applicable law, Board policies, the Code of Conduct, and any rules established for use by the Superintendent of Schools. 

Groups wishing to use District buildings or property must secure prior written approval from the Superintendent or their designee.

For the avoidance of doubt, strict compliance with the Board’s restrictions on alcohol, tobacco and drug use is an absolute condition for all community use of District facilities.

Equipment Associated with the Use of the Facility

Except when used in connection with or when rented under provisions of Education Law Section 414, District-owned materials or equipment may be used by students, District employees, and/or members of the community for education-related purposes only. Private and/or personal use of District-owned materials and equipment is strictly prohibited. 

The Board will permit District materials and equipment to be loaned to students when the material and equipment are to be used in connection with their studies or extracurricular activities, and loaned to District employees when such use is related to their employment.

At the discretion of the appropriate administrator, District personnel will be assigned to operate District-owned equipment for community organizations, and the cost of such service shall be borne by the organization.

Accountability and control over District-owned materials and equipment loaned to students, employees, or community members will be the responsibility of the Assistant Superintendent for Business or designee.

Specific Requirements Relating to Boy Scouts and other Title 36 Patriotic Youth Groups

To the extent the District receives funds made available through the United States Department of Education and maintains a "designated open forum" or a "limited public forum," as those terms are defined in federal regulation, it will not deny any group officially affiliated with the Boy Scouts of America or any other patriotic youth group listed in Title 36 of the United States Code equal access or a fair opportunity to meet. Likewise, the District will not discriminate against any such group that requests to conduct a meeting within the District's designated open forum or limited public forum, including denying such access or opportunity or discriminating for reasons based on the group's membership or leadership criteria or oath of allegiance to God and country.

The District will provide groups officially affiliated with the Boy Scouts of America or other Title 36 patriotic youth group access to facilities and the ability to communicate using school-related means of communication on terms that are no less favorable than the most favorable terms provided to other outside youth or community groups.

The District is not required to sponsor any group officially affiliated with Boy Scouts or any other Title 36 patriotic youth group.

Admission Fees

Admission fees may only be charged for use by organizations that are educational or charitable in nature, veterans of the military services of the United States, or volunteer firefighters, but only with the prior approval from the Superintendent or their designee.

Non-Discrimination

All community use of District facilities shall be non-exclusive and shall be open to the general public. No organization making use of District facilities shall discriminate on the basis of race, creed, color, country of national origin, religion, sex, sexual orientation, age, marital status, disability, or any other protected classification.

Organization Property

Storage of organization property shall be preapproved, and said property shall be removed promptly after the event. The District assumes no responsibility for organization property used or stored on the premises.

District Personnel

At the discretion of the District, custodians, security guards, grounds staff, food service staff, technicians and/or event supervisors shall be assigned to provide services related to an organization’s use of District facilities. Organizations may also be required to participate in training pertinent to their use of District facilities. The cost of such services shall be borne by the organization. 

A county-licensed person shall oversee food preparation and service at all events. District kitchen facilities shall not be used by any District or community groups except where under the supervision of a member of the food service staff. District technicians will be required for the use of lighting or sound equipment. Where school personnel are required to be on hand, the organization will be charged a standard rate for their services. It is expected that groups requesting use of any school facility may be required to undertake an orientation with a school designee.

District Pool

The operation of the District swimming pool shall, at all times, be under the direct supervision of personnel having the proper New York State and American Red Cross certification.

Purchasing Agent

The District may not act as purchasing agent for any consumable supplies or equipment used by community organizations.

Insurance

The District requires organizations using school facilities to provide proof of insurance coverage for the event. The District requires that a minimum insurance binder of $1,000,000 be on file naming the District as additional insured and as the certificate holder before any outside group can use District facilities.

Fees for Use of District Facilities Room Rental

Non-profit community groups do not pay for room rentals, except for a special event. Room rentals are based upon size of the facility (utility costs) and equipment available for use (lights, are equipment, etc.).

The schedule is provided below:

     1.     Classrooms - $20/day
     2.     LGI - $25/hour, $100/day
     3.     Auditoriums/Cafetoriums - $100/hour, $400/day, $200 deposit required for auditorium
     4.     Gyms - $50/hour, $200/day
     5.     Pool - $50/hour, $400/day
     6.     Cafeteria - $100/day; Cafeteria w/kitchen - $125/day 

Field Rental A two-tiered schedule that reflects field maintenance and preparation costs is listed below:

1. Premium Fields - rate is higher to reflect maintenance costs

1. 1. Track - $50/hr
   2. Stadium Field - $400/hour* (Community/Rec group $50/game-practice)
   3. Varsity Baseball Field - $50/day
   4. Varsity Softball Field - $50/day

2. Secondary Fields - all other District fields: $25/day

Staff

Groups are required to pay for staffing only if their event requires additional dedicated staff. Rates are per employee.

1. Auditorium Technician (staff) $30/hour
2. Cook/Kitchen Manager (staff) $35/hour
3. Custodial and Cleaning (staff)  $30/hour
4. Grounds (staff) $30/hour
5. Security (staff) $30/hour
6. Field/Event Supervision $30/hour
7. Lighting Crew (student)
8. Preparation and clean up fees (lining of fields/grooming/cleaning services, etc.) $30/hour

Withdrawal of Privilege

The Board reserves the right to withdraw the privilege of using District facilities from any organization which violate this policy.

Policy References:

Education Law Section 414

Last Updated Date: 11/16/2021

Adoption Date: 06/19/1990

Revision History: 9/4/1990; 7/19/94; 6/20/00; 2/27/01; 12/1/09; 3/7/17; 11/16/21

The use of school facilities by students and staff does not require Board of Education approval or an insurance certificate. Such use is only appropriate where the use represents a normal extension of an employee's employment with the District. All staff members requesting the use of school facilities after school hours must complete, and have approved, a facility usage form thirty (30) days prior to such use.

