For purposes of this code, the following definitions apply:

“Cyberbullying” means harassment and/or bullying through any form of electronic communication that 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. 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, cell phones, gaming systems and social media, to deliberately harass or threaten others.

“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.

“Discrimination” means discrimination against any student by a student or students and/or employee or employees on school property, at a school function, or on social media 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 a student under the age of 21 whose choices in behavior negatively impacts classroom learning or substantially interferes with the teacher’s authority over the classroom.

“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 unreasonably and substantially interfere with a student’s education.

“Employee” means any person: (i) who is receiving compensation from a school or (ii) whose duties involve direct student contact and (a) who is receiving compensation from any person or entity that contracts with a school to provide transportation services to children, or (b) who is an employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title nine-B of article five of the social services law, and consistent with the provisions of such title for the provision of services to such school, its students or employees, directly or through contract.

“Gender” means actual or perceived sex and includes a person’s gender identity or expression.

“Harassment and bullying” means the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, 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 well-being; 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; or (d) 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” shall include verbal and non-verbal actions.

“Material incident of harassment, bullying and/or discrimination” means a single verified incident or a series of verified incidents where a student is subjected to harassment, bullying and/or discrimination by a student and/or employee on school property or at a school function. In addition, such term shall include a verified incident or series of related incidents of harassment or bullying that occur off school property, meets the definition “harassment and bullying” as defined above and is the subject of a written or oral complaint to the superintendent, principal, director or their designee, or other school employee. Such conduct shall include, but is not limited to threats, intimidation or abuse based on a person’s actual or perceived race, color, weight, national origin, ethic group, religion, religious practice, disability, sexual orientation, gender/gender identity or sex; provided that nothing in this definition shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction based on a person’s gender that would be permissible under Education Law sec. 3201-a or 2854(2)(a) and Title IX of the Education Amendments of 1972 (20 U.S.C. section 1681, et seq.), or to prohibit, as discrimination based on disability, actions that would be permissible under Section 504 of the Rehabilitation Act of 1973.

“National Origin” means a person’s country of birth or ancestor’s country of birth.

“Race” means any traits which are historically associated with race, including but not limited to hair texture and protective hairstyles (Education Law Section 11[9]).

“Protective hairstyles” include but are not limited to, hairstyles such as braids, locks, and twists (Education Law Section 11[10]).

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

“School Bus” means every motor vehicle owned and operated by a public or governmental agency or private school and operated for the transportation of pupils, children of pupils, teacher 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.

“School Function” means a school-sponsored extracurricular event or activity on or off school property.

“Sexual Orientation” means actual or perceived heterosexuality, homosexuality, or bisexuality.

“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 Vehicle and Traffic Law §142.

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

Commits an act of violence upon a school employee, or attempts to do so.
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.
Possesses, while on school property or at a school function, a weapon.
Displays, while on school property or at a school function, what appears to be a weapon.
Threatens, while on school property or at a school function, to use a weapon.
Knowingly and intentionally damages or destroys the personal property of any school employee or any person on school property or at a school function.
Knowingly and intentionally damages or destroys school district property.

“Weapon” means a firearm as defined in the Gun-Free Schools Act (18 U.S.C. §921). 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.

Canajoharie Central School District

Code of Conduct

Introduction

Definitions

Student Rights and Responsibilities

Essential Partners

Student Dress Code

Prohibited Student Conduct

Reporting Violations

Retaliation Prohibited

Disciplinary Consequences, Procedures, and Referrals

Consequences

Due Process

Minimum Periods of Suspension

Referrals

Student Searches and Interrogations

Visitors to the Schools

Public Conduct on School Property

Dissemination and Review

Review

MORE INFORMATION