Last Reviewed Date: 01/17/2023

Adoption Date: 10/08/1970

Revision History: 7/19/1994; 6/20/00;05/07/2013;11/15/16; 11/5/19; 1/17/23

Related Policies: 1121

Section 1.

Board members and employees of the Brockport Central School District hold their positions to
serve and benefit the public, and not to obtain unwarranted personal or private gain in the 
exercise of their official powers and duties. The Board of Education recognizes that, in 
furtherance of this fundamental principle, there is a need for clear and reasonable standards of 
ethical conduct. This policy establishes those standards.

The provisions of this policy are intended to supplement Article 18 of General Municipal Law 
Sections and any other law relating to ethical conduct of Board members and employees and should not be construed to conflict with those authorities.

Section 2. Standards of Conduct.

The following rules and standards of conduct apply to all Board members and employees of the District. These rules are in addition to the Code of Conduct and all other applicable policies, laws, rules and regulations.

A. Behavior

All Board members and employees shall lead by example; be a role model; engage in civil and constructive discussions; exercise good judgment; and maintain professionalism. They shall refrain from engaging in any action that (a) breaches public trust or confidence; (b) violates their oath of office, policy, law, rule, regulation, fiduciary duties, applicable precedent, and Code of Conduct; or (c) interferes with or may interfere with the Board of Education’s operations.

All Board members and employees must clearly distinguish their personal views from those of the District.

Board members must refrain from acting as a representative of the Board and acting on behalf of the Board unless delegated by the Board for a particular, limited purpose.

B. Gifts

Pursuant to Section 805-a of the General Municipal Law, Board members and employees shall not, directly or indirectly, solicit any gift or accept or receive any gift having a value of seventy-five dollars ($75.00) or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended or expected to influence them in the performance of official duties or was intended as a reward for any official action on their part.

C.  Confidential Information

Board members and employees shall not disclose confidential information acquired in the course of their official duties or use such information to further their personal interest.

D.  Representation before one's own agency

Board members and employees shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which they are an officer, member or employee or of any municipal agency over which they have jurisdiction or to which they have the power to appoint any member, officer or employee.

E.  Representation before any agency for a contingent fee

Board members and employees shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of their municipality, whereby their compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time
of fees based upon the reasonable value of services rendered.

F.  Disclosure of interest in resolution

To the extent that known, a Board member or employee who participates in the discussion or gives official opinion to the Board on any resolution before the Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest they have in such resolution.

G.   Investments in conflict with official duties

Board members and employees shall not invest or hold any investment directly or indirectly in any financial, business, commercial, or other private transaction, that creates a conflict with their official duties.

H.  Private employment

Board members and employees shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of their official duties.

I.  Future employment

No person may, after the termination of service or employment with the District, appear before the District on behalf of their employer in relation to any case, proceeding, or application in which they personally participated during the period of their service or employment with the District or which was under their active consideration while they were with the District.

Section 3.

Nothing herein shall be deemed to bar or prevent the timely filing by a present or former Board member or employee of any claim, account, demand or suit against the District, or any agency thereof on behalf of themself or any member of their family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.

Section 4.

Distribution/Posting of Code of Ethics. The Superintendent of Schools shall make this Code of Ethics available to every Board member and employee. The Superintendent shall also post the General Municipal Law Section 800-809 in each building in the District in a place conspicuous to Board members and employees. Board members and employees are bound by this Code of Ethics and General Municipal Law Sections 800-809 regardless of whether they are actually received.

Section 5. Penalties

In addition to any penalty contained in any other provision of law, any person who shall knowingly violate the provisions of this Code or the General Municipal Law Sections 800-809 may be, suspended or removed from office or employment, as the case may be, in the manner provided by law.

Policy References:

General Municipal Law, Article 18 Education Law Section 410 Labor Law Section 201-d

Last Reviewed Date: 11/15/22

Adoption Date: 09/01/1987

Revision History: 7/19/1994; 6/06/00; 6/20/00; 1/20/04, 02/01/11, 11/15/16; 11/5/19; 11/15/22

Related Policies: 3421 – 6120

In accordance with the provisions of General Municipal Law and the collective bargaining
agreements, all employees of the Brockport Central School District shall have the opportunity to present their complaints or grievances free from interference, coercion, restraint, discrimination or reprisal. The District shall provide at least two procedural stages and an appellate stage for the settlement of any grievance subject to a collective bargaining agreement.

Complaints and Grievances Coordinator

 The Board directs that all District employees comply with Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans With Disabilities Act.  The Superintendent of Schools shall designate a District employee as the Title IX/Civil Rights Compliance Officer, and regulations and procedures shall be implemented to resolve complaints of discrimination based on sex or disability. The Title IX/Civil Rights Compliance Officer shall also be responsible for addressing complaints and grievances regarding discrimination based on race, color, creed, religion, national origin, political affiliation, age, veteran, military, disability, sex, pregnancy, gender identity or expression, sexual orientation, or marital status, or other legally protected category.

Policy References:

Title VII of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000-e, et seq. Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq. The Americans With Disabilities Act, 42 United States Code (USC) Section 12101 et seq. Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section 1681 et seq. New York State Civil Rights Law Section 40-c New York State Executive Law Section 290 et seq. Age Discrimination in Employment Act, 29 United States Code (USC) Section 621. Military Law Sections 242 and 243

Last Reviewed Date: 11/15/22

Adoption Date: 03/11/1975

Revision History: 10/28/1975; 3/01/88; 7/19/94; 6/06/00; 6/20/00; 1/20/04; 1/5/10; 11/15/16; 11/5/19; 11/15/22

It is the policy of the Brockport Central School District to provide, through a positive and effective program, equal opportunities for employment, retention and advancement of all people regardless of race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, age, marital status, military status, veteran status, disability, predisposing genetic characteristics, use of a recognized guide dog, hearing dog or service dog, domestic violence victim status, or any other basis prohibited by state or federal non-discrimination laws.

This policy will be provided to all employees and be made available to interested citizens and groups.

Investigation of Complaints & Grievances:

The District will act to promptly, thoroughly, and equitably investigate all complaints of discrimination, whether verbal or written, and will take appropriate action to protect individuals from further discrimination. All complaints will be handled in a manner consistent with the District's policies, procedures, and regulations regarding the investigation of discrimination and harassment complaints, Policy #6121 -- Sexual Harassment-Employees.

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

The Board of Education prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participated in the investigation of a complaint of discrimination. Follow-up inquiries shall be made to ensure that discrimination has not resumed and that all those involved in the investigation of the discrimination complaint have not suffered retaliation.

Complaints of retaliation may be directed to the Civil Rights Compliance Officer. In the event the Civil Rights Compliance Officer is the alleged offender, the report will be directed to another Civil Rights Compliance Officer, if the District has designated another individual to serve in such a capacity, or to the Superintendent of Schools.

Policy References:

Age Discrimination in Employment Act, 29 United States Code (USC) Section 1621 Americans With Disabilities Act, 42 United States Code (USC) Section 12101 et seq. Genetic Information Nondiscrimination Act of 2008 (GINA) Public Law 110-233 Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq. Title VI of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000d et seq. Title VII of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000e et seq. Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section 1681 et seq. Civil Rights Law Section 40-c Civil Service Law Section 75-B Executive Law Section 290 et seq. Labor Law Section 201-f Military Law Sections 242 and 243

Last Reviewed Date: 01/17/2023

Adoption Date: 09/01/1987

Revision History: 7/19/1994; 2/23/99; 12/21/99; 6/20/00; 9/19/06; 11/15/16; 11/6/18;1/17/23

Brockport Central School District is committed to maintaining a workplace free from sexual harassment. Sexual harassment is a form of workplace discrimination. All employees are required to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of the District’s commitment to a discrimination-free work environment.

