Title IX/DASA

NOTICE OF NON-DISCRIMINATION

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The Norman Howard School does not discriminate on the basis of race, color, national origin, religion, sex, gender, sexual orientation, disability, age, military status, marital status, or any other characteristic protected under applicable federal, state or local law in its admissions, employment, and programs and activities and provides equal access to the Boy Scouts and other designated youth groups.  Retaliation is also prohibited.

The following person has been designated to handle student and employment-related inquiries regarding the School's non-discrimination policies:

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Nick Fargnoli

Interim Director of Students

The Norman Howard School 275 Pinnacle Road Rochester, New York 14623

Telephone No.: 585-334-8010, ext. 305 Email: nfargnoli@normanhoward.org

 

Nick Fargnoli also serves as the Coordinator for the School's student and employment-related compliance with Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and the Age Discrimination Act of 1975, and their implementing regulations. Inquiries regarding the application of regulations prohibiting discrimination on the bases of sex, disability, and age may also be referred to the federal Office of Civil Rights (OCR) within the Department of Education. Visit http://www2.ed.gov/about/offices/list/ocr/index.html or call 1-800-421-3481.

 

Student Harassment and Bullying Prevention and Intervention

The Norman Howard School (NHS) is committed to providing an educational environment that promotes respect, dignity, and equality. Norman Howard recognizes that acts of discrimination and harassment, including bullying, taunting, or intimidation, are detrimental to student learning and achievement. These behaviors interfere with the mission of our school to educate its students and disrupt the operation of our school. Such behavior affects not only the students who are its targets, but also those individuals who participate in, and witness such acts.

 

To this end, NHS condemns and strictly prohibits all forms of discrimination and harassment, including bullying, taunting or intimidation, against students by students and/or employees and by third parties on school property, which includes school transportation, school field trips, and at school functions, which means school-sponsored, extra-curricular events or activities.

 

DEFINITIONS

 

Harassment

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Harassment has been defined in various ways in state and federal law and regulation. The School recognizes that these definitions are important standards and has developed policies and procedures which comply with them. It is also the School’s goal, in developing these policies and procedures, to prevent incidents of misbehavior from occurring and/or escalating, to promote a positive school environment, and to limit liability.

The Dignity Act (Education Law 11[7]) 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; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety. Such 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:

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•     race

•     color

•     weight

•     national origin

•     ethnic group

•     religion

•     religious practice

•     disability

•     age

•     sex

•     sexual orientation

•     gender (which includes a person’s actual or perceived sex, as well as gender identity and expression

 

Bullying

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Bullying has been described by the USDE as unwanted, aggressive behavior among school-aged children that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated over time. Bullying can occur before and after school hours, in a school building or on a bus while a child is traveling to or from school or on the Internet. Children who are bullied and those who bully others could have serious, lasting problems. Additionally, according to the USDE, bullying generally involves the following characteristics:

 

•     An Imbalance of Power: Children who bully use their power, such as physical strength, access to embarrassing information, or popularity, to control or harm others. Power imbalances can change over time and in different situations, even if they involve the same people.

•     The Intent to Cause Harm: The person bullying has a goal of causing harm.

•     Repetition: Bullying behaviors generally happen more than once or have the potential to happen more than once.

 

 Examples of bullying include but are not limited to:

 

•     Verbal: Name-calling teasing, inappropriate sexual comments, taunting, and threatening to cause harm.

•     Social: Spreading rumors about someone, excluding others on purpose, telling other children not to be friends with someone, and embarrassing someone in public.

•     Physical: Hitting, punching, shoving, kicking, pinching, spitting, tripping, pushing, taking or breaking someone’s things, and making mean or rude hand gestures.

 

Discrimination

 

Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to others, to an individual or group of people because of the group, class or category to which that person belongs.