Staff who wish to have access to their classrooms outside of regular school hours or when custodial/cleaning staff are not on duty are not required to complete a facilities-use form but should notify security of their presence to ensure the safety of staff while on district premises.

Under no circumstances will an internal use application be filed for outside groups.

Any effort to circumvent the Board approval process or the insurance requirement for outside groups by the inappropriate filing of an internal use application for an outside group may result in disciplinary action being taken against the employee who filed the application.

Last Updated Date: 12/21/2021

Adoption Date: 10/24/1968

Revision History: 7/19/1994; 6/20/00; 1/5/10; 3/7/17; 12/21/21

In order to insure safety for users of the facilities and area residents the Board of Education authorizes the Monroe County Sheriff's Department, the New York State Police, and the Brockport Village Police to enforce said statutes and the following regulations:

1. Any person operating a motor vehicle on Brockport Central School District property shall comply with all traffic rules and regulations established by the State of New York.
2. No person shall operate a motor vehicle or motorcycle upon any District driveway or road at a rate of speed in excess of 15 miles per hour. This does not apply to ambulances, fire or police vehicles when on emergency trips.
3. No person shall operate, stand or park a motor vehicle or motorcycle on any District property including driveways and roads unless such person is present for school business, school activities or approved recreational activities. Parking shall be in areas designated for this purpose.
4. Snowmobiles, mini-bikes, all-terrain vehicles (ATVs) and other such vehicles are prohibited from being used on any school property. "School property" includes all walks, drives, fields, the Transportation Center and the Robert Ellis nature preserve.

All staff and student vehicles are to be registered with the Human Resources Office, park in authorized areas only, obey New York State and Local Traffic Laws, and display a valid parking permit.

Noncompliance with this policy and/or violation of applicable laws may result in the revocation of driving privileges on District property.

Policy References:

Vehicle and Traffic Law Section 1670

Last Updated Date: 12/21/2021

Adoption Date: 10/22/1974

Revision History: 12/4/2012; 6/20/00; 1/20/04; 3/20/07; 6/19/07; 9/18/07; 2/28/17; 12/21/21

Related Policies: 1510

Access to records of the Brockport Central School District shall be consistent with the rules and regulations established by the State Committee on Open Government and shall comply with all the requirements of the New York State Freedom of Information Law (FOIL).

Records Access Officer

A Records Access Officer shall be designated by the Superintendent of Schools, subject to the approval of the Board of Education, who shall have the duty of coordinating the District's response to public request for access to records.

Regulations pertaining to accessing District records shall be promulgated and maintained by the Superintendent, and shall be consistent with the law and its corresponding regulations and requirements.

Fulfilling FOIL Requests

The District will provide copies of records in the format and on the medium requested by the person filing the FOIL request if the District can reasonably do so regardless of burden, volume, or cost of the request. The District may charge a fee for copies as permitted by law and regulation.

The District may require a person requesting lists of names and addresses to provide a written certification that they will not use the lists of names and addresses for solicitation or fundraising purposes and will not sell, give, or otherwise make available the lists of names and addresses to any other person for the purpose of allowing that person to use the lists of names and addresses for solicitation or fundraising purposes.

Requests for Records via E-mail

If the District has the capability to retrieve  or extract electronic records with reasonable effort, it  will provide such records electronically upon request. The District will accept requests for records submitted by email (sent to the address provided on the District website) and respond to those requests by email using the forms supplied by the District.

When the District maintains requested records electronically, the response shall inform the requester that the records are accessible via the Internet and either on paper or other information storage medium.

Notification

The District will post, in a conspicuous location, wherever records are kept and/or publish in a local newspaper of general circulation a notice which contains: the locations where records will be made available for inspection and copying; the name, title, business address, and business telephone number of the Records Access Officer; and the right to appeal a denial of access to records with the name and business address of the person or body to whom the appeal should be directed.

Policy References:

Education Law § 2116 Public Officers Law Article 6 21 NYCRR Part 1401

Last Updated Date: 02/28/2017

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 2/28/17

The development of centralized computer banks of educational data gives rise to the question of the maintenance of confidentiality of such data while still conforming to the New York State Freedom of Information Law. The safeguarding of confidential data from inappropriate use is essential to the success of the District's operation. Access to confidential computerized data shall be limited only to authorized personnel of the School District.

It shall be a violation of the District's policy to release confidential computerized data to any unauthorized person or agency. Any employee who releases or otherwise makes improper use of such computerized data shall be subject to disciplinary action.

However, if the computerized information sought is available under the Freedom of Information Law and can be retrieved by means of existing computer programs, the District is required to disclose such information.

Policy References:

Family Educational Rights and Privacy Act of 1974 20 United States Code (USC) 1232(g) 34 Code of Federal Regulations (CFR) Part 99 Public Officers Law Section 84 et seq.

Last Updated Date: 12/21/2021

Adoption Date: 07/19/1994

Revision History: 7/24/2012; 1/20/04; 11/7/06; 6/15/10;10/01/2013; 3/7/17; 12/21/21

Related Policies:

The Brockport Central School District has developed a written Code of Conduct for the maintenance of order on District property, which shall govern the conduct of students, teachers and other school personnel, as well as visitors and vendors.

For purposes of this policy, and the implemented Code of Conduct, school property means in or within any building, structure, athletic playing field, playground, parking lot or land owned by the District, or in or on a school bus; and a school function shall mean a school-sponsored extracurricular event or activity regardless of where such event or activity takes place, including those that take place in another state or country.

