5000

SUBJECT: CODE OF ETHICS FOR ALL BOCES PERSONNEL

Policy

Ethical standards of conduct increase the effectiveness of BOCES officers and employees as educators and public employees in the community. The WSWHE BOCES is committed to avoiding any situation in which the conduct of any officer (including Board members) or employee calls into question the integrity of the management or operation of the BOCES.

The overall standard of conduct expected of every WSWHE BOCES officer and employee is that they will not engage in any conduct that calls into question the integrity of the management or operation of the BOCES. Some specific examples of the type of conduct that violates this Code of Ethics are set forth below.

If a Board member’s conduct fails to adhere to this Code of Ethics, the Board member may be subject to removal from the Board. If another officer or employee fails to adhere to this Code of Ethics, they will be subject to adverse employment action, including possible termination of employment, following procedures consistent with any applicable employment contract or collective bargaining agreement. Conduct that violates this Code of Ethics may also subject the officer or employee to civil or criminal penalties under New York State law.

Standards of Conduct

a. Gifts: No officer or employee shall, directly or indirectly, solicit or accept or receive a gift under circumstances where it can reasonably be inferred that the gift was intended: (1) to influence them in the performance of their official duties, or (2) as a reward for any official action on their part. Among the prohibited gifts are money, services, loans, travel, entertainment, hospitality, and promises. This prohibition does not apply to gifts having a value less than $75.

b. Confidential Information: No officer or employee shall disclose confidential information acquired by them in the course of their official duties or use such information to further their personal interest.

c. Services to Parties Coming Before the Board: No officer or employee may receive compensation for rendering any services to an outside party with a matter before the Board; nor may they enter into an express or implied agreement to receive such compensation. These prohibitions apply to agreements where the compensation is to be contingent upon the Board or the WSWHE BOCES administration taking, or not taking, a particular action.

d. Conflicts of Interest

1. General Rule: No officer or employee shall have an interest in any contract to which the WSWHE BOCES is a party if that individual’s duties include: (a) negotiation, preparation, or approval of the contract or payment under the contract, (b) auditing bills or claims made under the contract, or (c) appointing someone who does any of those things. No chief fiscal officer or treasurer, or their deputy or employee, shall have an interest in a bank or trust company designated as a depositary, paying agent, registration agent, or investor of funds of the WSWHE BOCES.

2. Exceptions: The situations described in Section 802 of the General Municipal Law shall not be considered violations of this Code of Ethics.

3. Disclosure of Interests: Any officer or employee of the WSWHE BOCES who has an actual or potential interest, or whose spouse has an actual or potential interest, in any proposed or existing contract to which the WSWHE BOCES is a party, must disclose the nature and extent of their interest to the Board, in writing, as soon as that person has knowledge of the circumstances. This disclosure shall be made a part of the Board’s minutes.

e. Investment Conflicts: No officer or employee shall invest or hold any investment directly in any financial, business, commercial, or other private transaction that creates a conflict with their official duties

f. Employment Conflicts: No officer or employee shall hold, seek, or promise to take employment that creates a conflict with, or impairs the proper discharge of, their duties and responsibilities at WSWHE BOCES.

g. Post-Service Conflicts: After an officer’s or employee’s service with WSWHE BOCES has ended, that person may not appear before the Board, or any panel or committee of the Board, in relation to any matter in which they had participated as an officer or employee of BOCES.

District Superintendent Responsibilities

Without diminishing the District Superintendent’s general responsibility for implementation of Board Policy, the District Superintendent shall ensure that: (1) each officer (including Board members) and employee of WSWHE BOCES receives a copy of this Code of Ethics before entering into their duties, and (2) a copy of Article 18 of the General Municipal Law is posted in each building under the control of WSWHE BOCES in a place conspicuous to WSWHE BOCES officers and employees.

