the dignity act amendments to 8 nycrr 100.2(c), 100.2(jj), 100.2(l) risk and safety department...
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The Dignity ActAmendments to 8 NYCRR 100.2(c), 100.2(jj), 100.2(l)
Risk and Safety DepartmentPutnam/Northern Westchester BOCES
Michael Sellet Regional Safety Coordinator
Carol B. Sneyd Regional Safety Technician
Risk and Safety Department Putnam/Northern Westchester BOCES
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The Dignity Act July 1, 2012
It is hereby declared to be the policy of New York State to afford all students in public schools an environment free of discrimination and harassment.
Risk and Safety Department Putnam/Northern Westchester BOCES
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The Dignity Act (cont.)
School districts may be in violation of Federal Civil Rights statutes and U.S.E.D. regulations when peer harassment based on race, color, national origin, sex, or disability is sufficiently serious that it creates a hostile environment and such harassment is encouraged, tolerated, not adequately addressed, or ignored by school staff.
Risk and Safety Department Putnam/Northern Westchester BOCES
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The Dignity Act (cont.)
BOE must include language addressing the Dignity Act in their codes of conduct
Schools will be responsible for collecting and reporting data regarding incidents of discrimination and harassment by using the annual summary of violent and disruptive incidents form(VADIR)*
*we expect that the state will use VADIR but it is not yet addressed in guidance documents.
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The Dignity Act Coordinator The Dignity Act requires that at least one staff member at every school be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex (Education Law §13[3]). This staff member should be referred to as the Dignity Act Coordinator (DAC).
Risk and Safety Department Putnam/Northern Westchester BOCES
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The Dignity Act Coordinator (cont.) Board approved
Back up is recommended (can have several)
Must be accessible to students and other employees for consultation and advice – as needed
Dignity Act Coordinator needs a designated e-mail address
Must post contact information
Non –email means to contact the DAC if there are people who do not have access to e-mail
Risk and Safety Department Putnam/Northern Westchester BOCES
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The Dignity Act Coordinator -Responsibilities Diverse Responsibilities – depending on
district and building culture Needs to manage the day to day
response to reports Receives reports Makes referrals Documents school response
Risk and Safety Department Putnam/Northern Westchester BOCES
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The Dignity Act Coordinator -Responsibilities Should be charged with assisting to
identify alternative programs to prevent future negative behaviors
Should help the student being bullied also needs to support the bully so that they might gain alternative skills
Should show sensitivity to the culture/ ethnicity/ background/social norms of both parties
Risk and Safety Department Putnam/Northern Westchester BOCES
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Dignity Act Committee District may have a district level
coordinator or dignity act committee to oversee the overall response Committee needs to have a chair person Made up of all of the building level
coordinators Meeting minutes need to be kept and
maintained Allows for consistent response, sharing of
ideas
Risk and Safety Department Putnam/Northern Westchester BOCES
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Dignity Act Committee- Role Conducts and reviews school climate surveys Review current state of building climate by surveying staff,
students and parents Do parents and staff feel that students are safe? Do students feel safe?
Where do they feel unsafe? Where do bullying and harassment actually occur in your building? Where do you need to increase supervision? Other
Review the number and type of complaints Review the types of investigation and the results Make suggestions and recommendations to administration to
improve school climate
Risk and Safety Department Putnam/Northern Westchester BOCES
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School Climate and Culture Resources
www.schoolclimate.org/climate
http://safesupportiveschools.ed.gov
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Dignity Act Training Must include students, teachers and all staff
Coaches, bus drivers, monitors, substitute teachers, substitute custodians
Must Review Code of Conduct including new language
Must address issues identified by climate surveys or school climate committee
Must be continuous throughout the school year Diversity Civility and Character Education Citizenship
Risk and Safety Department Putnam/Northern Westchester BOCES
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Dignity Act Training (cont.)
Suggestions for incorporating continuous training into routine activities: DA “minute” at meetings and during the
morning announcements DA articles in district, building and student
papers and newsletters Integrate citizenship and civility into course
work Reviewing one part of code of conduct at
assemblies, during announcements, in articles and newsletters
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Definitions – school propertySchool property Includes:
athletic fields playgrounds parking lots school buildings school bus/vehicle school-sponsored events or activities (on
and off campus)
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Definitions – harassmentThe Dignity Act defines harassment as:
“the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being;…”
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Definitions – hostile environmentA hostile environment can be created when:
conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for their physical safety
conduct, verbal threats, intimidation or abuse includes but is not limited to: conduct, verbal threats, intimidation or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex
Risk and Safety Department Putnam/Northern Westchester BOCES
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Definitions – bullying Bullying is the intentional, unprovoked abuse
of power by one or more individuals to inflict pain on or cause distress to another individual on repeated occasions
The behavior can take many forms including physical, verbal and emotional abuse, social exclusion, intimidation, racial/ethnic slurs, and sexual harassment
Bullying online and through digital technologies is known as cyber-bullying
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No student shall be subjected to discrimination based on their actual or perceived : Race Color National origin Disability Sex
Weight Ethnic group Religion Religious practice Sexual
orientation Gender identity
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Additional Groups Some characteristics which may not be among the
identified groups but may be targets of bullying Academic ability Resettled refugees Homeless students Low or different economic status from district
demographic Bedbugs or lice Children in foster care and/or with incarcerated
parents Others??