The District Code of Conduct has been developed in collaboration with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.

The Code of Conduct shall include, at a minimum, the following:

1. Provisions regarding conduct, dress and language deemed appropriate and acceptable on school property and at school functions, and conduct, dress and language deemed unacceptable and inappropriate on school property; provisions regarding acceptable civil and respectful treatment of teachers, school administrators, other school personnel, students and visitors on school property and at school functions; the appropriate range of disciplinary measures which may be imposed for violation of such Code; and the roles of teachers, administrators, other school personnel, the Board of Education and parents/persons in parental relation to the student;
2. Provisions prohibiting discrimination, bullying and/or harassment against any student, by employees or students on school property or at a school function, or off school property when the actions crate or would foreseeably create a risk of substantial disruption within the school environment or where it is foreseeable that the conduct might reach school property, that creates a hostile environment by conduct, with or without physical contact, threats, intimidation or abuse, (verbal or non-verbal), of such a severe nature that:

1. 1. Has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional, and/or physical well-being; or
   2. Reasonably causes or would reasonably be expected to cause a student to fear for their physical safety.

1. Reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or
2. Occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation, or abuse might reach school property.

When the term "bullying" is used, even if not explicitly stated, such term includes cyber bullying, meaning such harassment or bullying that occurs through any form of electronic communication.

Such conduct shall include, but is not limited to, threats, intimidation, or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender as defined in Education Law Section 11(6),  sex or other protected classification; provided that nothing in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction based on a person's gender that would be permissible under Education Law Sections 3201-a or 2854(2) (a) and Title IX of the Education Amendments of 1972 (20 USC Section 1681, et seq.), or to prohibit, as discrimination based on disability, actions that would be permissible under 504 of the Rehabilitation Act of 1973;

1. Standards and procedures to assure security and safety of students and school personnel;
2. Provisions for the removal from the classroom and from school property, including a school function, of students and other persons who violate the Code;
3. Provisions prescribing the period for which a disruptive student may be removed from the classroom for each incident, provided that no such student shall return to the classroom until the Principal (or their designated District administrator) makes a final determination pursuant to Education Law Section 3214(3-a)(c) or the period of removal expires, whichever is less;
4. Disciplinary measures to be taken for incidents on school property or at school functions involving the use of tobacco, the possession or use of illegal substances or weapons, the use of physical force, vandalism, violation of another student's civil rights, harassment and threats of violence;
5. Provisions for responding to acts of discrimination, bullying and/or harassment against students by employees or students on school property at a school function, or off school property when the actions create or would foreseeable create a risk of substantial disruption within the school environment or where it is foreseeable that the conduct might reach school property, pursuant to clause (b) of this subparagraph;
6. Provisions for detention, suspension and removal from the classroom of students, consistent with Education Law Section 3214 and other applicable federal, state and local laws, including provisions for school authorities to establish procedures to ensure the provision of continued educational programming and activities for students removed from the classroom, placed in detention, or suspended from school, which shall include alternative educational programs appropriate to individual student needs;
7. Procedures by which violations are reported and determined, and the disciplinary measures imposed and carried out;
8. Provisions ensuring the Code and its enforcement are in compliance with state and federal laws relating to students with disabilities;
9. Provisions setting forth the procedures by which local law enforcement agencies shall be notified of Code violations which constitute a crime;
10. Provisions setting forth the circumstances under and procedures by which parents/persons in parental relation to the student shall be notified of Code violations;
11. Provisions setting forth the circumstances under and procedures by which a complaint in criminal court, a juvenile delinquency petition or person in need of supervision ("PINS") petition as defined in Articles 3 and 7 of the Family Court Act will be filed;
12. Circumstances under and procedures by which referral to appropriate human service agencies shall be made;
13. A minimum suspension period for any student who is repeatedly and substantially disruptive of the educational process or substantially interfere with the teacher's authority over the classroom, provided that the suspending authority may reduce such period on a case-by-case basis to be consistent with any other state and federal law. For purposes of this requirement, as defined in Commissioner's Regulations, "repeatedly and substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom" shall mean engaging in conduct which results in the removal of the student from the classroom by teacher(s) pursuant to the provisions of Education Law Section 3214(3-a) and the provisions set forth in the Code on four  or more occasions during a semester, or three or more occasions during a trimester, as applicable;
14. A minimum suspension period for acts that would qualify the student to be defined as a violent student pursuant to Education Law Section 3214(2-a)(a). However, the suspending authority may reduce the suspension period on a case-by-case basis consistent with any other state and federal law;
15. A Bill of Rights and Responsibilities of Students which focuses upon positive student behavior and a safe and supportive school climate, which shall be written in plain-language, publicized and explained in an age-appropriate manner to all students on an annual basis;
16. Guidelines and programs for in-service education programs for all District staff members to ensure effective implementation of school policy on school conduct and discipline, including but not limited to, guidelines on promoting a safe and supportive school climate while discouraging, among other things, discrimination, bullying and/or harassment against students by students and/or school employees; and including safe and supportive school climate concepts in the curriculum and classroom management;
17. a provision prohibiting retaliation against any individual who, in good faith, reports or assists in the investigation of bullying, and/or discrimination; and
18. The name(s), contact information and school building for each of the Dignity Act Coordinators.

The District's Code of Conduct shall be adopted by the Board of Education only after at least one  public hearing that provided for the participation of school personnel, parents/persons in parental relation, students, and any other interested parties.

