A.  Student Rights

Dignity for All Students Act (Dignity Act)

Southwestern provides leadership in the areas of civility, citizenship, and character education by expanding the concepts of tolerance, respect for others and dignity to include: an awareness and sensitivity in the relations of people, including but not limited to, different sex, race, weight, national origin, ethnic group, religion, religious practices, mental or physical abilities, sexual orientation, gender identity and expression.

The Dignity Act explicitly provides that no student must be subjected to discrimination and/or harassment by employees and/or students on school property or at a school function based on their actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression), or sex. (www.regents.nysed.gov/meetings/2011Meetings/June2011/611p12d4.pdf)

The Dignity for All Students Act (Dignity Act) provides public school students with an environment free from harassment, bullying (including cyber bullying), and discrimination, as well as to foster civility in public schools. The Dignity Act focuses on the prevention of discriminatory behaviors, including harassment/bullying, through the promotion of educational measures meant to impact school culture and climate positively.

Scope of Cyberbullying

The Dignity Act prohibits discrimination including harassment/bullying/cyberbullying, of students on school property, including at school functions, by any student and/or employee. As the amended act states, cyberbullying may include, among other things, the use, both on and off school property, of electronic technology, including, but not limited to, e-mail, instant messaging, blogs, chat rooms, pagers, cell phones, gaming systems, social media apps, and social media websites, to deliberately harass or threaten others.

Definitions

“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 (Education Law §11[1]).

“School Bus” means every motor vehicle owned by a public or governmental agency or private school and operated for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities, or, privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities (Education Law §11[1] and Vehicle and Traffic Law §142).

“School Function” means a school-sponsored extra-curricular event or activity (Education §11[2]).

“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 all provisions of this article dealing with employment, the term must be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held (Education Law §11[4] and Executive Law §292[21]).

“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.

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

“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 (Education Law §§11[4] and 1125[3]).

“Gender” means a person’s actual or perceived sex and includes a person’s gender identity or expression (Education Law §11[6]).

“Sexual Orientation” means actual or perceived heterosexuality, homosexuality, or bisexuality (Education Law §11[5]).

“Harassment/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:

1. 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
2. reasonably causes or would reasonably be expected to cause a student to fear for their physical safety; or
3. reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or
4. 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.

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

“Cyberbullying” means harassment/bullying, as defined above, through any form of electronic communication.

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
• sexual orientation
• gender (which includes a person’s actual or perceived sex, as well as gender identity and expression)

This is not an exhaustive list. For example, students with acne or short stature, who are subjected to discrimination, harassment, or bullying are also covered by the Dignity Act. Schools/districts may add to this list based on their own regional or specialized needs (for example, students of incarcerated parents).

Disciplinary and Remedial Consequences

Southwestern emphasizes the creation and maintenance of a positive learning environment for all students. Southwestern is committed to the development of measured, balanced, progressive, and age-appropriate responses to discrimination, harassment, and bullying of students by students and/or employees. The remedial responses should also be designed to correct the problem behavior, prevent another occurrence of the behavior, and protect the target of the act. Appropriate remedial measures may include, but are not limited to:

• peer support groups.
• assignment of an adult mentor at school that the student checks in with at the beginning and end of each school day.
• corrective instruction that reemphasizes behavioral expectations or other relevant learning or service experience.
• engagement of student in a reflective activity, such as writing an essay about the misbehavior and its impact on others and how the student might handle the situation differently in the future and/or make amends to those who have been harmed.
• supportive intervention and/or mediation where constructive conflict resolution is modeled.
• behavioral assessment or evaluation.
• behavioral management plans or behavior contracts, with benchmarks that are closely monitored.
• student counseling and parent conferences that focus on involving persons in parental relation in discipline issues.

Reporting Discrimination, Harassment and Bullying

School employees who witness harassment, bullying, and/or discrimination or receive an oral or written report of such acts shall promptly orally notify the principal, superintendent, or their designee not later than one 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 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 harassment, bullying and/or discrimination, and ensure that such investigation is completed promptly after receipt of any written reports.

When an investigation verifies a material incident of harassment, bullying, and/or discrimination, the superintendent, principal, or designee shall take prompt action, reasonably calculated to end the harassment, bullying, and/or discrimination, 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.

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 harassment, bullying, and/or discrimination.

Dignity Act Coordinators

 Elementary School
Mr. Michael Butler
(716) 664-1881 

Middle School
Mr. Greg Lauer
(716) 664-6270 

High School
Mr. Matt Kindberg
(716) 664-6273

The district is committed to safeguarding the rights given to all students under state and federal law. In addition, to promote a safe, healthy, orderly, and civil school environment, all district students have the right to:

1. Take part in all district activities on an equal basis regardless of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (which includes a person’s actual or perceived sex, as well as gender identity and expression).
2. Present their version of the relevant events to school personnel authorized to impose a disciplinary penalty in connection with the imposition of the penalty.
3. Access school rules and, when necessary, receive an explanation of those rules from school personnel.

B. Student Responsibilities

All district students have the responsibility to:

1.    Contribute to maintaining a safe and orderly school environment that is conducive to learning and to show respect to other persons and to property. This includes classroom instruction and remote instruction.

2.    Be familiar with and abide by all district policies, rules, and regulations dealing with student conduct.

3.    Attend school every day, including classroom instruction and remote instruction, unless they are legally excused and be in class, on time, and prepared to learn.

4.    Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.

5.    React to direction given by teachers, administrators, and other school personnel in a respectful, positive manner.

6.    Work to develop mechanisms to control their anger.

7.    Ask questions when they do not understand.

8.    Seek help in solving problems that might lead to discipline.

9.    Dress appropriately for school and school functions.

10.  Accept responsibility for their actions.

11.  Conduct themselves as representatives of the district when participating in or attending school-sponsored extracurricular events and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship.

12.  Report any information they may be aware of that indicates possible danger to the safety of the school, students, faculty, administration, or staff.