 

The Norman Howard School does not discriminate on the basis of race, color, national origin, sex, disability, age, marital status, military status, or any other characteristic protected under applicable federal, state or local law in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups.  Retaliation is also prohibited. The following person has been designated to handle student-related inquiries regarding the School’s non-discrimination policies:

 

Nick Fargnoli

Interim Director of Students

The Norman Howard School 275 Pinnacle Road Rochester, New York 14623

Telephone No.: 585-334-8010, ext. 305 Email:  nfargnoli@normanhoward.org

 

Nick Fargnoli also serves as the Coordinator for the School’s student-related compliance with Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and the Age Discrimination Act of 1975 and their implementing regulations.

 

Inquiries regarding the application of regulations prohibiting discrimination on the bases of sex, disability, and age may also be referred to the federal Office of Civil Rights (OCR) within the Department of Education.  Visit http://www2.ed.gov/about/offices/list/ocr/index.html or call 1-800-421-3481.

 

Hazing

 

The Penal Law defines hazing as a person intentionally or recklessly engaging in conduct during the course of another person’s initiation into or affiliation with any organization, which creates a substantial risk of physical injury to such other person or third person and thereby causes such injury (Penal Law 120.16).

Under the Penal Law 120.17, it is also considered hazing, even when physical injury does not occur, if a person intentionally or recklessly engaged in conduct during the course of another person's initiation into or affiliation with any organization, which created substantial risk of physical injury to such other person or a third person.

 

PREVENTION

 

The school setting provides an opportunity to teach children, and emphasize among staff, that cooperation with and respect for others is a key value of The Norman Howard School. A program geared to prevention is designed to not only decrease incidents of discrimination, harassment, bullying, taunting or intimidation, but to help student build more supportive relationships with one another by integrating the prevention and intervention program into classroom instruction. Staff members and students will be sensitized, through school-wide, professional development and instruction, to the warning signs of discrimination, harassment, bullying, taunting or intimidation, as well as to their responsibility to become actively involved in the prevention of such acts before they occur. 

 

Curricular material that raises awareness and sensitivity to discrimination or harassment and civility in the relationships of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, sexes or gender expression or identities will be included in the instructional program grades four through twelve.

Intervention

 

Intervention by adults and bystanders with proper training can be an important step in preventing escalation and resolving issues at the earliest stages. Intervention at the Norman Howard School will emphasize education and skill-building.

 

Remedial responses to discrimination or harassment, including bullying, taunting, or intimidation, will include measures designed to correct the problem behavior, prevent another occurrence of the problem behavior, and protect the targeted student. Remediation may be targeted to the individual(s) involved in the bullying behavior or to school-wide environmental approaches.

 

In addition, intervention will focus upon the safety of the targeted student. When aware of incidents of discrimination, harassment or bullying, as well as intimidation or taunting, staff are expected either to refer the targeted student to designated resources for assistance, or to intervene in accordance with this policy and the relevant provisions of the code of conduct.

 

 

 

 

PROVISIONS FOR STUDENTS WHO DO NOT FEEL SAFE AT SCHOOL

 

The Norman Howard School acknowledges that, notwithstanding actions taken by staff, intervention might require a specific, coordinated approach, if a student does not feel safe at school. Students who do not feel safe at school are limited in their capacity to learn and reach their academic potential. Staff, when aware of incidents of discrimination, harassment, bullying, taunting or intimidation should determine if accommodations are needed in order to help ensure the safety of the student and bring this to the attention of an administrator. The administrator(s), other appropriate or designated staff, the student and the student's parent/guardian will work together to define and implement any needed accommodations.

 

TRAINING

 

The Norman Howard School recognizes that professional development is needed in order to implement an effective discrimination, harassment, and bullying prevention and intervention program.  Professional development opportunities to support this program will be provided to all staff as needed.

