Bullying, Harassment, Discrimination, Title IX and DASA

Bullying, harassment and discrimination in the District’s educational programs and activities is prohibited by law and by District policy. Such conduct is prohibited regardless of whether it is directed at or perpetrated by a staff member, volunteer, student or other individuals participating in or attempting to participate in the District’s educational programs and activities. District policy also prohibits other inappropriate contact between school District staff, volunteers, vendors and other service providers and students. Reports or complaints of alleged conduct violating these laws and policies will be investigated and, where substantiated, the District will take appropriate corrective action, which may include, but is not limited to, disciplinary action against the offender(s).

The webpage serves as a centralized resource to provide quick and easy access to District policies, reporting forms, and other support tools for concerns related to bullying, harassment, discrimination and/or improper conduct.

Questions regarding the information on this webpage, District policies or other concerns regarding bullying, harassment, discrimination and/or improper conduct of District staff/volunteers towards students may be directed to the District’s Title IX Coordinator, a Dignity Act Coordinator and/or a building administrator. Contact information for these individuals is provided below.

The New York State’s Dignity for All Students Act (“DASA”) seeks to provide the State’s public elementary and secondary school students with a safe and supportive environment free from discrimination, intimidation, taunting, harassment, and bullying on school property, a school bus and/or at a school function. DASA also prohibits cyberbullying and extends to conduct which occurs off District property where the conduct substantially disrupts or there is a risk the conduct will substantially disrupt the school environment. DASA requires school districts to take action to address and prevent bullying and harassment of students, regardless of the basis of such conduct, and to address and prevent discrimination on the basis of race (including traits historically associated with race, including, but not limited to, hair texture and protective hairstyles such as but not limited to braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression).

Title IX of the Education Amendments of 1972 (“Title IX”) prohibits sex-based discrimination in education programs and activities that receive federal financial assistance. Sexual harassment is a form of sex-based discrimination under Title IX.

The New York State Human Rights Law (“NYSHRL”) prohibits discrimination in employment, housing, education, and/or public accommodations based on protected characteristics including age, arrest or conviction record, citizenship or immigration status, creed/religion, disability, status as a victim of domestic violence, familial status, gender (including gender identity and expression), lawful source of income, marital status, military status, national origin, predisposing genetic characteristics, pregnancy related conditions, race/color, sex and sexual orientation.

The District takes all reports of bullying, harassment and discrimination, as well as violations of the District’s Student-Staff Relations (Fraternization) policy, very seriously and is committed to maintaining a safe, respectful and welcoming environment for all. Anyone with concerns is encouraged to report them immediately so that appropriate action can be taken. All reports will be promptly directed to the appropriate personnel and/or department for review and response in compliance with federal, state and local laws, as well as applicable District policies and regulations.

Reports of bullying, harassment or discrimination of staff or students, or others participating or attempting to participate in the District’s educational programs or activities, as well as violations of the District’s Student-Staff Relations (Fraternization) policy, may be made orally or in writing at any time. Reports may be made anonymously, though anonymous reports may limit the District’s ability to effectively investigate or respond.

The best way to make a report of bullying, harassment or discrimination, or other conduct violating the District’s Student-Staff Relations (Fraternization) policy, is to utilize the District’s Babylon Talks tool, as this ensures the report reaches the appropriate personnel quickly. A hard-copy reporting form can be obtained by printing it directly from the Babylon Talks webpage, or from any District administrator at any school building or the District’s Central Office.

Reports of sex discrimination and/or sexual harassment, as well as reports of violations of the District’s Student-Staff Relations (Fraternization) policy, may also be made directly to the District’s Title IX Coordinator for the promptest response.

Reports of bullying, harassment or discrimination can also be made directly to any Dignity Act Coordinator (for students), supervisor (for staff), Building-Level Administrator or other District personnel. 

If you are unsure of how to make a report, have questions about whether a report should be made or need assistance in reporting concerns, please contact the District’s Title IX Coordinator, any Dignity Act Coordinator, any Building-Level Administrator, or a member of the District’s Central Administration team. Complaints do not need to be submitted to multiple individuals or through multiple means as complaints will be assessed and directed to the appropriate individual, regardless of the mechanism through which they are submitted.

The identity of individuals making reports or complaints, or participating in any investigation process, will be kept confidential to the extent permitted by law. However, the District may be required to share certain information in order to comply with its legal obligations and/or conduct an effective investigation. Questions and concerns regarding confidentiality in any reporting process can be directed to the District’s Title IX Coordinator.

Retaliation against any individual for making a report or complaint of bullying, harassment or discrimination, or participating in an investigation of such a report, whether directly or through a third party, is strictly prohibited by law and District policy. Anyone who believes they have experienced or witnessed retaliation is urged to immediately report it to the District’s Title IX Coordinator or any Dignity Act Coordinator so that appropriate action can be taken.