Adopted: February 13, 2002
Revised: November 14, 2007

                                                                                                                                                                                                              5005

SUBJECT: CODE OF CONDUCT

The following policy is enacted in accordance with the Regulations of the Commissioner of Education, Part 100.2 (1) and Safe Schools Against Violence in Education (SAVE) legislation.

DEFINITION OF TERMS

· "Weapon" means a firearm as defined in 18 USC §921 for purposes of the Gun-Free Schools Act. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutter, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death.

· "Controlled substance" means a drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and state law and regulations applicable to this policy.

· "Illegal drugs" means a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law.

· “Licensee” is defined as a person who enters the property of the BOCES for such person's own interest, without express or implied invitation (an invitee).

· “Invitee” is a person who enters the property of the BOCES with express or implied permission by someone who is authorized by the BOCES to give such permission.

· “District Superintendent” as used in these rules, shall be deemed to mean and include his designee or any person authorized to exercise the powers of that office during a vacancy therein or during the absence or disability of the incumbent.

PART 1: STUDENT CONDUCT AND DISCIPLINE

Section 1: Bill of Rights and Responsibilities of Students

RIGHTS

BOCES students shall have the rights afforded to students under the provisions of the federal and state constitutions and the laws of the State of New York. It is recognized that a student's private, non-school-sponsored and non-program-related conduct cannot be regulated unless the educational community is affected by such conduct.

RESPONSIBILITIES

A student shall not act in such a manner which disrupts the rights of others or which causes disorder or invades the rights of others.

A school is a place of learning. Learning involves the expansion of knowledge as well as acting in a manner considerate of the rights and feelings of others. Students learn from each other. Students must be conscious that younger students follow the leadership of upper classmen. Such examples should enhance the school environment.

Students are expected to show respect for faculty and all other members of the school community. A relationship based upon respect creates a harmonious environment. It shall be the responsibility of students to:

1. Be aware of and obey school rules and regulations.
2. Accept responsibility for their own actions.
3. Respect the rights of others, including the right to secure an education in an environment that is orderly and disciplined. Avoid bullying, harassing behavior.

4. Attend school regularly and punctually.
5. Take advantage of the academic opportunities offered at school.
6. Support and participate in school activities.
7. Maintain habits of personal cleanliness.
8. Respect school property and the property of others.
9. Strive for mutually respectful relationships with teachers and administrators recognizing their role as surrogate parent in matters of behavior and discipline.

Section 2: Prohibited Conduct on BOCES Premises for which Probative Action may be taken

A student shall be subject to disciplinary action in relation to the following:

1. Engaging in conduct that is disorderly. Examples of disorderly conduct include, but are not limited to:

a. Running in hallways.

b. Making unreasonable noise.

c. Using language or gestures that are profane, lewd, vulgar or abusive.

d. Obstructing vehicular or pedestrian traffic.

e. Engaging in any willful act, which disrupts the normal operation of the school community.

f. Driving on BOCES premises without a parking/driving permit. In addition, students are prohibited from driving or riding with other students.

g. Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.

h. Misusing computer/electronic communications equipment, including any unauthorized use of computers, software, or internet/intranet accounts; accessing inappropriate websites, or any other violation of the district's acceptable use policy.

2. Engaging in conduct that is insubordinate. Examples of insubordinate conduct include, but are not limited to:

a. Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.

b. Lateness for, missing or leaving school without permission.

c. Skipping detention.

3. Engaging in conduct that is disruptive. Examples of disruptive conduct include, but are not limited to:

a. Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.

b. Using beepers/cell phones during the school day.

4. Engaging in conduct that is violent. Examples of violent conduct include, but are not limited to:

a. Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator or other school employee or attempting to do so.

b. Committing an act of violence (such as hitting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or attempting to do so.

c. Possessing a weapon. (Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.)

d. Displaying what appears to be a weapon.

e. Threatening to use any weapon.

f. Intentionally damaging or destroying the personal property of a student, teacher, administrator, other district employee or any person lawfully on school property, including graffiti or arson.

g. Intentionally damaging or destroying school district property.

