Guidance

NEW YORK CITY DEPARTMENT OF EDUCATION HIGHLIGHTS OF CHANCELLOR’S REGULATION A-750 - Attachment No. 2 (page 1 of 2)

IF YOU HAVE REASONABLE CAUSE TO SUSPECT CHILD ABUSE OR MALTREATMENT:

Mandated Reporter must personally make the report by calling

the State Central Register (SCR) - 1(800) 635-1522

Immediately call it in to the SCR and obtain a “Call I.D.” number

The mandated reporter must identify the name, title and contact information of all school officials who have direct knowledge of the allegations.

Inform the Principal or Designee of the allegations and the “Call I.D.” number

After the oral report is made to the SCR, immediately notify the "Principal or Designee" of the allegations and of the "Call I.D." number obtained from the SCR.

Submit Written Report LDSS – 2221-A within 48 hours

Mandated reporter must prepare the LDSS 2221-A and email or mail the form to the Administration for Children’s Services (ACS) in the borough where the alleged subject lives.

The form must include name, title and contact information for all the school officials having direct knowledge of the allegations. Copies of the LDSS 2221-A form and the email addresses may be obtained on the NYC Department of Education web page.

 

Complete a Department of Education “OORS” report immediately

Principal or designee must enter the “Call I.D.” number obtained from the SCR and indicates the type of abuse that was reported on the “On-Line Occurrence Reporting System” (OORS).

Report to the Field Support Center (FSC) Director for Student Services

A copy of the LDSS 2221A must be submitted to the Field Support Center Director for Student Services.

Local Child Protective Services Investigation Process

ACS investigates all reports of suspected child abuse and maltreatment and offers a broad range of services to children and families when family circumstances threaten the well-being of children.

State Central Register Transmits Report to the Local ACS Application Section

ACS receives report from the SCR and immediately determines if the family is known to ACS. ACS enters this information on the report and immediately assigns it to a Field Unit for investigation. ACS is mandated to initiate an investigation of the allegation(s) within 24 hours of receiving report. The source of the report must be contacted.

 

 

Protective/Diagnostic Field Unit Supervisor

Reviews report and immediately assigns the case to a caseworker for investigation.

 

 

Protective/Diagnostic Caseworker

Discusses report with the Supervisor, initiates investigation, does a complete assessment and determines whether or not, based on the investigation, some credible evidence has been found to support the report. Based on assessment, a service plan is developed. ACS has up to 60 days to a make a determination.

 

Report Breach of Confidentiality to the DOE Office of Legal Services at (212) 374-6888 Obligation to Report Sexual Misconduct to the Special Commissioner of Investigation (212) 510-1400

Every employee has an affirmative obligation to immediately report to the Special Commissioner of Investigation any information concerning sexual abuse and/or misconduct involving students by Department of Education employees or others connected with school programs or services, whether on or off school premises. Where the alleged misconduct constitutes a crime, the principal/supervisor must notify the police. Chancellor’s Regulation A-750 is available NYC Department of Education web page.

Summary Guide for Mandated Reporters

What is Abuse and Maltreatment?

 

Abuse

Abuse encompasses the most serious injuries and/or risk of serious injuries to children by their caregivers. An abused child is one whose parent or other person legally responsible for his or her care inflicts serious physical injury upon the child, creates a substantial risk of serious physical injury, or commits a sex offense against the child. Abuse also includes situations where a parent or other person legally responsible knowingly allows someone else to inflict such harm on a child.

 

Maltreatment (Includes Neglect)

Maltreatment means that a child’s physical, mental or emotional condition has been impaired, or placed in imminent danger of impairment, by the failure of the child’s parent or other person legally responsible to exercise a minimum degree of care by:

* failing to provide sufficient food, clothing, shelter, education; or

* failing to provide proper supervision, guardianship, or medical care (refers to all medical issues, including dental, optometric, or surgical care); or

* inflicting excessive corporal punishment, abandoning the child, or misusing alcohol or other drugs to the extent that the child was placed in imminent danger.