The Code of Conduct shall be reviewed on an annual basis and updated as necessary in accordance with law. The District may establish a committee pursuant to Education Law Section 2801(5)(a) to facilitate review of its Code of Conduct and the District's response to Code of Conduct violations. The Board shall reapprove any updated Code of Conduct or adopt revisions only after at least one public hearing that provides for the participation of school personnel, parents/persons in parental relation, students, and any other interested parties. The District shall file a copy of its Code of Conduct and any amendments with the Commissioner, in a manner prescribed by the Commissioner, no later than thirty days after their respective adoptions.

The Board of Education shall ensure community awareness of its Code of Conduct by:

1. Posting the complete Code of Conduct on the District website, if any, including any annual updates and other amendments to the Code;
2. Providing copies of a summary of the Code of Conduct to all students in an age-appropriate version, written in plain language.
3. Providing a plain language summary of the Code of Conduct to all parents or persons in parental relation to students before the beginning of each school year and making the summary available thereafter upon request;
4. Providing each teacher with a copy of the complete Code of Conduct and a copy of any amendments to the Code as soon as practicable following initial adoption or amendment of the Code; and
5. Making complete copies available for review by students, parents or persons in parental relation to students, other school staff and other community members.

Privacy Rights

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.

Policy References:

Education Law Sections 11(8) 801-a, 2801 and 3214 Family Court Act Articles 3 and 7 Vehicle and Traffic Law Section 142 8 New York Code of Rules and Regulations (NYCRR) Section 100.2

Last Updated Date: 12/21/2021

Adoption Date: 06/20/2000

Revision History: 5/6/2014; 3/7/17; 12/21/21

Related Policies: 7360

It is prohibited for any person to knowingly possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge, and any object that could be considered a reasonable facsimile of a weapon, upon school grounds or in any District building without the express written authorization of the Superintendent of Schools or their designee.

The term "weapon" means a device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or bodily injury.

Additionally, the possession of any weapon, as defined in the New York State Penal Code, on school property or in school buildings is prohibited, except by law enforcement personnel or upon written authorization of the Superintendent or their designee.

Policy References:

Penal Law Sections 265.01-205.06

Last Updated Date: 12/21/2021

Adoption Date: 06/05/2001

Revision History: 12/4/2012; 3/7/17; 12/21/21

Related Policies: 3210

The Brockport Central School District is committed to providing a safe and secure environment for our students and employees. The District will issue Identification (ID) badges to all full-time and part-time employees. The ID badge serves the dual purpose of allowing access to secured areas as well as readily identifying District employees and other authorized personnel. In addition, ID badges will provide measured protection against unauthorized personnel and intruders from entering District buildings. 

Employees and Temporary Staff

ID badges will be issued by the Office of Human Resources to all employees. ID badges will include the employee's name and photo, together with building and/or District information. ID badges shall be worn during the school day and when advising or chaperoning school-sponsored activities. 

Long-term substitute teachers and student teachers, who are assigned to District buildings for an extended period of time, may be issued a regular ID badge by the Office of Human Resources. Short-term substitute teachers, other temporary employees and contract staff will be required to sign in each time they enter a District building. A non-picture ID badge (visitor or other temporary badge) will be issued to staff members in this category and it will be their responsibility to return the badge upon leaving the building each day. 

The ID badge is the property of the District and may only be used by the individual to whom it was issued. Employees may not loan their ID badge to anyone for any reason. Upon separation from employment, employees are required to return the ID badge.

Visitors

Visitors, including approved volunteers and vendors, will wear a "Visitor" identification badge after signing in and gaining permission to be on the premises during school hours. The badge must be worn in a highly visible manner while in District buildings and shall be surrendered when exiting the building.

Last Updated Date: 04/20/2021

Adoption Date: 04/20/2021

Related Policies: 6121 - 7500 - 7531 - 8120

As required by Title IX of the Education Amendments of 1972, the Brockport Central School District does not discriminate on the basis of sex in its education programs and activities, admissions or when making employment decisions.

Scope and Application of Policy and Questions Related to Application

This policy is limited to addressing complaints of sex discrimination, including formal complaints of sexual harassment, as expressly defined by Title IX. This policy applies to any individual participating in or attempting to participate in the District’s education programs or activities including students and employees.

If the allegations forming the basis of a formal complaint of sexual harassment, if proven, would constitute prohibited sexual harassment under Title IX, then the grievance process outlined in this policy will apply to the investigation and adjudication of the allegations.  If the allegations would not constitute sexual harassment under Title IX or no formal complaint is filed, the District will follow other policies and protocols, as applicable, in addressing the concerns, such as:

• 6121 –Sexual Harassment – Employees
• 7500 – Dignity for All Students Act
• 7531 – Sexual Harassment of Students
• 8120 – Non-Discrimination/Equal Educational Opportunities
• The District’s Code of Conduct

Inquiries about this policy or the application of Title IX may be directed to the District’s Title IX Coordinator(s), the Assistant Secretary for Civil Rights of the United States Department of Education, or both.

What Constitutes Sex Discrimination Including Sexual Harassment

Title IX prohibits various types of sex discrimination including, but not limited to:  sexual harassment; the failure to provide equal athletic opportunity; sex-based discrimination in the District’s science, technology, engineering, and math (STEM) courses and programs; and discrimination based on pregnancy.