5. Engaging in any conduct that endangers the safety, morals, health or welfare of others. Examples of such conduct include, but are not limited to:

a. Lying to school personnel.

b. Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function.

c. Defaming, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.

d. Discriminating, which includes the use of race, color, creed, national origin, religion, gender, sexual orientation or disability as a basis for treating another in a negative manner.

e. Bullying, which includes physical, verbal or relational threats of intimidation, cruelty to others, terrorizing, coercing or habitual put-downs and/or badgering of others.

f. Harassing, which includes a sufficiently severe action or a persistent, pervasive pattern of actions or statements directed at an identifiable individual or group which are intended to be or which a reasonable person would perceive as ridiculing or demeaning.

g. Intimidating, which includes engaging in actions or statements that put an individual in fear of bodily harm.

h. Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club or team.

i. Selling, using or possessing obscene material.

j. Using vulgar or abusive language, cursing or swearing.

k. Smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco.

l. Possessing, consuming, selling, distributing or exchanging alcoholic beverages, illegal substances, or being under the influence of either. Possessing paraphernalia related to alcoholic beverages or illegal substances. "Illegal substances" include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCR amphetamines, heroin, steroids, look-alike drugs, and any substances commonly referred to as "designer drugs."

m. Sharing or using inappropriately prescription and over-the-counter drugs.

n. Gambling.

o. Indecently exposing; that is, intentionally exposing to sight private parts of the body in a lewd or indecent manner.

p. Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.

6. Engaging in misconduct while on a school bus.

(It is crucial for students to behave appropriately while riding on district buses to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving and fighting will not be tolerated.)

7. Engaging in any form of academic misconduct. Examples of academic misconduct include, but are not limited to:

a. Plagiarism.

b. Cheating.

c. Copying.

d. Altering records.

e. Assisting another student in any of the above actions.

Section 3: The Range of Penalties

The range of penalties, which may be imposed for the conduct set forth in section 2, is as follows:

1. Verbal warning;
2. Written warning;
3. Written notification to parent/guardian;
4. Counseling;
5. Reprimand, either written or verbal;
6. Suspension from club activities;
7. Suspension of other privileges;
8. Assignment to alternative learning environment;
9. Involuntary transfer;
10. Suspension from instruction; or
11. Removal from classroom by teacher.

The BOCES administrator or component school superintendent shall determine the type and extent of punishment. Such disciplinary measures shall be appropriate to the seriousness of the offense and, where applicable, to the previous disciplinary record of the student. Any suspension from attendance upon instruction may be imposed only in accordance with Education Law §3214 (3) as defined by the WSWHE BOCES or component school procedures for suspension. Specific operational procedures are defined in administrative regulations and the WSWHE BOCES Behavior Management System.

Section 4: Classified Students

1. Discipline of Students with Disabilities

The Board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities have certain procedural protections whenever school authorities intend to impose discipline upon them. The Board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations.

This code of conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and state law and regulations.

2. Authorized Suspension or Removal of Students with Disabilities

a. For purposes of this section of the code of conduct, the following definitions apply. A "suspension" means a suspension pursuant to Education Law §3214. A "removal" means a removal for disciplinary reasons from the student's current educational placement other than a suspension and change in placement to an Interim Alternative Educational Setting (IAES) ordered by an impartial hearing officer because the student poses a risk of harm to himself or herself or others.

An IAES means a temporary educational placement for a period of up to forty-five (45) days, other than the student's current placement at the time the behavior precipitating the IAES placement occurred. The IAES placement enables the student to continue to progress in the general curriculum, although in another setting and to continue to receive those services and modifications, including those described on the student's current Individualized Education Program (IEP), that will enable the student to meet the goals set out in such IEP and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.

b. School personnel may order the suspension or removal of a student with a disability from his or her current educational placement as follows:

i.) The component school Board and superintendent of schools, or a BOCES administrator may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five (5) consecutive school days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior.

ii.) The component school superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for up to ten (10) consecutive school days, inclusive of any period in which the student has been suspended or removed under subparagraph (i) above for the same behavior, if the component school superintendent determines that the student has engaged in behavior that warrants a suspension and the suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.