Sexual harassment is against the law and all employees have a legal right to a workplace free from sexual harassment and employees are urged to report sexual harassment by filing a complaint internally with the District. Employees can also file a complaint with a government agency or in court under federal, state or local antidiscrimination laws. 

1. This Policy applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors, vendors, subcontractors, consultants, volunteers, parents, and persons conducting business with the District, whether on or off District owned or leased premises. For purposes of this Policy, the terms “employee” and “employees” refer to this collective group.
2. Sexual harassment will not be tolerated. Any employee who engages in sexual harassment or retaliation will be subject to remedial and disciplinary action in accordance with law and any applicable collective bargaining agreement (e.g., counseling, suspension, termination).
3. No employee covered by this Policy shall be subject to adverse action because the employee, in good faith, reports or provides information related to an incident of sexual harassment, or otherwise assists in any investigation of a sexual harassment complaint. The District does not tolerate retaliation against anyone who, in good faith, reports or provides information about suspected sexual harassment. Any employee who retaliates against a person involved in a sexual harassment investigation will be subjected to disciplinary action, up to and including termination in accordance with law and any applicable collective bargaining agreement. Any employee who believe they have been subject to such retaliation shall inform their supervisor or the Assistant Superintendent for Human Resources. All employees who believe they have been a target of such retaliation may also seek relief in other available forums, as explained below in the section on Legal Protections.
4. Sexual harassment is offensive, is a violation of this Policy, is unlawful, and may subject the District to liability for harm to targets of sexual harassment. Harassers may also be individually subject to liability. Employees of every level including managers, administrators, directors, and supervisors who engage in sexual harassment or who allow such behavior to continue, will be penalized.
5. The District will conduct a prompt and thorough investigation that ensures due process for all parties, whenever the District receives a complaint about sexual harassment, or is otherwise informed of possible sexual harassment occurring. The District will keep the investigation confidential to the extent possible. All employees are required to cooperate with any internal investigation of sexual harassment.
6. All employees are required to report any harassment or behaviors that violate this Policy. The District will provide a complaint form for the employees to report the harassment and file complaints.
7. Administrators, supervisors, directors, and managers are required to report any complaint that they receive, or any harassment that they observe or become aware of, to the Assistant Superintendent for Human Resources.
8. This Policy shall be provided to all employees upon hiring and will be posted electronically on the District’s website.

Sexual Harassment Defined

Sexual harassment is a form of sex discrimination and is unlawful under federal and state law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender. Sexual harassment includes sexual violence.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when: 

• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment;
• Such conduct is made either explicitly or implicitly a term or condition of employment; or
• Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment. 

A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation, or acts of physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit statements, derogatory statements, or sexually discriminatory remarks made by an employee which are offensive or objectionable to the recipient and interfere with the recipient’s job performance. 

Sexual harassment also occurs when a person in a position of authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment. 

Any employee who feels harassed shall report the conduct to correct any violation of this Policy. Any harassing conduct, even a single incident, can be addressed under this Policy. 

Examples of sexual harassment 

The following is an unexhaustive list of the types of acts that may be unlawful sexual harassment and that are strictly prohibited: 

• Physical acts of a sexual nature, such as:
  • Touching, pinching, patting, kissing, hugging, grabbing, brushing against another employee’s body or poking another employee’s body; or
  • Rape, sexual battery, molestation or attempts to commit these assaults.

• Unwanted sexual advances or propositions, such as:
  • Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion or other job benefits or detriments;
  • Subtle or obvious pressure for unwelcome sexual activities. 

• Sexually suggestive gestures, noises, remarks or jokes, or comments about a person’s sexuality or sexual experience, which create a hostile work environment.

• Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.

• Sexual or discriminatory displays or publications anywhere in the workplace, such as: displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic, including those displayed on workplace computers or cell phones and sharing such displays while in the workplace.

• Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity and the status of being transgender, such as:
  • Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
  • Sabotaging an individual’s work; or
  • Bullying, yelling, name-calling.

Who can be a target of sexual harassment

Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects all employees. Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer, visitor, parent, or volunteer. 

Where can sexual harassment occur?

Unlawful sexual harassment is not limited to the physical workplace itself. Sexual harassment can occur while employees are traveling for business or at employer sponsored events or functions. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if that conduct occurs away from the workplace premises, on personal devices or during non-work hours.

Retaliation

Unlawful retaliation can be any action that could discourage a worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).

Such retaliation is unlawful under federal and state law. The New York State Human Rights Law protects any individual who has: 

• made a complaint of sexual harassment, either internally or with any anti-discrimination agency;
• testified or assisted in a proceeding involving sexual harassment under the Human Rights Law or other anti-discrimination law; 
• opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment; 
• reported that another employee has been sexually harassed; or 
• encouraged a fellow employee to report harassment.

Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment. 

Reporting Sexual Harassment 

Preventing sexual harassment is everyone’s responsibility. The District cannot prevent or remedy sexual harassment without knowledge of the conduct. Any employee who has been subjected to behavior that may constitute sexual harassment shall report such behavior to a supervisor, manager or the Assistant Superintendent for Human Resources. Anyone who witnesses or becomes aware of potential instances of sexual harassment shall report such behavior to a supervisor, manager or the Assistant Superintendent for Human Resources. 

Reports of sexual harassment may be made verbally or in writing. A form for submission of a written complaint is attached to this Policy (hereinafter referred to as “Complaint Form”), and all employees are encouraged to use this complaint form. Employees who are reporting sexual harassment on behalf of other employees should use the complaint form. 

Employees who believe they have been a target of sexual harassment may also seek assistance in other available forums, as explained below in the section on Legal Protections. 

Supervisory Responsibilities 

All supervisors, directors, administrators, and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to the Assistant Superintendent for Human Resources. 

In addition to potentially being subject to discipline if they engaged in sexually harassing conduct themselves, supervisors, directors, administrators, and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue. 

Supervisors, directors, administrators, and managers will be subject to discipline for engaging in any form of retaliation in accordance with the law and any applicable collective bargaining agreement. 

Complaint and Investigation of Sexual Harassment 

All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. 

An investigation of any complaint, information or knowledge of suspected sexual harassment will be prompt and thorough, commenced in a timely manner and completed as soon as possible. The investigation will be kept confidential to the extent possible. All persons involved, including complainants, witnesses and alleged harassers, will be accorded “due process” in accordance with applicable law and collective bargaining agreement to protect their rights to a fair and impartial investigation. 

While the process may vary from case to case, investigations should be done in accordance with the following steps: 

• Upon receipt of complaint, the Assistant Superintendent for Human Resources will conduct an immediate review of the allegations, and take any interim actions (e.g., instructing the respondent to refrain from communications with the complainant), as appropriate. If the complaint is verbal, the individual will be encouraged to complete the Complaint Form in writing. If he or she refuses, the Assistant Superintendent for Human Resources will prepare a Complaint Form based on the verbal reporting.
• If documents, emails or phone records are relevant to the investigation, take steps to obtain and preserve the materials.
• Request and review all relevant documents, including all electronic communications.
• Interview all parties involved, including any relevant witnesses.
• Search District-owned items such as desks, lockers, rooms, cabinets, and computers.
• Create a written documentation of the investigation (such as a letter, memo or email), which contains the following:
  • A list of all documents reviewed, along with a detailed summary of relevant documents;
  • A list of names of those interviewed, along with a detailed summary of their statements;
  • A timeline of events;
  • A summary of prior relevant incidents, reported or unreported; and
  • The basis for the decision and final resolution of the complaint, together with any corrective action(s).