Poverty or other financial inability to provide the above is not maltreatment.

 

Note: The definitions of abuse and maltreatment are different for children in residential facilities operated or licensed by the state.

 

Revised 2/8/2017

How Do I Recognize Child Abuse and Maltreatment?

The list that follows contains some common indicators of abuse or maltreatment. This list is not all-inclusive, and some abused or maltreated children may not show any of these symptoms.

 

Indicators of Physical Abuse can include:

* Injuries to the eyes or both sides of the head or body (accidental injuries typically only affect one side of the body);

* Frequent injuries of any kind (bruises, cuts, and/or burns), especially if the child is unable to provide an adequate explanation of the cause. These may appear in distinctive patterns such as grab marks, human bite marks, cigarette burns, or impressions of other instruments;

* Destructive, aggressive, or disruptive behavior;

* Passive, withdrawn, or emotionless behavior;

* Fear of going home or fear of parent(s).

 

Indicators of Sexual Abuse can Include:

* Symptoms of sexually transmitted diseases;

* Injury to genital area;

* Difficulty and/or pain when sitting or walking; Sexually suggestive, inappropriate, or promiscuous behavior or verbalization;

* Expressing age-inappropriate knowledge of sexual relations;

* Sexual victimization of other children.

 

Indicators of Maltreatment can Include:

* Obvious malnourishment, listlessness, or fatigue;

* Stealing or begging for food;

* Lack of personal care – poor personal hygiene, torn and/or dirty clothes;

* Untreated need for glasses, dental care, or other medical attention;

* Frequent absence from or tardiness to school;

* Child inappropriately left unattended or without supervision.

Regulation of the Chancellor Number: A-831 Subject: STUDENT-TO-STUDENT SEXUAL HARASSMENT

