5300.80 Glossary of Terms

For purposes of this code, the following definitions apply.

Bullying shall mean repeatedly inflicting physical pain or psychological distress on one or more students or employees. Bullying shall also mean purposeful written, verbal, nonverbal or physical behavior that is often characterized by an imbalance of power, including but not limited to any threatening, insulting, or dehumanizing gesture by an adult or student that has the potential to create an intimidating, hostile or offensive educational environment, to cause discomfort or humiliation, or to interfere unreasonably with the individual’s school performance or participation. Bullying may involve but is not limited to teasing; threatening; intimidating; stalking; cyberstalking; cyberbullying; physical violence; theft; harassment; humiliation; social exclusion and/or destroying or damaging school property or the personal property of another. Bullying can take at least three forms: (a) physical which may include, but is not limited to, hitting, kicking, spitting, pushing, taking personal belongings; (b) verbal which may include, but is not limited to, taunting, teasing, name calling, making threats; and (c) psychological which may include, but is not limited to, spreading rumors, relational aggression, manipulating social relationships or engaging in social exclusion, extortion or intimidation.

Cyberbullying shall mean the repeated use of electronic information technology, including but not limited to email, text messaging, instant messaging, chat rooms, blogs, social networking sites, gaming systems and/or websites, by a group or individual to bully, harass, threaten, intimidate or inflict psychological distress upon one or more students or employees.

Disability means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in the context of employment, the term is limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the individual from performing in a reasonable manner the activities involved in the job or occupation sought or held.

Discrimination means discrimination against any student by a student or students and/or employee or employees on school property or at a school function including, but not limited 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.

Disruptive student means an elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom.

Emotional harm takes place in the context of “harassment or bullying” and means harm to a student’s emotional well- being through creation of a hostile school environment that is so severe or pervasive as to unreasonably and substantially interfere with a student’s education.

Expectations Are expressions of a strong belief of what people are capable of doing and achieving. Expectations are normative and aspirational. They provide enduring guidelines for how we should present and express ourselves, how we should behave, how we learn and what we should achieve

Employee means any person receiving compensation from a school district or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title 9-B of article 5 of the Social Services Law, and consistent with the provisions of such title for the provision of services to such district, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact.

Gender means actual or perceived sex and shall include a person’s gender identity or expression.

Gender expression is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyle, activities, voice or mannerisms.

Gender identity is one’s self-conception as being male or female, as distinguished from actual biological sex or sex assigned at birth.

Harassment which may include bullying, means the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying as defined in Education Law §11(8), that (a) 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 wellbeing; or (b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student.

Such definition includes acts of harassment, including bullying, that occur: (i) on school property; and/or (ii) at a school function; and/or (iii) off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.

For purposes of this definition, the term “threats, intimidation or abuse” shall include verbal and non-verbal actions. (Education Law §11[7])

Acts of harassment and bullying that are prohibited include those acts based on a person’s actual or perceived membership in the following groups including, but not limited to: race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, gender (which includes a person’s actual or perceived sex, as well as gender identity and expression).

Hate Speech means abusive or threatening speech or writing that expresses prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds based on actual or perceived characteristic.

Hate Symbol: Can be but are not limited to pictures, symbols, words or actions. These symbols can provoke feelings of anger and fear with the intent to intimidate or convey hate and boas. These symbols can target race, color, national origin, ancestry, gender, gender identification and expression, religion, religious practice, age, disability, and/or sexual orientation.

Intimidation is defined as repeated “threatening, stalking, or seeking to coerce or compel a person to do something; intentionally placing or attempting to place another person in fear of imminent physical injury; or engaging in written, verbal or physical conduct that threatens a person or group with harm, including intimidation through the use of epithets or slurs involving actual or perceived race, ethnicity, national origin, religion, religious practice, gender, sexual orientation, age or disability that substantially disrupts the educational process.”

Parent means parent, guardian or person in parental relation to a student.

School bus means every motor vehicle owned and operated by the Somers Central School District for the transportation of students, children of students, teachers and other persons acting in a supervisory capacity and a motor vehicle privately owned and operated for compensation for the transportation of students, children of students, teachers and other persons acting in a supervisory capacity to or from school or school functions.

School property means in or within any building, structure, athletic playing field. Playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, or in or on a school bus.

School function means any school-sponsored extra-curricular event or activity, whether or not on school grounds."

Sexual orientation means actual or perceived heterosexuality, homosexuality or bisexuality.

Student with a disability means a student who, because of mental, physical or emotional reasons can only receive appropriate educational opportunities from a program of special education. This phrase does not include a student whose educational needs are due primarily to unfamiliarity with the English language, environmental, cultural or economic factors.

Violent student means a student under the age of 21 who:

1. Commits an act of violence upon a school employee, or attempts to do so.
2. Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so.
3. Possess, while on school property or at a school function, a weapon.
4. Displays, while on school property or at a school function, what appears to be a weapon.
5. Threatens, while on school property or at a school function, to use a weapon.
6. Knowingly and intentionally damages or destroys the personal property of any school employee or any person lawfully on school property or at a school function.
7. Knowingly and intentionally damages or destroys school district property.

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 cutters, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or incendiary bomb. A weapon is also any other device, instrument, material or substance that can cause physical injury or death, including when same is used to cause physical injury or death, whether or not such physical injury or death actually occurs.

 

Revised July 12, 2022