• Keep the written documentation and associated documents in a secure and confidential location.
• Promptly notify the individual who reported and the individual(s) about whom the complaint was made of the final determination. Implement any corrective actions as deemed necessary in accordance with law and applicable collective bargaining agreement.
• Inform the individual who reported the behavior of the right to file a complaint or charge externally as outlined in the next section. 

Legal Protections and External Remedies 

Sexual harassment is not only prohibited by the District but is also prohibited by state and federal law.

Aside from the internal investigation process at the District, employees may also choose to pursue legal remedies with the governmental entities outlined below. While a private attorney is not required to file a complaint with a governmental agency, employees may seek the legal advice of an attorney.

In addition to those outlined below, employees in certain industries may have additional legal protections. 

State Human Rights Law (HRL) 

The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns and non-employees, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court. 

Complaints with DHR may be filed any time within three years of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court. 

Filing a complaint with the District does not extend your time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment. 

You are not required to retain an attorney to file a complaint with DHR, and there is no cost to file with DHR. 

DHR will investigate the complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring the employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees and civil fines. 

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: NYS Division of Human Rights. Rochester contact information: 259 Monroe Avenue, #308, Rochester, NY 14607. (585) 238-8250. Contact DHR at (888) 392-3644 or visit File A Complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State. 

Equal Employment Opportunity Commission

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court. 

The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC. 

An employee alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at Equal Employment Opportunity Commission  or via email at info@eeoc.gov. 

If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court. 

Local Protections 

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit NYC Human RIghts The NYS Division of Human Rights Rochester Office can be reached at: 259 Monroe Avenue, #308, Rochester, NY 14607 or by phone at (585) 238-8250. 

Contact the Local Police Department 

If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime and you may contact the local police department. 

Policy References:

NYS Labor Law § 201-g 42 United States Code (U.S.C.) § 2000e et seq. NYS Executive Law §§ 296 and 297

Last Reviewed Date: 01/17/2023

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 1/20/04; 11/16/10; 12/04/12;04/09/13; 11/15/16; 11/5/19; 1/17/23

The Brockport Central School District is committed to supporting the development of effective administrators, faculty and staff. To this end, the District shall provide procedures for the evaluation of all staff. District plans for Annual Professional Performance Review (APPR) of teachers and principals shall be developed in accordance with applicable laws, Commissioner's Regulations, and Rules of the Board of Regents.

The primary purposes of these evaluations are:

1. To encourage and promote improved performance;
2. To guide professional development efforts; and
3. To provide a basis for evaluative judgments by applicable school officials.

• See Regulation 6130R

Policy References:

Education Law Section 3012-cd Public Officers Law Sections 87 and 89 8 NYCRR Sections 30-2 and 100.2(o)

Last Reviewed Date: 01/17/2023

Adoption Date: 01/09/1964

Revision History: 3/20/1990; 7/19/94; 6/20/00; 12/1/09;05/07/2013; 11/15/16; 11/5/19; 1/17/23

Pre-employment Medical Examinations

The Brockport Central School District shall not require applicants for positions to undergo a medical examination prior to an offer of employment. Further, the District shall not make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of a disability. However, the District may make pre-employment inquiries into the ability of an applicant to
perform job-related functions.

Health Examinations During Employment

The Board of Education reserves the right to request a medical examination at any time during employment, at District expense, in order to determine whether any employee can perform the essential functions of the position with or without reasonable accommodation or for another valid employment reason.

Annual or more frequent examinations of any employee may be required, when, in the judgment of the Superintendent of Schools, an examination is necessary.

All bus drivers and substitute bus drivers shall have yearly physical examinations. Each bus
driver initially employed by the District shall have a physical examination with in the
8 weeks prior to the beginning of service. In no case shall the interval between physical
examinations exceed a thirteen-month period.

All medical and health related information will be kept in accordance with the Americans with
Disabilities Act and Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Policy References:

Americans with Disabilities ACT (ADA), 42 USC § 12101 et seq. Section 504 of the Rehabilitation Act of 1973, 29 USC § 790 et seq. Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191 45 CFR Parts 160 and 164 28 CFR §§ 41.55 and 42.513 29 CFR §§ 1630.13 and 1630.14 34 CFR § 104.14 Civil Service Law § 72 Education Law §§ 913 and 3624 Vehicle and Traffic Law §§ 509-b, 509-d, and 509-g 8 NYCRR §§ 136.3 and 156.3(2) 15 NYCRR Part 6

Last Reviewed Date: 01/17/2023

Adoption Date: 07/19/1994

Revision History: 6/20/2000;05/07/2013; 11/15/16; 11/19/19; 5/3/22; 1/17/23

Related Policies: 3410 - 6152 - 7320

Prohibited Conduct

Recognizing that students are often influenced by teachers and other members of a school's staff, the Board of Education stresses the importance of maintaining a high level of professionalism appropriate to employee positions, which, in turn, shall set a positive example for students.

The Board, therefore, prohibits the consumption, sharing, selling, use or possession of illegal and prohibited drugs, counterfeit and designer drugs or alcoholic beverages in the workplace, or when the effects of such drugs may impair an employee's job performance. Additionally, no person shall use, possess or sell marijuana on school property unless otherwise authorized by law.  Additionally, the Board prohibits the misuse or unprescribed use of prescription and over-the-counter drugs in the workplace or when the effects of these actions may impair job performance.

Disciplinary Measures

Employees will be informed of the range of penalties or consequences, up to and including termination of employment and referral for prosecution, that may be imposed, for engaging in prohibited conduct in accordance with relevant law and any applicable law, District policy, collective bargaining agreement, for violations of this policy or other similar document.

Alcohol and Controlled Substance Testing of Employees

No employee, except bus drivers subject to the Omnibus Transportation Employee Testing Act of 1991 shall be subjected to urinalysis or other form of alcohol or controlled substance testing without reasonable individualized suspicion that the employee has consumed alcohol or a controlled substance. The Assistant Superintendent for Human Resources shall be consulted before any implementation of such testing. Failure to submit to required alcohol or controlled substance testing based upon reasonable individualized suspicion that the employee has violated this policy is grounds for disciplinary action up to and including termination of employment.

Information on Substance Use Related Services

The Superintendent of Schools will designate one or more individuals to provide information regarding where and how to find available substance use related services to students, parents, and staff. 

Any information provided by a student, parent, or employee to the designated individual(s) will not be used in any school disciplinary proceeding and will, in addition to any other applicable privilege, be considered confidential in accordance with law.

• See Regulation 6150R

Policy References:

20 USC §§ 6083(a), 7118, and 7973(a) 41 USC § 8101 et seq. Civil Service Law § 75 Education Law §§ 409, 2801, 3020-a, and 3038 Public Health Law § 1399-o

Last Reviewed Date: 01/17/2023

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 11/15/16; 11/19/19; 1/17/23

Related Policies: 3410 - 6150 - 6152 - 7320

All workplaces in the Brockport Central School District shall be free of controlled substances. "Controlled substance" means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 USC 812) and as further defined in regulation at 21 Code of Federal Regulations (CFR) 1308.11-1308.15. 