Under Title IX, sexual harassment includes conduct on the basis of sex that satisfies one or more of the following:

1. An employee of the District conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity;
3. Sexual assault, meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation
4. Fear for his or her safety or the safety of others; or
5. Suffer substantial emotional distress.
6. Dating violence, meaning violence committed by a person:
   1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
   2. Where the existence of such a relationship will be determined based on a consideration of the following factors:
      1. The length of the relationship;
      2. The type of relationship;
      3. The frequency of interaction between the persons involved in the relationship;
7. Domestic violence, meaning felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction; or
8. Stalking, meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
   1. Fear for his or her safety or the safety of others; or
   2. Suffer substantial Emotional Distress

Title IX Coordinator(s)

The District has designated and authorized the following District employee(s) to serve as its Title IX Coordinator(s):

Primary:         Jerilee Gulino, Assistant Superintendent for Human Resources

Secondary:     Darrin Winkley, Assistant Superintendent for Business

Brockport Central School District
40 Allen Street
Brockport, New York 14420
(585) 637-1912
Jerilee.Gulino@bcs1.org

The Title IX Coordinator(s), who must be referred to as such, will coordinate the District’s efforts to comply with its responsibilities under Title IX. However, the responsibilities of the Title IX Coordinator(s) may be delegated to other personnel.

Where appropriate, the Title IX Coordinator(s) may seek the assistance of the District’s Civil Rights Compliance Officer(s) (CRCO(s)) and/or Dignity Act Coordinator(s) (DAC(s)) in investigating, responding to, and remedying complaints of sex discrimination, including sexual harassment.

Reporting Allegations of Sex Discrimination and Formal Complaints of Sexual Harassment

Any person may report sex discrimination, including sexual harassment, regardless of whether or not he/she is the alleged victim. Reports may be made in person, by using the contact information for the Title IX Coordinator(s), or by any other means that results in the Title IX Coordinator receiving the person’s oral or written report. This report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator.

Reports of sex discrimination may also be made to any other District employee including a supervisor, building principal, or the District’s CRCO(s). All reports of sex discrimination, including sexual harassment, will be forwarded to a District Title IX Coordinator. Reports may also be forwarded to other District employees, in accordance with applicable Board of Education policies and/or the Code of Conduct, depending on the nature of the allegations.

All District employees who witness or receive an oral or written report of sex discrimination or sexual harassment must promptly inform a CRCO or a Title IX Coordinator. Failure to promptly inform a CRCO or a Title IX Coordinator may subject the employee to discipline up to and including termination.

Filing a Formal Complaint

An individual who is participating in or attempting to participate in the District’s education programs or activities (or their parent or legal guardian) may file a formal complaint of sexual harassment.

Making a report of sexual harassment is not the same as filing a formal complaint of sexual harassment.  A formal complaint is a document either filed by a complainant or a parent or legal guardian who has a right to act on behalf of the complainant or signed by the Title IX Coordinator, which alleges sexual harassment (as defined in this policy) against a respondent (i.e., alleged perpetrator of sexual harassment) and requests that the District investigate the allegations.

The formal complaint form may be obtained from a District Title IX Coordinator or found on the District’s website.

The District must respond to all reports it receives of sexual harassment. The Title IX grievance process set forth in this policy, however, is only applicable if a formal complaint of sexual harassment – as defined by Title IX – is filed.

A complainant may file a formal complaint with the Title IX Coordinator in person or by mail, email, or other method made available by the District. The filing of a formal complaint initiates the formal complaint grievance process set forth in this policy.

The complainant, or the complainant’s parent or legal guardian, must physically or digitally sign the formal complaint, or otherwise indicate that the complainant is the person filing the formal complaint.  Where a parent or legal guardian signs the complaint, the parent or legal guardian does not become the complainant; rather the parent or legal guardian acts on behalf of the complainant. The Title IX Coordinator may sign the formal complaint, but his or her signature does not make him or her a complainant or a party to the complaint. If the formal complaint is signed by the Title IX Coordinator, the Title IX Coordinator is still obligated to comply with the grievance process outlined in this policy.

When a formal complaint is filed, the Title IX Coordinator must send a written notice of allegations to all parties, which includes the identities of all known parties.

If a Title IX Coordinator is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another Title IX Coordinator, if the District has designated another individual to serve in that capacity. If the District has not designated another Title IX Coordinator, the Superintendent of Schools will verify that another person with the appropriate training and qualifications is appointed to act as the Title IX Coordinator.

The District will not discriminate on the basis of sex in its treatment of a complainant or a respondent in responding to a formal complaint of sexual harassment.

Grievance Process for Complaints or Concerns of Sex Discrimination and Harassment Other Than Formal Complaints of Sexual Harassment as Defined under Title IX Regulations

The District has adopted procedures that provide for the prompt and equitable resolution of complaints or concerns of sex discrimination and harassment other than formal complaints of sexual harassment as defined under Title IX regulations. In addressing any such complaints or concerns, the District will adhere to applicable policies and protocols, such as Policy #6121 –Sexual Harassment – Employees, Policy #7500 – Dignity for All Students Act, Policy #7531 – Sexual Harassment of Students, Policy #8120 – Non-Discrimination/Equal Educational Opportunities, and The District’s Code of Conduct, as applicable. 

The District will respond promptly in a manner that is not deliberately indifferent whenever it has actual knowledge of sexual harassment in an education program or activity of the District. “Actual knowledge” means notice of sexual harassment as defined under this policy or allegations of sexual harassment to a District Title IX Coordinator or any official of the District who has authority to institute corrective measures on behalf of the District, or to any District employee. Education program or activity includes locations, events, or circumstances over which the District exercised substantial control over both the respondent and the context in which the sexual harassment occurs.

Upon actual knowledge of sexual harassment as defined in this policy, a Title IX Coordinator must promptly contact complainant to discuss the availability of supportive measures, consider complainant’s wishes regarding such measures, inform complainant of the availability of such measures with or without the filing of a formal complaint, and explain to complainant the process for filing a formal complaint.