Regulation of the Chancellor
Number: A-831
Subject: STUDENT-TO-STUDENT SEXUAL HARASSMENT
Category: STUDENTS
Issued: October 7, 2021
SUMMARY OF CHANGES
This regulation supersedes and replaces Chancellor’s Regulation A-831 dated October 23, 2019.
This regulation establishes a procedure for the filing, investigation, and resolution of complaints
of student-to-student sexual harassment.
Changes:
• Clarifies that the Sexual Harassment Prevention (SHP) liaison serves as a resource on the
topics covered in this regulation. (Abstract)
• Adds that student-to-student sexual harassment is prohibited during online learning.
(Abstract, Section I.B)
• Revises the definition of student-to-student sexual harassment. (Section I.A)
• Adds texting, apps, chat rooms, and gaming systems to the list of examples of modes of
communicating harassment electronically. (Section I.E)
• Adds a provision regarding employees who fail to make a report as set forth under Section
II.C. (Section II.D)
• Adds that the Title IX Coordinator may receive reports of alleged student-to-student sexual
harassment. (Section II.E)
• Removes “in the investigative file.” (Section II.J)
• Adds information to Section II.L about the principal/designee advising the parent(s) of the
parties of the allegations whenever a report is received. (Section II.L)
• Adds a reference to Chancellor’s Regulation A-412, and replaces “Borough/Citywide Office
Director of Student Services” with “Borough Safety Director.” (Section II.M)
• Changes “obtain” to “ask them to prepare” witness statements. (Section III.A.5)
• Clarifies that referrals to the school social worker, guidance counselor, psychologist, or other
appropriate school staff are examples of “guidance interventions.” (Section IV.B)
• Adds information on situations where the school staff believe that follow-up action to an
incident warrants revision of the student’s Individualized Education Program (IEP) or Section
504 Plan. (Section IV.D)
• Clarifies that “conspicuously posting” the Sexual Harassment poster prepared by the Office
of Safety and Youth Development (OSYD) means “in locations deemed highly visible to
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students, parents, and staff,” and adds that schools should make every effort to post this
information as early as possible in the school year. (Section V.A)
• Adds that each school must annually distribute the written materials prepared by OSYD, and
that these materials include information on whom parents may contact outside the school
for additional support. (Section V.B)
• Adds that each principal/designee should make every effort to provide student and parents
the name and contact information of the SHP liaison as early as possible in the school year.
(Section V.C)
• Clarifies that at least one (1) SHP liaison completes the SHP mandated training developed by
OSYD. (Section V.F)
• Reorders and updates the information each principal must submit in its annual Consolidated
School and Youth Development Plan. (Section VI)
• Adds “including providing supports and interventions” to Section VII on confidentiality.
• Throughout, adds hyperlinks to referenced Chancellor’s Regulations.
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Regulation of the Chancellor
Number: A-831
Subject: STUDENT-TO-STUDENT SEXUAL HARASSMENT
Category: STUDENTS
Issued: October 7, 2021
ABSTRACT
It is the policy of the New York City Department of Education
(DOE) to maintain a safe and supportive learning and
educational environment that is free from sexual harassment
committed by students against other students. Such
harassment is prohibited in school, during school hours, during
online learning, before or after school, while on school
property, at school-sponsored events, or while traveling on
vehicles funded by the DOE or off school property when such
behavior disrupts or would foreseeably disrupt the educational
process or endangers or would foreseeably endanger the
health, safety, morals, or welfare of the school community. This
regulation requires the designation of a Sexual Harassment
Prevention liaison, as defined below, trained on this regulation
and who may receive reports of student-to-student sexual
harassment, and who serves as a resource on the topics
covered in this regulation. This regulation sets forth reporting,
investigative, notification, and follow-up procedures for
student-to-student sexual harassment. Students who have
engaged in behavior which violates this regulation will receive
interventions, supports, and disciplinary responses, as
appropriate consistent with the Citywide Behavioral
Expectations to Support Student Learning (Discipline Code) and
Chancellor’s Regulation A-443. Victims and witnesses will
receive interventions and supports as appropriate. For
complaints of student-to-student discrimination (including
discrimination based on gender, gender identity, gender
expression, and sexual orientation), harassment, intimidation
and/or bullying, please refer to Chancellor’s Regulation A-832.
I. POLICY
A. It is the policy of the DOE to maintain a safe and supportive learning and educational
environment that is free from sexual harassment committed by students against other
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students. It is a violation of this regulation for a student to harass another student
through unwelcome conduct or communication of a sexual nature which is sufficiently
severe, pervasive, or persistent as to either:
(1) create a hostile, offensive, or intimidating school environment for another
student by conduct that:
a. has or would have the effect of unreasonably and substantially
interfering with a student’s educational performance,
opportunities, or ability to participate in or benefit from an
educational program (e.g., the student is not regularly attending
classes; the student’s academic performance or performance in
class has changed), school-sponsored activity or any other aspect of
a student’s education (e.g., the student is no longer regularly
attending extracurricular activities or level of participation is
changed); or
b. has or would have the effect of unreasonably and substantially
interfering with a student’s mental, emotional, or physical wellbeing (e.g., the student’s behavior in school is impacted; the student
is withdrawn or isolating themselves; the student appears to be
