5300.35 Reporting Violations

All students are expected to promptly report violations of the code of conduct to a teacher, guidance counselor, the Assistant Principal, the Building Principal or his or her designee. Any student observing a student possessing a weapon, alcohol, or illegal substance on school property or at a school function shall report this information immediately to a teacher, the Principal, the Principal's designee or the Superintendent of Schools.

All district staff who are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner. District staff who are not authorized to impose disciplinary sanctions are expected to promptly report violations of the code of conduct to their supervisor, who shall in turn impose an appropriate disciplinary sanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction.

Any weapon, alcohol or illegal substance found shall be confiscated immediately, if possible, followed by notification to the parent of the student involved and the appropriate disciplinary sanction, which may include permanent suspension and referral for prosecution.

The Principal or their designee must notify the appropriate local law enforcement agency of those code violations that constitute a crime and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day the Principal or their designee learns of the violation.

The notification may be made by telephone, followed by a letter mailed on same day as the telephone call is made. The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.

Reporting Discrimination, Harassment and/or Bullying:

All students who are witnesses to, or subjected to, incidents of discrimination, harassment and/or bullying by another student, by any District staff and/or by any other visitor on school property or at a school function, are expected to promptly report the matter to the Dignity Act Coordinator, a teacher, guidance counselor, the building principal or his or her designee.

All parents and/or visitors who are witnesses to, or receive a report of, a violation of the code of conduct or discrimination, harassment and/or bullying by a student, by a District staff member and/or by any other visitor on school property or at a school function, are expected to promptly report the matter to District staff.

School employees who witness discrimination, harassment and/or bullying, or receive an oral or written report of such acts shall promptly orally notify the principal, superintendent, or their designee not later than one (1) school day after such employee witnesses or receives a report of such acts, and shall also file a written report with the principal, superintendent, or their designee no later than two (2) school days after making an oral report.

The principal, superintendent or the principal's or superintendent's designee shall lead or supervise the thorough investigation of all reports of discrimination, harassment and/or bullying, and ensure that such investigation is completed promptly after receipt of any written reports.

When an investigation verifies a material incident of discrimination, harassment and/or bullying, the superintendent, principal, or designee shall take prompt action, reasonably calculated to end the discrimination, harassment and/or bullying, eliminate any hostile environment, create a more positive school culture and climate, prevent recurrence of the behavior, and ensure the safety of the student or students against whom such behavior was directed.

The principal, superintendent, or their designee shall notify promptly the appropriate local law enforcement agency when it is believed that any discrimination, harassment and/or bullying constitutes criminal conduct.

The principal shall provide a regular report, at least once during each school year, on data and trends related to discrimination, harassment and/or bullying to the superintendent.

Pursuant to Education Law section 13, retaliation by any school employee or student shall be prohibited against any individual who, in good faith, reports or assists in the investigation of discrimination, harassment and/or bullying.

It is essential that all targets and persons with knowledge of incidents of discrimination, harassment and/or bullying report such behavior as soon as possible after the incident so that it may be effectively investigated and resolved. The Somers Central School District will promptly and equitably investigate all complaints, formal or informal, verbal or written. In order to assist investigators, individuals should document any incident of discrimination, harassment and/or bullying as soon as it occurs and with as much detail as possible including: the nature of the incident(s); dates, times, places it has occurred; name of perpetrator(s); witnesses to the incident(s); and the target's response to the incident. If, after appropriate investigation, the Somers Central School District finds that a student, a District staff member or a third party has violated the code of conduct, prompt corrective action and possibly disciplinary action will be taken in accordance with this code of conduct, applicable collective bargaining agreements, District policy and state law.