Grievance Process for Formal Complaints of Sexual Harassment as Defined under Title IX Regulations

The District will follow a grievance process that complies with law and regulation before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

The District will conduct the grievance process in a timely manner designed to provide all parties with a prompt and equitable resolution. It is anticipated that, in most cases, the grievance process will be conducted within a reasonably prompt manner and follow the time frames established in this policy.

General Requirements for the Investigative and Grievance Process

During the investigation of a formal complaint and throughout the grievance process, the District will verify that:

1. Complainants and respondents are treated equitably. This includes applying any provisions, rules, or practices incorporated into the District’s grievance process, other than those required by law or regulation, equally to both parties.
2.  All relevant evidence is objectively evaluated, including both inculpatory and exculpatory evidence. Inculpatory evidence implicates or tends to implicate an individual in a crime or wrongdoing. Exculpatory evidence frees or tends to free an individual from blame or accusation.
3. The Title IX Coordinator, investigator, decision-maker involved in the grievance process, or any person designated by the District to facilitate any informal resolution process does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
4. Respondents are presumed not to be responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
5. The grievance process, including any appeals or informal resolutions, shall be concluded within a reasonably prompt time frame and that the process may only temporarily delayed or extended for good cause. Good cause includes, but is not limited to, considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. Whenever the time frame is temporarily delayed or extended, written notice will be provided to all complainants and respondents of the delay or extension and the reasons for the action.
6. The parties are made aware by copy of this policy or otherwise that the range of possible disciplinary sanctions and remedies that may be implemented by the District following any determination regarding responsibility are those set forth in the District’s Code of Conduct and/or are in accordance with New York Education Law Section 3214.
7. The preponderance of the evidence standard (i.e., more likely than not) is used to determine responsibility in all formal complaints of sexual harassment as defined in this policy.
8. The procedures and permissible bases for an appeal are known to all complainants and respondents by receiving a copy of this policy or otherwise.
9. The range of supportive measures available are known to all parties by copy of this policy or otherwise.  “Supportive measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. These measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas, and other similar measures. The District must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
10. There is no requirement, allowance of, reliance on, or otherwise use of questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding the privilege has waived the privilege.
11. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the District and not on the parties.
12. The Title IX Coordinator, the investigator, any decision-maker, or any other person participating on behalf the District does not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the District obtains that party’s voluntary, written consent to do so for the grievance process. If the party is not an eligible student, as defined in FERPA as a student who has reached 18 years of age or is attending a post-secondary institution, the District will obtain the voluntary, written consent of a parent (as defined by FERPA regulations).
13. The parties have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
14. Credibility determinations are not based on a person’s status as a complainant, respondent, or witness.
15. The ability of either party to discuss the allegations under investigation or to gather and present relevant evidence is not restricted.
16. The parties are provided with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for any complainant or respondent in any meeting or grievance proceeding. However, the District may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
17. Written notice of the date, time, location, participants, and purpose of all investigative interviews or other meetings is provided to any party whose participation is invited or expected with sufficient time for the party to prepare to participate.
18. The parties are provided with equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the District does not intend to rely on in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.
19. Any document sent to a minor or legally incompetent person is also sent to the party’s parent or legal guardian.
20. Any document sent to a party is also sent to the party’s advisor, if known.
21. Prior to completion of the investigative report, the District will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties will have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report.

After a Report of Sexual Harassment Has Been Made

After receiving a report of sexual harassment, the Title IX Coordinator will:

1. Promptly contact the complainant to discuss and offer supportive measures;
2.  Inform the complainant both of the range of supportive measures available and that these measures are available regardless of whether a formal complaint is filed;
3. Consider the complainant’s wishes with respect to supportive measures; and
4.  Explain to the complainant the process for filing a formal complaint.

The Title IX Coordinator may also contact the respondent to discuss and/or impose supportive measures.

Emergency Removal and Administrative Leave

At any point after receiving a report or formal complaint of sexual harassment, the District may immediately remove a respondent from the District’s education program or activity on an emergency basis, provided that the District:

1. Undertakes an individualized safety and risk analysis;
2. Determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal; and
3. Provides the respondent with notice and an opportunity to challenge the decision immediately following the removal. 

The District should coordinate its Title IX compliance efforts with special education staff when initiating an emergency removal of a student with a disability from an education program or activity, as the removal could constitute a change of placement under the IDEA or Section 504.  Any removal must also comply with New York Education Law Section 3214 requirements.  

The District may place a non-student employee respondent on administrative leave with or without pay during the pendency of the grievance process in accordance with law and regulation and any applicable District policy, procedure, or collective bargaining agreement.

Written Notice of Allegations

Upon receipt of a formal complaint, the District will send all known parties written notice of:

1. The District's grievance process (as set forth in this policy), including any informal resolution process; and
2. The allegations of sexual harassment, which will:

• Provide sufficient details known at the time and sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known;
• State that the respondent is presumed not to be responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
• Inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney;
• Inform the parties that they may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint; and
• Include notice of any provision in any applicable District policy, procedure, collective bargaining agreement, or other document, such as the District’s Code of Conduct, that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If, in the course of an investigation, the District decides to investigate allegations about any complainant or respondent that were not included in the initial notice, the District will provide another notice of the additional allegations to the parties whose identities are known.

Investigation of a Formal Complaint

A Title IX Coordinator will generally oversee the District’s investigation of all formal complaints of sexual harassment, as defined by this policy. During the investigation of a formal complaint, the Title IX Coordinator or another District employee may serve as the District’s investigator. The District may also outsource all or part of an investigation to an appropriate third party or parties, in accordance with legal requirements.