"Workplace" is defined as a school building or other school premises; any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; off school property during any school sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the District.

The Board of Education directs the Superintendent of Schools and their designee to maintain a drug-free workplace.

Policy References:

Drug-Free Workplace Act 20 United States Code (USC) Section 7101 et seq. 21 United States Code (USC) Section 812 21 Code of Federal Regulations (CFR) 1308.11-1308.15 34 Code of Federal Regulations (CFR) Part 85 District policies 3410, 6150, 6560, 7320

Last Reviewed Date: 03/05/2024

Adoption Date: 11/21/1989

Revision History: 11/21/1989; 7/19/94; 6/20/00; 11/15/16;11/19/19; 1/17/23; 03/05/24

Related Policies: 3410 - 6150 - 6151

The Board of Education recognizes the importance of helping employees deal with personal difficulties that may affect the employee's ability to perform their job. Toward that end the Brockport Central School District will provide the services of an Employee Assistance Program. (E.A.P.). This program will provide free, confidential, professional assistance to help employees and their immediate families resolve problems that affect their personal lives or job performance.

Adoption Date: 02/06/2024

The Brockport Central School District is committed to the safety and security of its employees. Workplace violence presents a serious occupational safety hazard. The goal of this policy is to promote the safety and well-being of all people in the workplace.

Workplace violence is any physical assault or acts of aggressive behavior occurring where an employee performs any work-related duty in the course of their employment including, but not limited to:

• An attempt or threat, whether verbal or physical, to inflict physical injury on an employee;
• Any intentional display of force which would give an employee reason to fear or expect bodily harm;
• Intentional and wrongful physical contact with an employee without their consent that causes injury; or
• Stalking an employee intending to cause fear of material harm to the physical safety and health of the employee, when the stalking has arisen through and in the course of employment.

All employees are responsible for helping to create an environment of mutual respect, following all policies, procedures and practices, and for assisting in maintaining a safe and secure work environment. Acts of workplace violence against any employee will be thoroughly investigated and appropriate action will be taken, including involving law enforcement authorities when warranted.

Workplace Violence Prevention Coordinator

The Workplace Violence Prevention Coordinator is the Assistant Superintendent for Human Resources. Each year, the District will designate a Workplace Violence Prevention Coordinator during the Reorganization Meeting.

Reporting Workplace Violence

Every employee must provide written notice to a supervisor or the Workplace Violence Prevention Coordinator of any violent incidents or threatening behavior, including threats against others they have witnessed or have reason to believe have occurred. Reports of workplace violence must be made in writing. All reports received by supervisors must be immediately forwarded to the Workplace Violence Prevention Coordinator.

Training

At the time of hire and then annually, every employee will participate in the District's workplace violence prevention training program.

Policy References:

Labor Law Section 27-b 12 NYCRR Section 800.6

Last Reviewed Date: 01/17/2023

Adoption Date: 10/20/1987

Revision History: 2/27/1989; 7/19/94; 10/17/95; 6/20/00; 02/05/2013; 11/15/2016;12/17/2019; 1/17/23

Related Policies:

The Brockport Central School District shall provide in-service, pre-service, and other staff development programs which are believed to be of benefit to the District and its students. The Superintendent of Schools or their designee, in consultation with the appropriate administrative staff or teacher committees, is directed to arrange in-service programs and other staff development opportunities which will provide for the selection of subjects pertinent to the curriculum in the schools, to build from these subjects those topics or courses for in-service or staff development which will help employees acquire new methods of performing their job responsibilities or help staff improve on those techniques which are already being used in the schools, with the objective of improving professional competencies.

The Superintendent shall develop meaningful in-service and staff development programs which will achieve the following:

1. Improve the instructional program of the schools;
2. Improve education for students;
3. Achieve state mandates; and
4. Enhance the professional competencies and/or instructional abilities of staff members.

The Board of Education encourages all employees to improve their competencies beyond that which they may obtain through the regular performance of their assigned duties. Opportunities should be provided for:

1. Planned in-service programs, courses, seminars, and workshops offered both within and outside the District;
2. Visits to other classrooms and schools, as well as attendance at professional meetings, for the purpose of improving instruction and educational services; and
3. Orientation/re-orientation of staff members to program and organizational changes as well as District expectations.

Employees are encouraged to participate in the planning of staff development programs designed to meet their specific needs.

Employees are also encouraged to continue their formal education as well as to attend their respective work-related workshops, conferences and meetings.

Funds for participating at such conferences, conventions, and other similar professional development programs will be budgeted for by the Board on an annual basis. Reimbursement to employees for all actual and necessary registration fees, expenses of travel, meals and lodging, and all necessary tuition fees incurred in connection with attendance at conferences and the like will be in accordance with established regulations for conference attendance and expense reimbursement.

The Superintendent or their designee has authority to approve release time and expenses for employee attendance at professional training conferences, study councils, in-service courses, workshops, summer study grants, school visitations, professional organizations and the like within budgetary constraints.

A conference request form/course approval form must be submitted by the employee and approved by the designated administrator prior to the employee's attendance at such conference or other professional development program.

Mentoring Programs for First-Year Teachers

First-year teachers who meet the criteria set forth by NYSED must participate in a mentoring program. The purpose of the mentoring program is to increase the retention of new teachers and improve their ability to assist students in attaining State learning standards. The mentor’s role is to provide guidance and support to a new teacher. However, additional mentor responsibilities may be negotiated and reflected in a collective bargaining agreement.

Policy References:

Education Law Section 1604(27) General Municipal Law Section 77-b and 77-c 8 New York Code of Rules and Regulations (NYCRR) Section 102.2(dd)

Last Reviewed Date: 01/17/2023

Adoption Date: 01/16/2007

Revision History: 4/3/2007; 12/20/16;12/17/2019; 1/17/23

The Board of Education and employees of the Brockport Central School District may make presentations, serve on committees, consult with other districts or agencies, etc. All personnel must receive prior written authorization from their immediate supervisor before undertaking such efforts that coincide with regular work hours. In certain situations, employees performing such tasks may be presented with honoraria, stipends, gifts and other forms of compensation. If such services are performed during the employee’s regular working hours, the employee shall not accept payment in any form while also collecting a salary from the District unless the employee is utilizing previously approved personal or vacation time.

This policy does not apply to stipends paid to employees for leadership or special/extra duties (teacher leader positions, coaching positions, student group advisors, etc.), nor does it apply to those staff members who supervise apprentices, interns or student teachers.

Last Reviewed Date: 01/17/2023

Adoption Date: 01/20/2004

Revision History: 12/20/2016; 3/17/2020; 1/17/23

Unless otherwise authorized in accordance with law and regulation, the Brockport Central School District shall not employ or utilize a prospective employee, as defined below, unless such prospective employee has been granted a ‘full’ clearance for employment by the State Education department (SED). The District will require a prospective school employee who is not in the SED criminal history file database to be fingerprinted for the purpose of a criminal history record check by authorized personnel of the designated fingerprinting entity. For purposes of this provision of law, the term, “criminal history record” shall mean a record of all convictions of crimes and any pending criminal charges maintained on an individual by the Division of Criminal Justice Services (DCJS) and the Federal Bureau of Investigation (FBI).

Furthermore the District will notify SED, in a manner prescribed by the Department, of a prospective employee who has commenced employment with or began providing services for the District, the date of the commencement of such employment or service, and the position held by such individual.

