The Dignity
Act
Amendments to 8 NYCRR 100.2(c),
100.2(jj), 100.2(l)
Risk and Safety Department
Putnam/Northern Westchester BOCES
Michael Sellet
Regional Safety Coordinator
Carol B. Sneyd
Regional Safety Technician
2
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
3
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
4
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.
Risk and Safety Department
Putnam/Northern Westchester BOCES
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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
7
The Dignity Act Coordinator Responsibilities
 Diverse
Responsibilities – depending on
district and building culture
 Needs to manage the day to day
response to reports
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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
9
Dignity Act Committee

District may have a district level coordinator
or dignity act committee to oversee the
overall response
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
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
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Do parents and staff feel that students are safe?
Do students feel safe?
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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
11
School Climate and Culture
Resources
www.schoolclimate.org/climate
http://safesupportiveschools.ed.gov
Risk and Safety Department
Putnam/Northern Westchester BOCES
12
Dignity Act Training

Must include students, teachers and all staff

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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

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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:



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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
Risk and Safety Department
Putnam/Northern Westchester BOCES
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Definitions – school property
School property Includes:

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athletic fields
playgrounds
parking lots
school buildings
school bus/vehicle
school-sponsored events or activities (on
and off campus)
Risk and Safety Department
Putnam/Northern Westchester BOCES
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Definitions – harassment
The 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;…”
Risk and Safety Department
Putnam/Northern Westchester BOCES
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Definitions – hostile environment
A 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
Risk and Safety Department
Putnam/Northern Westchester BOCES
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No student shall be subjected to
discrimination based on their actual or
perceived :


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Race
Color
National origin
Disability
Sex

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Weight
Ethnic group
Religion
Religious practice
Sexual orientation
Gender identity
Risk and Safety Department
Putnam/Northern Westchester BOCES
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Additional Groups

Some characteristics which may not be among
the identified groups but may be targets of
bullying
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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??
Risk and Safety Department
Putnam/Northern Westchester BOCES
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Part II
Discussion and Information
Sharing
Risk and Safety Department
Putnam/Northern Westchester BOCES
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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
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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 ConductGuidance Document
http://www.p12.nysed.gov/dignityact/docu
ments/DASACodeofConductFinal44-1.pdf
Risk and Safety Department
Putnam/Northern Westchester BOCES
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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

Risk and Safety Department
Putnam/Northern Westchester BOCES
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District Policy – Guidance
Document
http://www.p12.nysed.gov/dignityact/docu
ments/LocalDASAModelPolicyRev6-2212_1.pdf
Risk and Safety Department
Putnam/Northern Westchester BOCES
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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
Risk and Safety Department
Putnam/Northern Westchester BOCES
26
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?
Risk and Safety Department
Putnam/Northern Westchester BOCES
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Sample Rubric
Risk and Safety Department
Putnam/Northern Westchester BOCES
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Examples of Remediation

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Parent/student
conference
Corrective instruction
Behavioral contract
Positive behavioral
support
Assignment of leadership
responsibilities
Counseling
Community service
Restitution and restoration
Mediation

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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
Risk and Safety Department
Putnam/Northern Westchester BOCES
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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.
Risk and Safety Department
Putnam/Northern Westchester BOCES
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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?
Risk and Safety Department
Putnam/Northern Westchester BOCES
31
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
Risk and Safety Department
Putnam/Northern Westchester BOCES
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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)
Risk and Safety Department
Putnam/Northern Westchester BOCES
33
Exercise: case study 1
On her way to class, Crystal was attacked
by the three girls who struck her repeatedly
with a metal padlock.
Risk and Safety Department
Putnam/Northern Westchester BOCES
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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
35
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
37
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.
Risk and Safety Department
Putnam/Northern Westchester BOCES
39
Resources
http://www.p12.nysed.gov/dignityact/resou
rceguide.html
http://www.p12.nysed.gov/dignityact/resou
rces.html
http://www.stopbullying.gov/
Risk and Safety Department
Putnam/Northern Westchester BOCES
Questions?
msellet@pnwboces.org
csneyd@pnwboces.org
914-248-2457
COSER 698