It is anticipated that most investigations will be completed within 30 to 60 days after receiving a formal complaint of sexual harassment as defined under this policy.  This timeframe may vary, depending on factors, such as the number of witnesses and the evidence to be considered, but all investigations will be promptly completed.    

During the investigation of a formal complaint, the investigator will:

1. Collect, review, and preserve all evidence including, but not limited to, any relevant documents, videos, electronic communications, and phone records.
2.  Interview relevant persons.
3. Create an investigative report that fairly summarizes relevant evidence.  At least 10 days prior to a determination regarding responsibility, the investigative report will be sent to each party and the party’s advisor, if any, in an electronic format or a hard copy, for their review and written response.
4. Prior to completion of the investigative report, the District will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties will have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report.
5. Keep any written documentation and associated documents in a secure and confidential location. 

Determination Regarding Responsibility

At least 10 days prior to a determination regarding responsibility, the investigative report will be sent to each party and the party’s advisor, if any, in an electronic format or a hard copy, for their review and written response.

The District will designate an individual decision-maker or a panel of decision-makers to issue a written determination regarding responsibility. The decision-maker will not be the same individual as either the Title IX Coordinator or the investigator(s).

Before reaching a determination regarding responsibility, the decision-maker(s) will afford each party the opportunity to:

1. Submit written, relevant questions that a party wants asked of any party or witness within 5 days after the parties have received the investigative report;
2. Generally provide each party with the answers given by any party or witness within 7 days of receiving the questions; and
3.  Allow for additional, limited follow-up questions and responses from each party to occur within 5 days after the parties have received responses to their initial questions. 

Questions and evidence about a complainant’s sexual predisposition or prior sexual behavior will not be considered, unless the questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. The decision-maker(s) will explain to the party proposing the questions any decision to exclude a question as not relevant.

The decision-maker(s) will generally issue a written determination regarding responsibility to the Title IX Coordinator, the Superintendent, and all parties simultaneously within 10 days after all follow-up questions have been responded to.

To reach this determination, the decision-maker(s) will use the preponderance of the evidence standard, which is the standard of evidence that will be applied in all formal complaints of sexual harassment. This standard is understood to mean that the party with the burden of persuasion must prove that a proposition is more likely true than not (more than 50%).

The written notice of the determination regarding responsibility will include:

1. Identification of the allegations potentially constituting sexual harassment;
2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence;
3. Findings of fact supporting the determination;
4. Conclusions regarding the application of any applicable District policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct to the facts;
5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the District is imposing on the respondent, and whether remedies designed to restore or preserve equal access to the District’s education program or activity will be provided by the District to the complainant; and
6. The District’s procedures and permissible bases for the complainant and respondent to appeal.

Finality of Determination Regarding Responsibility

The determination regarding responsibility becomes final either on the date that the District provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

Where a determination regarding responsibility for sexual harassment has been made against the respondent, remedies will be provided to a complainant and disciplinary sanctions may be imposed on a respondent. Remedies will be designed to restore or preserve equal access to the District’s education program or activity. Remedies and disciplinary sanctions will be implemented in accordance with applicable laws and regulations, as well as any District policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct.

The Title IX Coordinator is responsible for the effective implementation of any remedies and/or disciplinary sanctions. The Title IX Coordinator will work with other individuals as necessary to effectively implement remedies and/or disciplinary sanctions.

Appeals

Either party may file an appeal from a determination regarding responsibility or from the District’s dismissal of a formal complaint or any of its allegations. Appeals must be submitted in writing to the Title IX Coordinator within 20 days of the written notice of the determination regarding responsibility or dismissal of the formal complaint or any of its allegations.

An appeal may only be based upon one or more of the following bases:

1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or
3. The Title IX Coordinator, investigator, or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

The bases on which a party is seeking an appeal must be specifically stated in the party’s written appeal.

Upon receipt of an appeal, the District will:

1. Notify the other party in writing that an appeal has been filed and implement appeal procedures equally for both parties;
2. Verify that any decision-maker for the appeal:
   • Is not the same person as any decision-maker that reached the initial determination regarding responsibility or dismissal, investigator, or Title IX Coordinator;
   • Does not have any conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent;
3. Give all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. Parties will have to submit these written statements within 10 days after the parties have been notified of the appeal;
4. Issue a written decision describing the result of the appeal and the rationale for the result; and
5. Generally provide the written decision simultaneously to the parties within 20 days after receiving the parties written statements in support of, or challenging, the outcome.

Dismissal of a Formal Complaint

The District must dismiss a formal complaint under Title IX if the conduct alleged:

1. Would not constitute sexual harassment under the Title IX regulations even if proven;
2. Did not occur in the District’s education program or activity; or
3. Did not occur against a person in the United States.

Further, the District may dismiss a formal complaint or any of its allegations under Title IX, if at any time during the investigation:

1. A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any of its allegations;
2. The respondent is no longer enrolled in or employed by the District; or
3. Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or any of its allegations.

Upon a dismissal of a formal complaint, the District must promptly send written notice of the dismissal and reason(s) for the dismissal simultaneously to the parties.

The dismissal of a formal complaint under Title IX does not preclude investigation and/or related follow-up or corrective or remedial action under another related District policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct. 

Informal Resolutions

Before reaching a determination regarding responsibility, but only after a formal complaint is filed, the District may in its discretion offer and facilitate the use of an informal resolution process, such as mediation, that does not involve a full investigation and adjudication of the formal complaint.

Informal resolutions will generally be completed within 30 days, absent extraordinary circumstances.

The District will not require that parties participate in an informal resolution process. The District will not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student. Further, the District will not require the waiver of the right to an investigation and adjudication of formal complaints of sexual harassment as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right.