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Part II Discussion and
Information Sharing
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Codes of Conduct
How has your district re-written your Code of Conduct? Age appropriate language summaries
Publicize and train contents of COC Accessibility – where is it stored? If online – does everyone have access to a
computer Review with staff, students and teachers How is it shared with parents? Language? Can everyone read it?
Risk and Safety Department Putnam/Northern Westchester BOCES
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Code of Conduct-Guidance Document
http://www.p12.nysed.gov/dignityact/documents/DASACodeofConductFinal44-1.pdf
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District Policy Changes Policies to create a school environment
free from discrimination or harassment
Guidelines to be used in school training programs to raise the awareness and sensitivity of school employees to potential discrimination or harassment
Guidelines to enable employees to prevent and respond to discrimination and harassment
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District Policy – Guidance Document
http://www.p12.nysed.gov/dignityact/documents/LocalDASAModelPolicyRev6-22-12_1.pdf
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Consequences for harassing behavior What consequences are already in
place? Are they age appropriate? Are they consistently enforced
throughout the district? How is your district handling this? Examples
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Examples of Consequences Time Out Loss of Privilege Verbal Reprimand Participation in
guided reflection Parental
Notification Detention
Referral Change in seating Change in
classroom Suspension Expulsion Change of school Other?
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Sample Rubric
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Examples of Remediation Parent/student
conference Corrective instruction Behavioral contract Positive behavioral
support Assignment of leadership
responsibilities Counseling Community service Restitution and
restoration Mediation
Supervised peer support group Recommendations of a student
behavior or ethics council Behavioral management
program Supportive discipline to
increase accountability for the bullying behavior
Supportive intervention Involvement of school
disciplinarian Student treatment/therapy
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Tracking
It is recommended that districts and BOCES review their Codes of Conduct to ensure that they contain provisions for reporting incidents of discrimination, harassment, and bullying. This reporting mechanism may help form the basis for collecting data that can be useful in assessing school climate.
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Tracking
What tracking methods do you already have in place that can be used as is or modified to work to track bullying and harassment?
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Legal Considerations Negligent Supervision: no adult
supervision
Violation of Constitutional Rights: knew or should have known and responded in an unreasonable manner
Discrimination: “protected class” victim claims that response was not prompt or effective
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Exercise: case study 1
On May 16, Crystal, a 16 year old junior high school student, had an argument in a store with three female classmates. The classmates threatened to beat Crystal up the next day at school. The next morning, Crystal told the Vice Principal about the threats. The V.P. dismissed the threats as “all talk” and instructed her to go to class. (cont. on next slide)
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Exercise: case study 1
On her way to class, Crystal was attacked by the three girls who struck her repeatedly with a metal padlock.
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Exercise: case study 2
You hear through others that 11 year old Henry is being teased by his classmates several times a week. In particular, two children -a girl, Krissy, and a boy, Michael make fun of the way he looks and have convinced most of his classmates to avoid him at lunch.
Risk and Safety Department Putnam/Northern Westchester BOCES
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Exercise: case study 3
On the second day of eighth grade, a girl in Emily's class shoved her into the road. Thinking she was playing, Emily shoved her back. Rumors began circulating within the school and Emily gained a reputation. The girl was part of a group of girls who continued to spread rumors about Emily; they also began stalking her in the playground. Some of the teachers, believing the rumors about Emily, accused her of bullying the other girl, and cautioned her parents about her behavior. Roughly once every 2 weeks Emily's parents would meet with the principal to try to convince him that Emily was the victim. No one in authority admitted that bullying existed at the school. Nothing was done. (cont. on next slide)
Risk and Safety Department Putnam/Northern Westchester BOCES
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Exercise: case study 3
For 3 years, the bullying continued with silent phone calls, threats, and occasional physical incidents. Each time after Emily or her parents complained, the teachers would glare at her in the hallway. After the bully graduated, the rest of the group of girls continued the bullying. Once when they cornered Emily against the wall, a teacher approached them and threatened Emily with further punishment if she continued her behavior. The teacher then sent the other girls back to the playground.
Risk and Safety Department Putnam/Northern Westchester BOCES
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Exercise: case study 4
Jonathan is constantly "losing his cool" in the classroom and has been picking fights with students in the playground. His parents have been to the school on numerous occasions and have complained that teachers do not do enough to stop the bullies from harassing their son. But, you know that he sets himself up to be bullied by taunting others in the class, being rude, taking part in silly actions such as tripping girls who pass his desk, etc.
You do not condone his behavior, but you do not condone his classmates' reaction, even though you also find him annoying, untrustworthy, and difficult. In addition, it is known that fighting often occurs in his family.
Risk and Safety Department Putnam/Northern Westchester BOCES
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Exercise: case study 4
You do not condone his behavior, and you do not condone his classmates' reaction, even though you also find him annoying, untrustworthy, and difficult. In addition, it is known that fighting often occurs in his family.
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Resourceshttp://www.p12.nysed.gov/dignityact/resourceguide.html
http://www.p12.nysed.gov/dignityact/resources.html
http://www.stopbullying.gov/