The component school superintendent may order additional suspensions of not more than ten (10) consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.

The component school superintendent may order the placement of a student with a disability in an IAES to be determined by the Committee on Special Education (CSE), for the same amount of time that a student without a disability would be subject to discipline, but not more than forty-five (45) days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.

c. Subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to forty-five (45) days at a time, if maintaining the student in his or her current educational placement poses a risk of harm to the student or others.

Section 5: Determination of Charges Against Students

1. Whenever a complaint is made to the district superintendent or designee of a violation by a student or students or whenever he/she has knowledge that such a violation may have occurred, he/she shall cause an investigation to be made and the statements of the complainants, if any, and of other persons having knowledge of the facts reduced to writing. If he/she is satisfied from such investigation and statements that there is reasonable ground to believe that there has been such a violation, he/she, or his/her administrative designee, shall discuss the matter with the alleged violator or violators and determine the extent of any such violation. Upon a determination of a violation, the district superintendent or administrative designee, shall refer the matter to the component school district of the student for such disciplinary action as in its judgment is deemed warranted under the particular circumstances, having in mind always the limitations, if any, imposed by law.

2. The district superintendent may suspend the student charged with a violation of these rules and regulations pending determination thereof, whenever is his/her judgment, the continued presence of such student would constitute a clear danger to the safety, morale, health or welfare of himself or other persons or to the safety of property on the premises or would pose an immediate threat of disruptive interference with the normal conduct of the BOCES activities and functions. Suspension will be subject to limitation and procedures prescribed by §3214 of the Education Law.

Section 6: BOCES Staff/Students Assigned to Component Schools

Staff and students assigned to BOCES facilities will follow the Board of Education policies and accompanying regulations of the BOCES. Staff and students assigned to component school buildings will follow the Board of Education policies and accompanying regulations of that school district.  

PART 2: PARENT/GUARDIAN, TEACHERS, OTHER SUPPORT STAFF, AND ADMINISTRATIVE STAFF

1. The Role of the Parent/Guardian

To achieve a cooperative, wholesome relationship between home and school that is essential to each student’s successful development and achievement, it shall be the responsibility of parents/guardians to:

a. Send their child to school as required by the New York State Education Law.

b. Insist on prompt and regular attendance.

c. Make certain that all absences are properly excused.

d. Provide for their child’s health, personal cleanliness, and suitable grooming and dress.

e. Guide their child from the earliest years to develop acceptable behavior, to exercise self-control and to be accountable for their actions.

f. Teach their child respect for law, for the authority of the school and for the rights and property of others.

g. Know and understand the rules their child is expected to observe at school; to be aware of the consequences for any violation of these rules; and to accept legal responsibility for their child’s actions.

2. The Role of the Teachers and Other Support Staff

In recognition of their charge in educating the children of our community, it shall be the responsibility of the teachers and other support staff to:

a. Reflect a personal enthusiasm for teaching and learning and a genuine concern for the individual student.

b. Guide learning activities so students learn to think and reason, to assume responsibility for their actions and to respect the rights of others.

c. Actively participate in the establishment and implementation of school rules, regulations, and reporting regarding student behavior; explain these rules to students and require observance of them.

d. Enable students to discuss their problems by listening to students, remaining open-minded, and consulting and acting on student recommendations in the decision-making process.

e. Be fair, firm, and consistent in enforcing school rules in buildings, school buses, on the school campus and at school sponsored activities.

f. Give positive reinforcement for acceptable behavior.

g. Be a part of the interdisciplinary/interdivisional team that works with the student.

h. Communicate regularly with parents/guardians.

i. Exemplify appropriate dress, reinforce acceptable student dress, and help students develop an understanding of appropriate appearance in the school setting.

j. Recognize that extremely brief garments such as tube or tank tops, net tops, halter-tops, spaghetti straps, plunging necklines (front and/or back) and see-through garments are not appropriate.

k. Ensure that outer clothing completely covers underwear.

l. Address items that are vulgar, obscene, libelous, of a bullying nature or that denigrate others on account of race, color, religion, creed, national origin, gender, sexual orientation or disability.

m. Not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage other illegal activities.