If the District offers and facilitates the use of an informal resolution process, it will:

1. Provide written notice to all known parties which details:
2. The allegations in the formal complaint;
3. The requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint;
4. Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; and
5. Obtain the parties’ voluntary, written consent to the informal resolution process.

Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)

The District prohibits retaliation against any individual for the purpose of interfering with his or her Title IX rights or because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation or proceeding under Title IX.  Intimidation, threats, coercion, or discrimination, including charges against an individual for Code of Conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by title IX or this part, constitutes prohibited retaliation.

Charging an individual with a Code of Conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this part does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination set forth in this policy.  If a Title IX Coordinator is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another Title IX Coordinator, if the District has designated another individual to serve in that capacity. If the District has not designated another Title IX Coordinator, the Superintendent will verify that another person with the appropriate training and qualifications is appointed to act as the Title IX Coordinator.  All complaints alleging retaliation will be handled in a manner consistent with the District’s policies.

Confidentiality

Except where disclosure may be permitted or is required by law, regulation and/or this policy, the District will keep confidential the identity of: any individual who has made a report or complaint of sex discrimination; any individual who has made a report or filed a formal complaint of sexual harassment; a complainant; an individual who has been reported to be the perpetrator of sex discrimination; a respondent; and a witness.

Training

The District will verify that:

1. All Title IX Coordinators, investigators, decision-makers, or persons who facilitate an informal resolution process receive training on:
2. The definition of sexual harassment as defined in Title IX;
3.  The scope of the District’s education program or activity;
4.  How to conduct an investigation and grievance process including appeals and informal resolution processes, as applicable; and
5. How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
6. All decision-makers receive training on issues of relevance of questions and evidence, including when questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant.
7. All investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
8. All District employees receive training on mandatory reporting obligations and any other responsibilities that they may have relative to Title IX.

Materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process will not rely on sex stereotypes and will promote impartial investigations and adjudications of formal complaints of sexual harassment. Training materials will be made publicly available on the District’s website.

Notification

The District will notify students, parents or legal guardians of students, employees, applicants for employment, and all unions or professional organizations holding collective bargaining or professional agreements with the District of this policy.

Further, the District will prominently publish this policy and the contact information for the Title IX Coordinator(s) on its website and in other publications, including in each handbook or catalog that it makes available to the individuals and parties referenced above.

Additional Documentation Requirements

In each instance, the District must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the District’s education program or activity. If the District does not provide a complainant with supportive measures, then it must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the District in the future from providing additional explanations or detailing additional measures taken.

Recordkeeping

For a period of seven years, the District will retain the following:

1. Records of each sexual harassment investigation including any:
2. Determination regarding responsibility;
3. Disciplinary sanctions imposed on the respondent; and
4. Remedies provided to the complainant designed to restore or preserve equal access to the District’s education program or activity.
5. Any appeal and its result.
6. Any informal resolution and its result.
7. All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.
8. Records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment or, if no supportive measures were taken, documentation regarding the reasons why such a response was not clearly unreasonable in light of the known circumstances.
9.  Document regarding the District’s basis for its conclusion that its response was not deliberately indifferent.
10. Documentation that the District has taken measures designed to restore or preserve equal access to the District’s education program or activity.

Policy References:

Code of Conduct 20 USC § 1092(f)(6)(A)(v) 20 USC § 1681, et. Seq. 34 USC § 12291(a)(8, 10, and 30) 34 CFR Part 106 Education Law § 13 8 NYCRR § 100.2(kk)

Last Updated Date: 03/15/2022

Adoption Date: 03/15/2022

The Board of Education desires that the Brockport Central School District shall be a positive and inclusive environment for all.

To that end:

1. The District seeks to eliminate barriers that limit a student’s chance to be successful;
2. The District will develop and maintain diversity, equity and inclusion practices;
3. The District will provide all students equal educational opportunities and resources needed to succeed; and
4. The District will provide a positive culture where all students, employees, and community members are valued and welcome, irrespective of ethnicity, disability, gender or gender identity, socioeconomic status or other protected category.

Defining Diversity, Equity, and Inclusion

For purposes of this policy:

1. "Diversity" includes but is not limited to:  race; color; ethnicity; nationality; religion; socioeconomic status; veteran status; education; marital status; language; age; gender; gender expression; gender identity; sexual orientation; mental or physical ability; genetic information; and learning style. 
2. "Equity" includes, but is not limited to, seeking the fair treatment, access, opportunity, and advancement for all while striving to identify and eliminate barriers that have prevented the full participation of all groups. 
3. "Inclusion" includes, but is not limited to, authentically bringing traditionally excluded individuals and/or groups into processes, activities, and decision/policy making in a way that shares power and ensures equal access to opportunities and resources.

Last Updated Date: 12/21/2021

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 2/28/17; 12/21/21

In the event it is necessary to close school for the day due to inclement weather or other emergency reasons, announcement thereof shall be made over local media stations designated by the Board of Education.

When school is closed, all related activities, including athletic events and student activities, will ordinarily be suspended for that day and evening.

The attendance of personnel shall be governed by their respective contracts.

Last Updated Date: 12/21/2021

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 12/19/17; 12/21/21

A person shall be entitled to vote at any school meeting for election of members of the Board of Education, and upon all matters which may be brought before such meeting, who is:

1. A citizen of the United States;
2. Eighteen years of age or older;
3. A resident within the District for a period of thirty days next preceding the meeting at which he/she offers to vote.

Any person who is not qualified under the provisions of Sections 5-100 and 5-106 of the Election Law shall not have the right to vote in an election.

Policy References:

Education Law Section 2012 Election Law Article 5