 

A staff member referred to as the Dignity Act Coordinator was trained in accordance with state requirements and will continue his/her professional development so as to successfully support this policy and program.  Dignity Act Coordinator for the Norman Howard School:

 

Nick Fargnoli

Interim Director of Students

The Norman Howard School 275 Pinnacle Road Rochester, New York 14623

Telephone No.: 585-334-8010, ext. 305 Email: nfargnoli@normanhoward.org

 

Nick Fargnoli also serves as the Title IX Coordinator and the Coordinator under Section 504, Title VI, and the Age Act at NHS for purposes of complaints of discrimination, harassment and/or bullying submitted by students and/or their parents.

 

REPORTING AND INVESTIGATION

 

Students who have been subjected to discrimination or harassment, parents whose children have been subjected to such behavior or other students or staff who observe such behavior, are encouraged and expected to make verbal and/or written complaint to any school personnel in accordance with the training and guidelines provided. At all times, complaints will be handled in accordance with this policy, and, if applicable, the School’s code of conduct and disciplinary rules and procedures, or the school's Title IX Grievance Procedure. If a staff person is unsure of the reporting procedure, he or she is expected to inquire about how to proceed by speaking with an administrator.

 

There shall be a duty for all school personnel to report to the Dignity Act/Title IX Coordinator incidents of student-to-student and/or staff-to-student discrimination, harassment and bullying that they observe on school property or at school functions.  In addition, there shall be a further duty for all school personnel to report to the Dignity Act/Title IX Coordinator any incidents of student-to-student and/or staff-to-student discrimination, harassment and bullying of which they are made aware by students, staff, parents or guardians. The Coordinator will conduct and/or refer the information to staff for investigation as appropriate.

 

The results of any such investigation shall be reported to the targeted student and the alleged offender, as well as their respective parents or guardians, in accordance with this policy and/or the school’s code of conduct.

 

DISCIPLINARY CONSEQUENCES/REMEDIATION

 

While the primary focus of this policy is on prevention, acts of discrimination, harassment and bullying may still occur.  When such acts occur, student offenders will be given the clear message that their actions are inappropriate and will not be tolerated because they are inconsistent with the concepts of tolerance and respect for others and the fostering of civility in order to provide a safe and supportive school environment for all students.  Student offenders must further be advised that their behavior must improve.  Student offenders will receive in-school guidance on making positive choices in their relationships with others.  If appropriate, disciplinary action will be taken by the administration in accordance with the school’s code of conduct as applicable.  If the behavior rises to the level of criminal activity, law enforcement will be contacted.

 

This policy is meant to promote progressive discipline and intervention, as opposed to a "zero tolerance" approach.  Responses to students’ violations of the policy shall be age- appropriate and include both consequences and appropriate remedial responses to a student who commits one or more acts of discrimination, harassment and/or bullying.  Consequences for a student who commits an act or acts of discrimination, harassment and/or bullying shall be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, the student's history of problem behaviors, and must be consistent with the school’s code of conduct.

 

NON-RETALIATION

 

All complainants and those who participate in the investigation of a complaint, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.

 

SEX DISCRIMINATION, SEXUAL HARASSMENT, AND SEXUAL ASSAULT

 

Federal and state law, including the New York Human Rights Law and Title IX of the Education Amendments of 1972, prohibit discrimination on the basis of sex as well as sexual harassment and sexual assault.  Sexual harassment is a form of sex discrimination.  It includes unwelcome conduct such as sexual advances, requests for sexual favors, offensive touching, and other verbal or physical conduct of a sexual nature.  This conduct may constitute sexual harassment when it is made an explicit or implicit condition of a student’s educational opportunities or benefits; is used as the basis for educational or academic decisions; or when it unreasonably interferes with a student’s academic or educational performance or creates an intimidating, hostile, or abusive academic or educational  environment.

Examples of prohibited sexual harassment include:

•     Sexual advances, flirtations, or propositions;

•     Verbal abuse of a sexual nature, sexually related comments and joking, graphic or degrading comments about a student’s appearance, displaying sexually suggestive objects or pictures including cartoons or vulgar email or social media messages;

•     Physical contact or touching such as patting, pinching, or repeated brushing against another’s body; and

•     Sexual assault.