Reports or complaints received via any mechanism, and records associated with any resulting investigations, will be maintained by the District in a secure, confidential location for the period required by law.

The District’s Title IX Coordinator is:

Matt Wells, Executive Director of Human Resources

The District’s Title IX Coordinator can be contacted at:

50 Railroad Avenue

Babylon, New York, 11702

Phone: (631) 893-7924

Email: titleix@babylonufsd.com

Complaints may be submitted in any form, including via the email above. The District’s Title IX Coordinator may also be contacted with any questions or concerns regarding Title IX or DASA, as well as other bullying, harassment or discrimination related concerns.

The following materials have been used to train the District’s Title IX Coordinator and other members of the District’s Title IX team:

• 2020 Appellate Decision Maker Full Course PDF
• 2020 Title IX Coordinator Course Full PDF
• 2020 Title IX Decision Maker Course Full PDF
• 2020 Title IX Investigator Course Full PDF

The District’s Title IX policy can be found here:

• Board Policy No. 0111 (Sexual Harassment Grievances Under Title IX)

• Board Exhibit No. 0111-E (Sexual Harassment Grievances Under Title IX Exhibit – Definition)

New York law provides additional protections for employees against sexual harassment in the workplace.

Concerns regarding sexual harassment in the workplace should be reported to Mr. Matt Wells, Executive Director of Human Resources at titleix@babylonufsd.com.

The District’s Sexual Harassment in the Workplace policy can be found here:

• Board Policy No. 0110.2 (Sexual Harassment in the Workplace)

The District’s DASA Coordinators are:

• Babylon Junior-Senior High School – hsdasa@babylonufsd.com
  • Mr. Al Cirone
  • Ms. Melissa Callahan
  • Mr. Mike Collins
• Babylon Memorial Grade School: Lauren Fretto – gsdasa@babylonufsd.com
• Babylon Elementary School:  Thomas Keogh – esdasa@babylonufsd.com

Complaints regarding violations of DASA (any bullying, harassment or discrimination toward a student, on any basis) may be submitted in any form, including via the email addresses set forth above.  Complaints sent to the above email addresses will be received by the DASA Coordinator(s) for the relevant building/email address used, as listed above. Questions or concerns, including regarding the DASA complaint process or bullying, harassment or discrimination can be directed to any of these DASA Coordinators.

The District’s DASA policy and regulation can be found here:

• Board Policy No. 0115 (Student Harassment and Bullying Prevention and Intervention)
• Board Regulation No. 0115-R (Student Harassment and Bullying Prevention and Intervention Regulation)

District employees, service provides and vendors are prohibited, under any circumstances, from engaging in any unacceptable or inappropriate conduct with students, or any behavior that is unprofessional or could lead to even the appearance of impropriety as outlined in Board Policy 9150, regardless of a student’s age and/or whether or not the student welcomes the behavior and/or reciprocates the attention.

The District’s Student-Staff Relations (Fraternization) policy can be found here:

• Board Policy No. 9150 (Student-Staff Relations (Fraternization))

Any reports of or concerns regarding any conduct that violates Board Policy 9150 can be submitted in any form, including via email, to the District’s Title IX Coordinator, Matt Wells, Executive Director of Human Resources, at:

50 Railroad Avenue

Babylon, New York, 11702

Phone: (631) 893-7924

Email: titleix@babylonufsd.com

In addition to conducting an internal investigation, District is legally obligated to report certain conduct to law enforcement and/or other external agencies, including but not limited to:

• Pursuant to New York Education Law § 23-B, whenever there exists a reasonable suspicion that an act of child abuse in an educational setting by district employees, certain contractors and/or volunteers has occurred, the District is required to notify the parents of the involved student, local law enforcement authorities, and, where the perpetrator holds a teaching certificate or license, to the Commissioner of Education. Additionally, pursuant to 8 NYCRR § 19.5(e), all substantiated and unsubstantiated allegations of corporal punishment are also reported to the Commissioner of Education in an annual report.
• Pursuant to Part 83 of the Commissioner of Education’s Regulations, the District is obligated to refer any information indicating that an individual holding a New York State teaching certificate has been convicted of a crime and/or has committed an act raising a reasonable question as to their moral character to the New York State Education Department’s Office of School Personnel Review and Accountability (“OSPRA”).
• Pursuant to DASA, the District is required to annually report “material incidents,” as defined by 8 NYCRR § 100.2(kk)(1)(ix), of bullying, harassment and discrimination to the New York State Education Department on the annual School Safety and Educational Climate (“SSEC”) Summary Data Collection Form. Incidents believed to be potentially criminal in nature will also be reported to appropriate law enforcement.

Questions regarding the District’s external reporting obligations should be directed to the District’s Title IX Coordinator, whose contact information is provided above.