3. The Role of Administrative Staff

As the educational leaders of the school, administrators set the disciplinary climate. It shall be the responsibility of the administrative staff to:

a. Work towards creating the best teaching/learning situation possible, exercising all authority assigned by the district superintendent and Board of Education.

b. Evaluate the program of instruction and activities in the schools to achieve a meaningful education program.

c. Help the staff evaluate their own procedures and attitudes in relation to the interactions within their classrooms.

d. Receive teacher or counselor referrals of students with behavior problems; confer with these students; communicate with parents/guardians; and set up cooperative procedures for bringing about modification of the student’s behavior.

e. Provide written notice to parents/guardians of students, who have been removed, pursuant to the Regulations of the Commissioner of Education.

f. Evaluate the appropriateness of a student removal from class and provide the parents/guardians an opportunity to meet and discuss the incident pursuant to the Regulations of the Commissioner of Education.

g. Work towards utilizing all appropriate auxiliary staff and outside agencies to help parents/guardians and students identify problems and seek solutions.

h. Work towards providing the opportunity for students and staff to approach him/her directly for redress of grievances.

i. Be fair, firm, and consistent in all decisions affecting students, parents/guardians, and staff.

j. Maintain open lines of communication between the school and the home.

k. Assume responsibility for the dissemination and enforcement of the BOCES discipline policy and ensure that all cases are resolved promptly.

l. Comply with pertinent laws and regulations governing hearings, suspensions, and students’ rights.

m. Enable students to discuss their problems by listening to students; remaining open-minded; and consulting and acting on student recommendations in the decision-making process.

n. Facilitate the professional development of staff members and support in-service programs.

o. Establish the line of administrative authority in the building in the absence of the administrator.

p. Contact law enforcement officials as specified in the Emergency Management Plans.

PART 3: MAINTENANCE OF PUBLIC ORDER ON SCHOOL PROPERTY

Section 1: Strategies and Procedures for the Maintenance and Enforcement of Public Order on School Property

1. Statement of Purpose. The following rules are adopted in keeping with the spirit of §2801 of the Education Law. Said rules shall be subject to amendment or revision as the need may arise. Nothing herein is intended, nor shall it be construed to limit or restrict the freedom of speech nor peaceful assembly. These rules shall not be construed to prevent or limit communication between and among teachers, students and administration, or to relieve the BOCES authorities of their special responsibility for self-regulation in the preservation of public order. Their purpose is not to prevent or restrain controversy and dissent but to prevent abuse of the rights of others and to maintain public order appropriate to the BOCES educational program. They shall be interpreted and applied to that end.

2. Application of Rules. These rules shall apply to all BOCES owned and leased facilities. When BOCES classes are located in component schools, students and teachers shall be subject to rules and regulations of that school district and, when violations occur penalties will be imposed either by the local district or by BOCES depending upon the circumstances. The rules hereby adopted shall govern persons, whether or not their presence is authorized, and upon or with respect to any other premises or property, under the control of BOCES.

3. Prohibited Conduct. No person, either singly or in concert with others shall:

a. Willfully cause physical injury to any other person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from any act, which he/she has a lawful right to do.

b. Physically restrain or detain any other person, nor remove such person from any place where he/she is authorized to remain.

c. Willfully damage or destroy BOCES property under its jurisdiction nor remove or use such property without authorization.

d. Enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others.

e.