Similarly, the District shall notify SED, in a manner prescribed by the Department, of a fingerprinted employee who has been separated from employment with the District or ceased providing services for the District, and the date of such separation from employment or cessation of services. All criminal history records processed by DCJS and the FBI and sent to the Commissioner of Education are confidential. The records may not be published or in any way disclosed to persons other than the Commissioner unless otherwise authorized by law.

Unless otherwise exempted by the District, the applicant shall be responsible for the payment of fees to SED for a criminal history record check. 

Individuals Who Are Specifically Excluded

Individuals excluded from a criminal history record check/fingerprinting pursuant to this provision of law and regulation are those individuals who:

1. Are seeking a position as a school bus driver or school bus attendant and are cleared for employment pursuant to the Vehicle and Traffic Law;
2. Have provided services to the District in the previous school year either in a compensated position, or as an employee of a provider of contracted services to the District, or a s a worker placed within the District under a public assistance employment program pursuant to title 9-B of Article 5 of the Social Services Law directly or through contract; or
3. Will reasonably be expected by the District to provide services for the District on no more than five days in the school year in which services are performed, provided that the District provides in-person supervision of such individual by one or more employees while that individual is providing such services. Individuals providing such time-limited and supervised services may include but shall not be limited to artists, guest lecturers and speakers, and sports officials.

Any prospective employee who previously has been fingerprinted to obtain certification, and whose fingerprints remain on file with the division of Criminal Justice Services (DCJS), will not be required to be fingerprinted again for purposes of a criminal history record check.

Last Reviewed Date: 01/17/2023

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 12/20/16;1/21/2020; 1/17/23

The Brockport Central School District will attempt to employ the best-qualified candidates for all positions.

Candidates shall be recruited and selected by, or at the direction of, the Superintendent of Schools, who shall recommend appointment to the Board of Education.

The District shall provide equal opportunity in employment for all qualified persons in accordance with Federal and State legislation.

Policy References:

Age Discrimination in Employment Act, 29 United States Code (USC) Section 621 Americans With Disabilities Act, 42 United States Code (USC) Section 12101 et seq. Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq. Title VI of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000-d et seq. Title VII of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000-e et seq. Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section 1681 et seq. Civil Rights Law Section 40-c Education Law Section 3012 Executive Law Section 290 et seq. Military Law Sections 242 and 243

Last Reviewed Date: 01/17/2023

Adoption Date: 07/01/2004

Revision History: 6/20/2000; 3/20/2007; 2/10/2009; 3/2/2010;12/20/16, 1/21/2020; 1/17/23

The following provisions shall govern certification and qualifications of Brockport Central School District personnel:

1. In accordance with applicable statutes, Rules of the Board of Regents, and Regulations of the Commissioner of Education, each employee whose employment requires certification or other licensure shall inform the Superintendent of Schools or their designee, immediately of any change in the status of their certification or licensure. The changes shall include, but not be limited to, the granting, revocation, upgrading, expiration, conversion and extension of these documents as to their periods of validity or their titles;
2. Proof of certification or licensure will be obtained through the NYS TEACH or NYS Office of Professions website by the Assistant Superintendent for Human Resources. Failure on the part of said employee to maintain the required certification or other licensure may result in the discharge from employment; and
3. Whether the District verifies an individual's certification or licensure does not waive the responsibility of the employee to maintain all required certifications and licensures for their position. 

Policy References:

20 United States Code (USC) Section 7801(23) 34 Code of Federal Regulations (CFR) Sections 200.55 and 200.56 Education Law Sections 210, 305, 3001, 3001-a, 3004, 3006 and 3008 8 New York Code of Rules and Regulations (NYCRR) Subparts 52.21, 57-3, 80-1, 80-2, 80-3, 80.4, 80.5, 100.2(dd) and 100.2(o)

Last Reviewed Date: 5/2/2023

Adoption Date: 08/26/1965

Revision History: 3/7/1989; 7/19/94; 8/08/95; 6/20/00; 12/20/16, 1/21/2020, 5/2/2023

Probation

Certified staff members shall be appointed to a probationary period by a majority vote of the Board of Education upon recommendation of the Superintendent of Schools.

Full-time certified staff members shall be appointed to a probationary period of three or four years. However, the probationary period shall not exceed three years for a teacher previously appointed to tenure in the Brockport Central School District or another school district or BOCES within the state, provided the certified staff member was not dismissed from the former district. Years of service as a regular substitute teacher may be applied towards probationary service as applicable under Education Law.

Tenure

Certified staff members successfully completing a probationary period and meeting other legal requirements may be recommended by the Superintendent to the Board for tenure appointment.

Policy References:

Education Law Sections 3012 and 3031

Last Reviewed Date: 5/2/2023

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 7/10/2007; 12/20/16 ; 12/15/20; 5/2/2023

Statement of Policy

The Superintendent of Schools or their designee will notify the Board of Education as soon as practicable when considering hiring a relative of a Board member or a Brockport Central School District employee. A relative is any person related by bloodline or legal process (including marriage or civil union). It shall include the following relationships: child, grandchild, sibling, parent, grandparent, aunt, uncle, niece and nephew, as well as any of the foregoing relationships that are based on marriage or civil union (“in-law” status) or the familial relationship of step-child, step-parent, etc.

Policy References:

Education Law Section 3016 General Municipal Law Sections 800-809

Last Reviewed Date: 5/2/2023

Adoption Date: 05/02/1989

Revision History: 11/19/1991; 7/19/94; 8/08/95; 2/2/99; 6/20/00; 10/3/06; 12/20/16; 2/25/2020; 5/2/2023

The needs of the Brockport Central School District may require temporary appointments. The terms of these appointments shall be defined by the Board of Education on a case-by-case basis.

Student Teachers

The District shall cooperate with teacher training institutions in the placement of student teachers.

Student teachers shall be protected from liability for negligence or other acts resulting in accidental injury to any person by the District, as provided by law.

Substitute Teachers

The District will maintain a list of qualified substitute teachers who may be called to substitute for classroom teachers who are absent. When reasonably possible, the District will seek certified staff to fill such vacancies. Substitute teachers shall be identified and placed on a substitute list for areas in which they are certified or qualified.

The Board shall establish the rate of pay for per diem substitute teachers each year.

Policy References:

8 New York Code of Rules and Regulations (NYCRR) Section 80-5.4 Education Law Section 3023

Last Reviewed Date: 5/2/2023

Adoption Date: 07/19/1994

Revision History: 8/8/1995; 6/20/00; 1/17/17; 3/17/2020; 5/2/2023

All Brockport Central School District personnel must follow the Code of Conduct, and maintain student discipline and appropriate conduct during school hours and at all school sponsored events outside of regular school hours.

Last Reviewed Date: 5/2/2023

Adoption Date: 02/27/1996

Revision History: 6/20/2000; 12/7/04; 12/5/06; 02/01/11; 1/17/17; 12/15/20; 5/2/2023

The Brockport Central School District provides a variety of communications equipment to conduct its business. The District recognizes that  employees may have a need to use telephones or other telecommunications equipment and devices for personal reasons during work hours. Such use of District equipment and devices is permitted on a limited basis so long as it is in compliance with District policies and the District’s Code of Conduct and, in the judgment of the District, it does not unreasonably interfere with the employee's job duties or cause undue expense to the District.

The District, in its sole discretion, may assign cell phones to employees whose jobs require the use of a cell phone. The type of phone to be issued to an employee will be determined by the Superintendent of Schools or their designee based on the employee's position in the District, and whether the responsibilities of that position require the use of such equipment. Employees who are assigned phones  will be billed a monthly fee as determined by the Superintendent or their designee for incidental personal use.