Bullying, harassment and discrimination are not only prohibited by the District, but may, depending on the nature of the conduct, also be prohibited by state and/or federal law. Accordingly, in addition to reporting concerns to the District, community members may also report concerns to the following external entities:

• U.S. Department of Education’s Office for Civil Rights

The U.S. Department of Education’s Office for Civil Rights (“OCR”) has the authority to investigate complaints of discrimination based on race, color, national origin, ancestry, sex, disability or age. If you believe you have been discriminated and/or retaliated against, you may file a complaint with OCR. Additional information, including contact information for OCR and the most current means of filing a complaint can be found on the U.S. Department of Education’s website at www.ed.gov.

• New York State Division of Human Rights

The New York State Division of Human Rights (“DHR”) enforces the New York State Human Rights Law (“NYSHRL”), which prohibits discrimination on the basis of certain protected characteristics. Additional information about reporting to DHR can be found on DHR’s website at dhr.ny.gov. 

• New York State Office of the Attorney General

The New York State Office of the Attorney General (“OAG”) investigates patterns of discrimination, and enforces laws that protect all New Yorkers from unequal treatment on the basis of race, creed, color, national origin, sexual orientation, military status, sex, age, marital status, domestic violence victim status, disability, pregnancy-related condition, predisposing genetic characteristics, prior arrest or conviction record, familial status, and gender identity. Additional information about reporting to the OAG can be found on OAG’s website at ag.ny.gov.

• New York State Education Department’s Office of School Personnel Review and Accountability

The New York State Education Department’s Office of School Personnel Review and Accountability pursues administrative educator discipline, manages the teacher tenure employment termination process, and manages fingerprint-supported criminal history background clearances for certification and school employment purposes. Contact information for OSPRA can be found on OSPRA’s website at www.nysed.gov/educator-integrity.

The following is a glossary of terms applicable to specific District policies and regulations:

Board Policy No. 0111 (Sexual Harassment Grievances Under Title IX):

• “Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment. 
• “Formal Complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the district investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the district with which the formal complaint is filed.
• “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
• “Retaliation” means intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by title IX or this part, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX regulations.
• “Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:
  • An employee of the district conditioning the provision of an aid, benefit, or service of the district on an individual's participation in unwelcome sexual conduct;
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the district’s education program or activity; or
  • “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).
• “Supportive Measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the district’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the district’s educational environment, or deter sexual harassment.

Board Policy No. 0110.2 (Sexual Harassment in the Workplace):

• “Sexual Harassment” is a form of gender-based discrimination that is unlawful under federal, New York State, and, where applicable, local law. Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment does not need to be severe or pervasive to be illegal. It can be any harassing behavior that rises above petty slights or trivial inconveniences.
• Per New York law, sexual harassment includes any unwelcome conduct which is either directed at an individual because of that individual’s gender identity or expression (perceived or actual), or is of a sexual nature when:
  • The purpose or effect of this behavior unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment. The impacted person does not need to be the intended target of the sexual harassment;
  •  Employment depends implicitly or explicitly on accepting such unwelcome behavior; or
  • Decisions regarding an individual’s employment are based on an individual’s acceptance to or rejection of such behavior. Such decisions can include what shifts and how many hours an employee might work, project assignments, as well as salary and promotion decisions.
• There are two main types of sexual harassment:
  • Behaviors that contribute to a hostile work environment include, but are not limited to, words, signs, jokes, pranks, intimidation, or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex, gender identity, or gender expression. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory, or discriminatory statements which an employee finds offensive or objectionable, causes an employee discomfort or humiliation, or interferes with the employee’s job performance.
  • Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions, or privileges of employment. This is also called quid pro quo harassment.

Board Policy No. 0115 (Student Harassment and Bullying Prevention and Intervention):

• “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, as defined in section one hundred forty-two of the vehicle and traffic law.
• “School Function” means a school-sponsored extra-curricular event or activity.
• “Sexual Orientation” means actual or perceived heterosexuality, homosexuality or bisexuality.
• “Gender” means actual or perceived sex and shall include a person’s gender identity or expression.
• “Discrimination” means the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others, to an individual or group of people because of the group, class or category to which that person belong. 
• “Harassment” and “Bullying” means the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that: 
  • 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 well-being; or
  • Reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or 
  • Reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or Occurs 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. 
  • Acts of harassment and bullying shall include, but not be limited to, those acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex. For the purposes of this definition, the term “threats, intimidation or abuse” includes verbal and non-verbal actions.
• “Hazing” means an induction, initiation or membership process involving harassment which produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur.
• “Cyberbullying” means harassment or bullying, as defined above, where such harassment or bullying occurs through any form of electronic communication.
• “Race,” for the purposes of this policy and implementing regulation, includes traits historically associated with race, including but not limited to, hair texture and protective hairstyles.

• “Protective hairstyles” includes, but is not limited to, hairstyles such as braids, locks, and twists.

Should you have any additional questions, comments or concerns not addressed above, please do not hesitate to contact any Building Level Administrator and/or member of the District’s Central Administration team.