CFN 204
Principal and AP
Meeting
2012-2013
UPDATES
David Abbott
Director of Student Services
October 2012
CFN 204 · Diane Foley · Network Leader
2012-2013 Changes
Discipline Code
OORS
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Updates to OORS
2012-2013
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OORS 2012-13 RFA Implications
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Does this incident involve student-on-student behavior
which may make this a bias related incident of
harassment, intimidation and/or bullying?
NO
YES
If following your investigation
you have determined that the
incident involved student-tostudent bias-based
harassment, intimidation
and/or bullying, you must
update the incident to reflect
these findings and follow the
procedures outlined in
Chancellor’s Regulation A832.
Chancellor’s Regulation A-832
requires that you investigate
this incident and issue a
written report of the results of
your investigation within 10
school days.
Upon completion of your
investigation, you must
update this report.
Click here to see Chancellor’s
Regulation A-832.
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Updates to RFA
2012-2013
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Why the focus on Respect for All?
2011-2012: Preparing for DASA
• The NY State Dignity for All Students Act
(DASA) went into effect July 1st 2012
• New York State Educational Law-Article 2
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Dignity for All Students Act
DASA Prohibits student to student and adult to
student harassment
 No student shall be subjected to harassment by
employees or students on school property or at a
school function; nor shall any student be subjected to
discrimination based on a person’s actual or
perceived race, color, weight, national origin, ethnic
group, religion, religious practice, disability, sexual
orientation, gender, or sex by school employees or
students on school property or at a school function
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DASA Requires:
• An age-appropriate version of the policy written in plainlanguage in the code of conduct (NYC Citywide Discipline
Code)
• School districts to develop policies intended to create a
school environment that is free from discrimination or
harassment (Chancellor’s Regulations)
• 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. (RFA
Liaison)
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NYC IS AHEAD OF THE GAME
The Discipline Code
B23: Using slurs based upon actual or perceived race, ethnicity, color, national
origin, citizenship/immigration status, weight, religion, gender, gender identity,
gender expression, sexual orientation, or disability.
LEVEL 3 Infraction- Disruptive Behavior
B40: Engaging in intimidating and bullying behavior, including cyber-bullyingthreatening, stalking or seeking to coerce or compel a student or staff member
to do something; engaging in verbal or physical conduct that threatens another
with harm; taunting and/or intimidation including through the use of epithets or
slurs involving actual or perceived race, ethnicity, color, national origin,
citizenship/immigration status, weight, religion, gender, gender identity, gender
expression, sexual orientation, or disability.
LEVEL 4 Infraction- Aggressive or Injurious/Harmful Behavior
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NYC IS AHEAD OF THE GAME
Chancellor’s Regulations

The Following Regulations are related to providing a safe and supportive
environment free of discrimination, intimidation, taunting, and harassment
(e.g. bullying):
 A-412: Security in Schools
 A-420: Pupil Behavior and Discipline- Corporal Punishment
 A-421: Pupil Behavior and Discipline- Verbal Abuse
 A-830: Filing Internal Complaints of Unlawful
Discrimination/Harassment
 A-831: Student to Student Sexual Harassment
 A-832: Student to Student Bias-Based Harassment Intimidation and/or
Bullying
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Chancellor’s Regulation A-421 Pupil Behavior and
Discipline-Verbal Abuse
A-421 prohibits verbal abuse of students by
Department of Education employees or other staff
members:
 Verbal abuse of student is prohibited in and around school
premises, as well as on school trips.
 No verbal abuse shall be inflicted in any of the public
schools, nor punishment of any kind tending to cause
excessive fear or physical or mental distress. Violation
shall constitute grounds for dismissal.
 DOE Employees may not use verbal abuse regardless of
whether a student’s parent or guardian consents to such
conduct.
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Prohibited Verbal Abuse Includes:
 Language that tends to cause fear or physical or mental
distress
 Discriminatory language based on actual or perceived
race, color, national origin, citizenship status, ethnicity,
religion, gender, disability, or sexual orientation which
tends to cause fear or physical or mental distress
 Language that tends to threaten physical harm; or
 Language that tends to belittle or subject students to
ridicule
AVOID SARCASM!!!!!!!
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Conducting the Investigation
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Investigation
***Complaints must be entered into OORS within 24 hours!!!
The principal/designee must advise the parent(s) of the
accused student of the allegations. The
principal/designee must also advise the parent(s) of the
alleged victim of the allegations, unless the alleged victim
informs the principal/designee of safety concerns in
regard to such notification. In such case, the
principal/designee shall decide whether to inform the
alleged victim’s parents following consideration of privacy
and safety concerns. The principal may consult with the
Office of the General Counsel in making this decision.
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Investigative Steps:
The principal/designee must take the following investigative
steps, as soon as practicable, but in any event, no later
than five days after receipt of the complaint:
 interview the alleged victim and document the conversation;
 ask the alleged victim to prepare a written statement which includes as
much detail as possible, including a description of the behavior, when it
took place and who may have witnessed it;
 interview the accused student and advise him/her that if the conduct
has occurred, it must cease immediately;
 ask the accused student to prepare a written statement; and
 interview any witnesses and obtain their written statements.
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Results of Investigation:
The school must report the results of its investigation of each
complaint filed under these procedures in writing to the
parents of the alleged victim and the parents of the
accused student within ten school days of the
complaint subject to state and federal laws regarding
student records privacy and consistent with the privacy
rights of the alleged harasser, except where a decision
was made not to notify the parents of the alleged victim of
the allegation as set forth in CR A-832 Section III.C. A
copy of this report must be sent to the CFN Network
Leader.
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Avoid Calls to 311!!!
“My child was bullied at school
and the principal did NOTHING
about it!”
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Unsubstantiated Charges
If, based upon your investigation, charges of
Bias Based Harassment are unsubstantiated,
it is important to determine if student
misconduct is still actionable under the
Discipline Code and should be addressed via
Chancellors Regulation A-443-Student
Discipline Procedures. Parents of victim can
be informed that all instances of student
misconduct was handled administratively in
accordance with the Discipline Code.
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Chancellor’s Regulation A-832
Follow Up
 Where appropriate, the complaining student and the accused
student should be referred to the guidance counselor, school social
worker, psychologist or other appropriate school staff for separate
counseling.
 Where appropriate, the principal/designee should utilize
intervention methods, including sensitivity training, counseling,
and/or referral to a community-based agency for counseling,
support and education.
 Students who have been found to have violated this regulation will
be subject to appropriate disciplinary action pursuant to the
Department of Education’s Discipline Code and Chancellor's
Regulation A-443.
 The principal/designee must follow up to ensure that the conduct
has stopped.
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Best Practices for RFA
 Establish a positive and respectful culture in your
classrooms.
 Provide many opportunities for student collaboration and
voice.
 Be sensitive to the diversity of everyone in the school
community.
 Model appropriate behaviors of tolerance and acceptance
to adversity.
 Work closely with bullies and victims.
 Address ALL instances of bullying/harassment. Report
incidents to the RFA liaison as needed.
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When in Doubt:
PUT IN OORS!!!
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