Some employees may choose to use their personal phone for District business. In those instances, the District shall pay employees determined by the District to be eligible for a District-issued phone a reasonable stipend for the use of the employee’s phone. The amount of the stipend will depend on the employee’s position and the type of phone plan for which the employee is eligible. 

District-issued phones are the property of the District and may be searched, accessed, and monitored at any time, with or without notice, in accordance with legal requirements. Employees shall have no expectation of privacy in such District property.

The District may review phone bills and employees may be billed for excessive use. 

Last Reviewed Date: 5/2/2023

Adoption Date: 02/02/2010

Revision History: 1/17/17; 3/20/18; 3/17/2020; 5/2/2023

The Board of Education requires that all Brockport Central School District employees maintain a professional, ethical relationship with District students that is conducive to an effective, safe learning environment, and that employees act as role models for students at all times, on or off school property. Employees and students must maintain appropriate personal boundaries with one another and not engage in any behavior that could reasonably lead to even the appearance of impropriety.

Therefore, District employees shall not engage in any conduct involving inappropriate fraternization or undue familiarity with students, regardless of the student’s age. Inappropriate fraternization or undue familiarity with students includes, but is not limited to: flirting; making suggestive comments; grooming; dating; requesting sexual or romantic activity; displaying inappropriate physical affection; giving inappropriate personal gifts; frequently engaging in personal communication with a student unrelated to course work or official school matters (irrespective of medium); hosting overnight student events (excluding preapproved District-sanctioned activities); providing alcohol, illegal, prohibited, prescription or over the counter drugs, or tobacco to students; inappropriately touching; and engaging in any form of sexual contact.

Furthermore, District employees shall not interact with students in such a manner or under such circumstances as to create even the appearance of inappropriate fraternization or undue familiarity.

A District employee or student who is involved in, or is aware of, any activity prohibited by this policy (or has a good faith belief that such activity has occurred, or is occurring) shall immediately report such activity to any staff member or either the employee’s supervisor, the student’s Principal or the Assistant Superintendent for Human Resources. If a student initiates or attempts to initiate contact with a District employee that is prohibited by this policy, that employee shall immediately document the incident and report it to their Principal or Supervisor. A District employee’s reporting obligation under this policy is in addition to, and does not supersede, any child abuse reporting requirements mandated by law.

In all events, such reports shall be forwarded to the Assistant Superintendent for Human Resources for further investigation. Anonymous complaints of inappropriate fraternization or undue familiarity with students shall also be investigated by the District. Investigations of inappropriate staff-student relations shall follow the procedures utilized for complaints of harassment within the District. Allegations of violations of this policy shall be promptly investigated and will be treated as confidential, to the extent possible under the circumstances

Prohibition of Retaliation

The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and any other individuals who participate in the investigation of allegations of inappropriate fraternization or undue familiarity with students. Any act of retaliation is subject to appropriate disciplinary action by the District.

Disciplinary Sanctions

Violation of this policy by a District employee shall result in disciplinary or other corrective measures up to and including termination of employment, in accordance with legal requirements, District policy and regulation, and any applicable collective bargaining agreement. A violation of this policy may also subject the employee to criminal and civil sanctions as well as disciplinary action by the State Education Department.

Policy References:

Title IX of the Education Amendments of 1972, 20 United State Code (USC) Section 1681 et seq. Education Law Article 23-B Social Services Law Sections 411-428 8 New York Code of Rules and Regulations (NYCRR) Part 83

Last Reviewed Date: 5/2/2023

Adoption Date: 07/19/1994

Revision History: 1/16/1996; 6/20/00; 1/17/17;3/17/2020; 5/2/2023

Related Policies: 5560

The Board of Education recognizes the right of its employees, as citizens, to engage in political activities and to exercise their constitutionally protected rights to address matters of public concern.

However, a Brockport Central School District employee's constitutional rights to raise matters of public concern are limited when the speech or action occurs on school grounds and/or during school times. When such speech or action occurs on school grounds or during school time, Superintendent of Schools may impose reasonable restrictions on the time, place and manner of the speech or action, and can further regulate the content of such speech when it is speech pursuant to an employee’s official duties.

The District may also discipline employees for off-campus speech where the speech is likely to be disruptive, the potential for disruption outweighs the First Amendment value of employee’s speech, and any resulting discipline is not in retaliation for the speech, but because of the potential for disruption.

Employees may not use offices, classrooms or school surroundings to promote their personal political views and beliefs. However, teachers are encouraged to address issues of current events for their instructional and informational value to students.

Solicitations by Staff Personnel

Staff members shall not engage in advertising or commercial solicitations on school time, except as authorized by the Superintendent or their designee.

Last Reviewed Date: 5/2/2023

Adoption Date: 06/20/2000

Revision History: 3/7/17; 5/2/2023

Soliciting of funds from school personnel by persons or organizations representing public or private organizations is prohibited. The Superintendent of Schools may make exceptions to this policy in cases where such solicitation is considered to be in the best interest of the Brockport Central School District. The Board of Education shall be notified of these instances.

Distribution of information about worthwhile area charities may be made by the Superintendent as a service to District personnel.

Last Reviewed Date: 5/2/2023

Adoption Date: 12/01/2009

Revision History: 1/17/17; 3/17/2020; 5/2/2023

The Brockport Central School District requires staff to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. The District's employees and representatives must practice honesty and integrity in fulfilling their responsibilities and comply with all applicable laws and regulations. The support and cooperation of all people connected to the District is necessary in meeting this obligation.

Under this Whistleblower Policy, District officials, employees, and volunteers must  immediately report violations or suspected violations of any law, rule, regulation, or clear mandate of public policy

Any District official, employee, or volunteer who acts in good faith and reports a violation of a law, rule or regulation or alleged unlawful activity, policy or practice, will not suffer harassment, retaliation or adverse consequences. An employee who retaliates against someone who has reported a violation in good faith will be subject to discipline up to and including termination of employment.

Reporting Violations

The District encourages its employees to share their questions, concerns, suggestions or complaints with someone who can address them properly. In most cases, an employee's supervisor is in the best position to address an area of concern. However, if an employee is not comfortable speaking with a supervisor or is not satisfied with the supervisor's response, the employee may then speak with anyone in administration with whom the employee feels comfortable.

Supervisors and managers are required to report suspected violation of a law, a rule, a regulation, or a clear mandate or public policy (a "Violation") to the Superintendent of Schools or Assistant Superintendent for Human Resources. For suspected fraud, or other serious violations, or if an employee is not satisfied or is uncomfortable with raising this issue with a supervisor, administrator or the Superintendent, the employee should contact the Assistant Superintendent for Human Resources directly.

Compliance Officer

The Compliance Officer, who is the Assistant Superintendent for Human Resources, is responsible for investigating and resolving, within a reasonable amount of time, all reported complaints and allegations concerning violations and, at their  discretion, shall advise the Superintendent of such complaints. 

Acting in Good Faith

Anyone filing a complaint concerning a violation or suspected violation must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation.. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious offense that could result in disciplinary action, up to and including termination.

Confidentiality

Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Such reports of violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate and timely investigation.

Handling of Reported Violations

The Compliance Officer will notify the sender and acknowledge receipt of the reported violation or suspected violation within a reasonable amount of time, but no later than 10 workdays after such report. All reports will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation.