 

Such conduct may constitute sexual harassment regardless of whether the conduct is between students; School personnel and students; or outside parties who are conducting business at the School and students.  Such conduct may constitute sexual harassment regardless of whether the parties involved are of the same gender or a different gender.

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Procedures for Complaints of Unlawful Harassment and Discrimination, Including Sex Discrimination, Sexual Harassment and Sexual Assault

 

Any student who feels he or she has been discriminated against on the basis of sex, including sexual harassment or sexual assault, or discriminated against on the basis of race, color, national origin, age, sexual orientation, disability, or any other legally protected basis, should promptly report the matter to any school administrator or to Nick Fargnoli, who is the School’s Title IX Coordinator (and Coordinator under Section 504, Title VI, and the Age Act) for student complaints.  Nick Fargnoli may be reached in person, by telephone, by mail, or by email at the following addresses:

 

Nick Fargnoli

Interim Director of Students

The Norman Howard School 275 Pinnacle Road Rochester, New York 14623

Telephone No.: 585-334-8010, ext. 305 Email: nfargnoli@normanhoward.org

 

Complaints that should be reported include complaints of discrimination or harassment committed by other students, employees, or third parties.  Parents and/or guardians may also submit complaints on behalf of the student. A student, parent or guardian’s right to file a criminal complaint about an incident does not affect their right to simultaneously file a Title IX complaint about the same incident.  

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Any School administrator who receives such a complaint from a student, parent or guardian, or who otherwise becomes aware of prohibited harassment or discrimination, must immediately notify the Title IX Coordinator.

 

The School’s Title IX Coordinator will arrange for a prompt investigation of the matter following the Title IX Policy and Grievance Procedure.  The complaining party and the accused party will each be permitted to provide witnesses and other evidence regarding the alleged discriminatory or harassing incident.  The School will handle the investigation in as confidential a manner as possible consistent with the Policy and the School’s need to determine the facts.  Questions about confidentiality should be directed to the Title IX Coordinator.  It is expected that most complaints will be processed within 30 days, although a longer time frame may be necessary where complex or multiple incidents are involved.  The School will determine the outcome of the complaint based on a preponderance of the evidence standard, i.e., whether it is more likely than not that the alleged harassment or discrimination occurred.  The parties will be notified in writing of the outcome of the School’s investigation. 

 

DISCIPLINARY CONSEQUENCES/REMEDIATION

 

The School will take all necessary steps to prevent unlawful sexual and other harassment and discrimination and to prevent the recurrence and correct the adverse effects of any harassment or discrimination that is found to have occurred.  Student offenders will face possible disciplinary sanctions consistent with the School’s code of conduct which may include oral and written reprimands, suspensions, other actions appropriate to the individual situation, and in extreme cases, expulsion.  Student offenders will also be reminded that harassment and discrimination is prohibited and will receive in-school guidance on appropriate behaviors in their interactions with others. Any student who was subject to prohibited sexual or other harassment or discrimination may receive counseling or other remedies, such as separation of the parties involved, including interim remedies during the investigation, as needed and as appropriate to the situation. The Title IX Coordinator and/or the School’s social worker can provide information to the student or parent or guardian on sources of support and outside counseling.

 

Employees who are found to have committed unlawful sexual or other harassment or discrimination will face disciplinary sanctions appropriate to the individual situation.  Possible disciplinary actions may include, but are not limited to, counseling, oral or written warnings, transfers, or termination.

 

NON-RETALIATION

Students and their parents or guardians who raise concerns and submit complaints of sexual or other harassment or discrimination in good faith may do so without fear of reprisal.  The School prohibits retaliation of any kind due to the filing of a complaint of harassment or discrimination under Title IX or any other federal, state, or local statute, or against any person who has participated in the investigation of such a complaint. Any student or other person who believes they have been subject to prohibited retaliation should immediately notify the Title IX Coordinator.

 

POLICY REVIEW AND MODIFICATION

This policy will be reviewed periodically to assess its compliance with state and federal law and revised as needed.