SUBJECT:
CODE
OF ETHICS FOR ALL BOCES PERSONNEL
Definitions
a)
"BOCES" shall mean the
Board of Cooperative Educational Services, Sole
Supervisory District,
Washington-Saratoga-Warren-Hamilton-Essex Counties.
b)
"Municipal Officer or Employee" means an
officer or employee of the BOCES, paid or unpaid,
including members of any administrative board, commission,
agency, or committee thereof.
c)
"Interest" means a direct or indirect
pecuniary or material benefit accruing to a BOCES officer
or employee as the result of a contract with the BOCES.
Purpose
a)
Pursuant to the authority of Section Eight Hundred
Six of the General Municipal Law, the BOCES adopts this
code of ethics setting forth for the guidance of its
officers and employees, the standards of conduct
reasonably expected of them.
b)
The code of ethics is in addition to the prohibited
conflicts of interest in Article 18 of the General
Municipal Law; and the provisions of any other general or
special law governing conflicts of interests and/or
ethical conduct of municipal officers and employees.
Standards
of Conduct
Every officer and employee of
the BOCES shall be subject to the following
standards
of conduct:
a)
Gifts - No officer or employee shall directly or indirectly
accept any gift; having a value of $25.00 (twenty-five
dollars) or more, whether in the form of money, services,
loan, travel, entertainment, hospitality, thing or
promise, or any other form, where it could reasonably be
inferred that the gift was intended to influence the
officer or employee or could reasonably be expected to
influence the officer or employee in the performance of
his/her official duties; or was intended as a reward for
any official action by the officer or employee.
b)
Confidential Information - No officer or employee shall
disclose confidential information acquired in the course
of official duties or use such information to further
personal interest.
c)
Representation before the BOCES
- No officer or employee shall receive, or enter into any
agreement, express or implied, for compensation for
services to be rendered in any matter before the BOCES.
d)
Representation before any agency for a contingent
fee
- No officer or employee shall receive, or enter into any
agreement, express or implied, for compensation for
services to be rendered in any matter before the BOCES,
whereby compensation is to be dependent or contingent upon
any action by the BOCES with respect to such matter,
provided that this paragraph shall not prohibit the fixing
of fees based upon the reasonable value of service
rendered.
e)
Disclosure of interest in resolution
- An officer or employee who participates in the
discussion of or gives official opinion to the Board of
Education on any resolution before such Board shall
publicly disclose in the minutes of a public Board meeting
the nature and extent of any direct or indirect financial
or other private interest in such resolution.
f)
Investments in conflict with official duties
- No officer or employee shall invest or hold any
investment, directly or indirectly, in any financial,
business, or commercial venture, or other private
transaction which creates a conflict of interest with
official duties or work assignments.
g)
Private employment - No officer or employee shall engage in, solicit,
negotiate for or promise to accept private employment or
render services to private interests when such employment
or service creates a conflict of interest with or impairs
the proper discharge of official duties or work
assignments.
h)
Future employment - No officer or employee shall appear before any board or
agency or committee of the BOCES in relation to any matter
in which the officer or employee personally participated
during the period of service employment of which was under
his/her active consideration.
Distribution
of Code of Ethics
The District Superintendent of the BOCES shall
cause a copy of this code of ethics to be distributed to
every officer and employee of the BOCES within 30 days
after the effective date of this resolution.
Each officer and employee elected or appointed
thereafter shall be furnished a copy before entering upon
the duties of his/her office or employment.
Penalties
In addition to any penalty contained in any other
provision of law, any person who shall knowingly and
intentionally violate any of the provisions of this code
may be fined, suspended or removed from office or
employment, as the case may be, in the manner provided by
law.
Effective
Date
This resolution shall take effect 10 days after it
is filed as provided in section twenty-seven of the
municipal home rule law.
Education Law §§ 410, 3016
General Municipal Law Art. 18, §§ 801-813
Labor Law §201-d
Adopted:
February 13, 2002
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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:
-
Be aware of
and obey school rules and regulations.
-
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.
-
Attend school
regularly and punctually.
-
Take
advantage of the academic opportunities offered at
school.
-
Support and
participate in school activities.
-
Maintain
habits of personal cleanliness.
-
Respect
school property and the property of others.
-
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:
-
Verbal
warning;
-
Written
warning;
-
Written
notification to parent/guardian;
-
Counseling;
-
Reprimand,
either written or verbal;
-
Suspension
from club activities;
-
Suspension of
other privileges;
-
Assignment to
alternative learning environment;
-
Involuntary
transfer;
-
Suspension
from instruction; or
-
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.