Policy References:

Education Law Section 3028-d Labor Law Section 740

Last Reviewed Date: 5/2/2023

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 1/17/17; 1/19/21; 5/2/2023

The theft of services or property from the Brockport Central School District by an employee will subject that employee to disciplinary action that can lead to dismissal or other penalty and shall not preclude the filing of criminal or civil charges by the District.

Last Reviewed Date: 1/19/2021

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 1/17/17; 1/19/21

As provided by law, any employee who is summoned to serve as a juror and who notifies the District to that effect prior to his/her term of service will not, on account of absence by reason of jury service, be subject to discharge or penalty. The District will ensure that all such absences are granted in accordance with law and the terms of any applicable collective bargaining agreement.

Policy References:

Judiciary Law Section 521(b)

Last Reviewed Date: 5/2/2023

Adoption Date: 06/20/2000

Revision History: 12/7/2004; 1/17/17; 1/19/21; 5/2/2023

Related Policies: 3180

The Board of Education provides staff with access to various computerized information resources through the Brockport Central School District's computer system (DCS) consisting of software, hardware, computer networks and electronic communication systems. It may also include the opportunity for some staff to have independent access to the DCS from their home or other remote locations. All use of the DCS, including independent use off school premises, shall be subject to this policy and accompanying regulations.

The Board encourages staff to make use of the DCS to explore educational topics, conduct research and contact others in the educational world. The Board anticipates that staff access to various computerized information resources will both expedite and enhance the performance of tasks associated with their positions and assignments. Toward that end, the Board directs the Superintendent of Schools or their designee to provide staff with training in the proper and effective use of the DCS.

Staff use of the DCS is conditioned upon the staff member conforming to the requirements of this policy and any regulations adopted to insure acceptable use of the DCS.

The same standards of acceptable staff conduct which apply to any aspect of job performance shall apply to use of the DCS. Employees are expected to communicate in a professional manner consistent with applicable District policies and regulations governing the behavior of staff. Electronic mail and telecommunications are not to be utilized to share confidential information about students or other employees unless in accordance with applicable law and with appropriate security precautions taken.

This policy does not attempt to articulate all required or acceptable uses of the DCS; nor is it intended  to define all inappropriate usage. Administrative regulations will further define general guidelines of appropriate staff conduct and use as well as proscribed behavior.

Staff shall also adhere to the laws, policies and rules governing computers including, but not limited to, copyright laws, rights of software publishers, license agreements, and rights of privacy created by federal and state law.

Staff members who wish to develop a web page to support classroom or extracurricular activities must have such web pages approved by their immediate supervisor. Such web pages must follow Board Policy #3180 District WebsSite.

Staff members who engage in unacceptable use may lose access to the DCS and may be subject to discipline under the law and in accordance with applicable collective bargaining agreements. Legal action may be initiated against a staff member who willfully, maliciously or unlawfully damages or destroys property of the District.

Privacy Rights

Confidential data, including but not limited to, protected student records, employee personal identifying information, and District assessment data, shall only be loaded, stored or transferred to District-owned devices which have encryption and/or password protection. This restriction, designed to ensure data security, encompasses all computers and devices within the DCS, any mobile devices, including flash or key drives, and any devices that access the DCS from remote locations. Staff will not use email to transmit confidential files in order to work at home or another location. Staff will only use District approved storage services and not use cloud-based storage services for confidential files.

Staff will not leave any devices unattended with confidential information visible.

District Equipment

All District equipment and systems, and staff data files and electronic storage areas shall remain District property, subject to District control and inspection at any time and with or without notice Upon approval by the Superintendent of Schools, the Chief Information Officer or designee may access all such files and communications without prior notice such as to verify system integrity and that users are complying with requirements of this policy and accompanying regulations.

Staff should not expect that their use of the DCS, or information stored on it, will be private. At the end of employment or upon the District’s request, staff members will return any computer, equipment, mobile device, and accessories they have been assigned.

Last Reviewed Date: 5/2/2023

Adoption Date: 05/03/2011

Revision History: 1/17/17; 1/19/21; 5/2/2023

Related Policies: 3320 - 3420 - 5670 - 6410 - 8271

Electronic mail shall be used in a responsible, effective and lawful manner. Every authorized user of the Brockport Central School District’s email system has a responsibility to maintain the District’s image and reputation, to be knowledgeable about the inherent risks associated with email usage and to avoid placing the District at risk. Although email seems to be less formal than other written communication, the same laws and business records requirements apply. Authorized users shall use the District’s email system for all business email, including emails in which students or student issues are involved.

District employees and authorized users may not:

1. Provide lists or information about District employees or students to others or classified information without approval. Questions regarding usage should be directed to the District’s Data Protection Officer.
2. Forward emails with confidential, sensitive, or secure information without Principal or supervisor authorization. Additional precautions should be taken when sending documents of a confidential nature.
3. Use file names that may disclose confidential information. Confidential files must be password protected and encrypted, as per Education Law Section  2d. File protection passwords shall not be communicated via email correspondence in any event.
4. Send or forward emails with comments or statements about the District that may negatively impact it.
5. Use email to transmit any individual's personal, private and sensitive information (PPSI). PPSI includes social security number, driver's license number or non-driver ID number, account number, credit/debit card number and security code, or any access code/password that permits access to financial accounts or protected student records;
6. Send or forward email that contains confidential information subject to Health Insurance Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), and other applicable laws.

Personal Use

Authorized users may use the District's email system for limited personal use. However, authorized users shall have no expectation of privacy in this email use.

The District's email system also will not be used for personal gain or profit.

Email Accounts

All email accounts on the District’s system are the property of the District. Use of personal email accounts should be limited during the workday and should not interfere with work responsibilities. Personal accounts shall not be used to conduct official business.

Receiving Unacceptable Mail

Authorized users who receive offensive, unpleasant, harassing or intimidating messages via email shall inform their Principal/supervisor immediately.

Sanctions

The Director of Technology shall report inappropriate use of email by an authorized user to the Superintendent of Schools or their designee who will take appropriate disciplinary action. Violations may result in a loss of email use, access to the technology network or other disciplinary action. When applicable, law enforcement agencies may be involved.

Notification

All authorized users will be required to acknowledge the District’s policies on staff and student use of computerized information resources and the regulations establish in connection with those policies.

Last Reviewed Date: 10/3/2023

Adoption Date: 01/19/2021

Revision History: 10/3/23

Related Policies: 3410 - 6425 - 6470 - 7242 - 7380 - 7500 - 7531 - 8350

Employee communications that relate in any way to the District must comply with the District’s policies and/or regulations. Employees who wish to establish a professional social media account that affiliates with Brockport Central School District must receive approval and provide the Communications Department with login credentials and administrator rights to the account. Employees who utilize social media in the performance of their job duties must keep these activities separate from any personal or non-District-related use. When employees communicate via social media as part of their job duties, that communication is not considered protected free speech.

This policy is not intended to limit District employees’ right to free speech, collective association, or ability to engage in union activities.

•  See Regulation 6480R

The District understands the value of social media and the benefits offered by digital communication devices for providing quick and easy interaction among peers, students and families. These regulations are intended to support staff by ensuring that all staff members clearly understand the many factors and possible ramifications to consider when using communication tools in a District-approved manner. These regulations are in addition to, and complement, existing and future Board policies.

District-Sanctioned vs. Personal Media

These regulations should serve as a reference tool for staff to inform decisions regarding their selection and use of social media resources and digital communication devices. Communication resources and devices, while of unquestionable value, are not without risk both personally and professionally. 

The District does not take a position on an employee’s decision to participate in blogs, wikis, social media pages, etc. for personal use on personal time. If, however, staff members choose to use personal social media accounts to communicate with students and families regarding topics pertaining to their work with the District, they are expected do so in a professional manner that complies with all district policies and regulations and doesn’t interfere with the school’s educational operations. 

Employees who utilize social media in the performance of their job duties shall keep these activities separate from any personal or non-District related use. This may be accomplished, for example, by setting up separate websites or networks to avoid any intermingling between personal and professional activities.

Staff members should:

Employees administering a social media account on behalf of a district class, team, club, group, department, organization or school, or the district, are expected to:

• Complete the BCSD Social Media Registration form (6480 F.1) and provide the Communications Department with login credentials and administrator rights to the account.
• Post only things that directly relate to the class, team, club, group, department or building, or to the school or district. Employees should not promote outside organizations on a district social media account unless there is a direct relationship to the district.
• Respect state and federal trademark, copyright and fair use laws when posting to social media and uphold standards of web accessibility to the highest extent practicable.
• Monitor comments posted to social media pages on a regular basis.
• Post information that is factually accurate and free of grammatical or spelling errors.
• Take responsibility for anything “liked” or shared via social media when representing the district, as this can be construed as an endorsement. Do not share a link without fully reading it first.
• Follow all rules established by the social media provider (i.e. age requirements, profile restrictions).
• Be aware that even with the most stringent privacy settings, photo tagging and other tools may make personal information regarding students and their families publicly available. 
• Refrain from “friending”, “following” or otherwise interacting with students from their personal social media accounts.
• Communicate with families and students through District-provided devices on District systems.
• Ensure that passive consent (consent that requires parents to actively opt-out rather than opting-in) has been obtained before posting any student photos.

Standards of professional conduct:

Staff members’ online behavior must reflect the same standards of professionalism, respect and integrity as face-to-face communications. If a staff member identifies themselves as an employee of the District when using social media sites, they must remember that they have associated themselves with the District, their colleagues and their school community; therefore, they must ensure that any associated content is consistent with the mission and work of the District.

Even with the most stringent privacy settings, when posting online comments that are related to school, students, families or the district, even in a personal capacity, staff should remember that all comments/postings are in the public domain. The District prohibits the use of social media to post any inappropriate material including but not limited to:

• Any statement or image that may be viewed as harassing, discriminatory or retaliatory in nature.
• Any statement or image that may be viewed as attacking, threatening, bullying, disparaging and/or embarrassing to District employees, students or others.
• Any statement or image that could be deemed obscene, sexually explicit or pornographic.
• Any statement or image that may disclose or reveal proprietary or confidential student or personnel-related information.
• Any material that is likely to disrupt the educational learning environment
• Any political lobbying
• Any plagiarism

Reporting Abuse

If any District employee or student becomes aware of any online posting that is in violation or may be in violation of this policy or other District policy, rule, regulation, or the Code of Conduct he/she must report that information to his/her Principal, Director, or the Assistant Superintendent for Human Resources.

Failure to adhere to these regulations may result in disciplinary action. If you have questions about these regulations, contact your building principal or supervisor.

Last Reviewed Date: 10/3/2023

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 2/28/17; 1/19/21; 10/3/23

Liability Protection Provided By the Education Law

The Board of Education has a statutory obligation to indemnify Brockport Central School District employees (and in certain circumstances, Board members and volunteers) under Sections 3023, 3028 and 3811 of the Education Law. For the purposes of this policy, the term "employee" shall be as defined by any applicable statute.

The District shall not have the duty to defend unless the employee, within the time prescribed by statute, delivers appropriate notice of the claim to the Board.

1. For purposes of Education Law Section 3811, the employee must give written notice within five  days after service of process upon them. The statute mandates only written notice of the claim to the Board; however, submission of relevant legal documents (such as a summons, complaint, notice of petition, petition, demand or pleading) by the employee to the Board is also encouraged.
2. For purposes of Education Law Sections 3023 and 3028, the employee must deliver the original or a copy of the relevant legal documents (such as a summons, complaint, notice of petition, petition, demand or pleading) to the Board within ten days of receipt.

To the extent permitted by law, the District will provide legal defense and (as required) indemnification for all damages, costs, and reasonable expenses incurred in the defense of a covered action or proceeding only for, (a) an employee was performing duties within the scope of their employment, (b) an individual performing authorized volunteer duties, or (c) an individual acting under the direction of the Board.

Public Officers Law Section 18

The Board confers the benefits of Section 18 of the New York State Public Officers Law upon District employees.  The District assumes the liability for the costs incurred under that statute, and the benefits accorded to District employees under that statute shall supplement and be available in addition to defense or indemnification protection conferred by other enactments or provisions of law.

The term "employees" encompasses Board members, District employees, volunteers expressly authorized to participate in a District sponsored volunteer program, and any other person holding a position by election, appointment or employment in the service of the District, whether or not compensated. The term "employee" shall also include a former employee, as well as their estate or judicially appointed representative.

Upon compliance by the employee with the requirements of Section 18 of the Public Officers Law, the District shall defend the employee in any civil action or proceeding arising out of any alleged act or omission which allegedly occurred while the employee was acting within the scope of their public employment. Furthermore, the District shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees, or in the amount of any settlement of a claim, provided that the act or omission from which the judgment or claim arose occurred while the employee was acting within the scope of their employment; provided, however, that the District shall not pay a settlement unless approved by the Board.

The duty to defend or indemnify and save harmless is conditioned on (a) the employee delivering a written request to the District’s attorney or the Superintendent to provide for their defense, together with the original or a copy of any summons, complaint, process, notice, demand or pleading, within ten days of receipt , and (b) the full cooperation of the employee in the defense of such action or proceeding and in the defense of any action or proceeding against the District based upon the same act or omission..

Exceptions to Liability Coverage

This District’s duty to indemnify and provide a defense does not apply to actions or proceedings brought by or on behalf of the District.

Policy References:

Paul D. Coverell Teacher Protection Act of 2001, as authorized by the No Child Left Behind Act of 2001, 20 United States Code (USC) Section 6731 et seq. Education Law Sections 1604(25), 1604(31-b), 1709(26), 1709(34-b), 2560, 3023, 3028 and 3811 General Municipal Law Sections 6-n and 52 Public Officers Law Section 18 Adoption Date: 6/28/1973, Revised: 7/19/1994; 6/20/00; 4/4/06; 12/4/07; 2/10/09; 7/1/08; 1/5/10; 2/28/17

Last Reviewed Date: 10/3/2023

Adoption Date: 01/18/1994

Revision History: 7/19/1994; 6/20/00; 12/1/09; 06/15/10; 10/01/2013; 2/28/17; 1/19/21; 10/3/23

The Board of Education, in accordance with the Family and Medical Leave Act of 1993 (as amended) (FMLA), gives eligible employees of the Brockport Central School District the right to take unpaid leave for a period of up to twelve workweeks in a rolling twelve-month period, measured backward from the date an employee uses any FMLA leave.

Policy References:

Family and Medical Leave Act of 1993 (as amended), Public Law 103-3 National Defense Authorization Act of 2008, Public Law 110-181 10 USC 101(a) (13) 29 USC 1630.1 and 2611-2654 29 CFR Part 825 and Part 1630 42 USC 12102 Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191 45 CFR Parts 160 and 164