anxious, depressed, or distracted); or
c. reasonably causes or would reasonably be expected to cause a
student to fear for their physical safety (e.g., the student and/or
other students or staff have expressed concerns about the student’s
safety); or
d. reasonably causes or would reasonably be expected to cause
physical injury or emotional harm to a student.
OR
(2) otherwise adversely affects a student’s educational opportunities.
B. Student-to-student sexual harassment is prohibited in school, during school hours,
during online learning, before or after school, while on school property, at school sponsored events, or while traveling on vehicles funded by the DOE or off school
property when it disrupts or would foreseeably disrupt the educational process or
endangers or would foreseeably endanger the health, safety, morals, or welfare of the
school community.
C. It is the policy of the DOE to prohibit retaliation against any student, parent, or DOE
employee who in good faith reports or participates in an investigation of allegations
of student-to-student sexual harassment. Any adverse act against individuals due to
their participation in such protected activity is considered retaliatory. Allegations of
retaliation will be investigated and subject to appropriate disciplinary action if
substantiated. The term “parent” whenever used in this regulation, means the
student’s parent(s) or guardian(s), or any person(s) in a parental or custodial
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relationship to the student, or the student, if the student is an emancipated minor or
has reached 18 years of age.
D. Student-to-student sexual harassment is unwelcome conduct and/or communication
of a sexual nature by a student directed against another student. Such behavior can
constitute sexual harassment regardless of the gender, sexual orientation, gender
identity, or gender expression of any of the students involved. Sexual harassment may
be a single incident or a series of related incidents.
E. Student-to-student sexual harassment may take many forms. It may be verbal,
nonverbal, physical, written, or electronically communicated. Electronically
communicated harassment includes communications via technology including, but
not limited to: internet; cell phone; email; personal digital assistant; texting; apps;
wireless handheld device; social media; chat rooms; gaming systems; and blogs.
F. Examples of student-to-student sexual harassment include but are not limited to:
• pressure or requests for sexual activity or favors;
• engaging in sexually violent or coercive behavior (e.g., assault, rape) or forcing a
person to perform a sexual act;
• engaging in physical conduct of a sexual nature such as touching an individual’s
body or clothes, patting, kissing, pinching, grabbing, or brushing up against
another person;
• making sexual comments, innuendoes, remarks, insults, threats, teasing and/or
jokes or asking unwelcome questions of a sexual nature;
• making graphic, verbal, or written comments about an individual’s body;
• making obscene gestures;
• stalking another person, including through the use of technology;
• leering, sexual flirtations, or propositions;
• spreading lies or rumors of a sexual nature;
• recording, posting, displaying, and/or distributing, without permission, sexually
oriented or suggestive images, videos, audio recordings, pictures, or drawings;
and
• threatening or engaging in physical, sexual, verbal and/or emotional abuse to
harm, intimidate or control a current or former or potential dating partner (dating
abuse).
II. REPORTING PROCEDURES
A. “Report” as used in this regulation means a report of alleged student-to-student
sexual harassment reported by the alleged victim or others (e.g., staff, parents,
other students).
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B. Each principal must designate at least one (1) staff member to serve as a Sexual
Harassment Prevention (SHP) liaison to whom reports of student-to-student sexual
harassment can be made and who serves as a resource for students and staff. The
SHP liaison must be a licensed administrator, supervisor, teacher, guidance
counselor, school psychologist, or social worker who works at the school full-time.
1. At all times, there must be an SHP liaison in the school who has received the
training set forth in Section V.D. In the event an SHP liaison vacates their
appointment, the principal must ensure that an SHP liaison has been
appointed and received such training within 30 days. In the interim, the
principal must immediately designate an interim SHP liaison.
2. In the event an SHP liaison is temporarily unable to perform their duties in the
school for an extended period of time, the principal must designate another
person to serve on an interim basis until the SHP liaison returns.
C. Any staff member who witnesses student-to-student sexual harassment or who has
knowledge or information or receives notice that a student may have been the
victim of sexual harassment by another student is required to promptly verbally
report the alleged act to the SHP liaison or to the principal/designee within one (1)
school day and submit the Complaint/Reporting form (available at https://cdn-blobprd.azureedge.net/prd-pws/docs/default-source/default-document-library/a-831-
reporting-form.pdf?sfvrsn=43ca449) describing the incident to the SHP liaison or to
the principal/designee no later than two (2) school days after making the verbal
report. The principal/designee must ensure that hard copies of the reporting forms
are readily available.
D. An employee who fails to make a report as set forth above in Section II.C may be
subject to discipline, which may include termination, mandatory training, and/or
other appropriate follow up action.
E. Students, parents, and individuals other than staff may report allegations of student
to-student sexual harassment verbally or in writing, including by submitting the
Complaint/Reporting Form (available at https://www.schools.nyc.gov/docs
/default-source/default-document-library/student-complaint-reporting-form), to
the principal/designee, SHP liaison, or any other school staff member, notifying the
Title IX Coordinator (by phone, email, or in person via the information listed in
Section IX below), or via the online portal (available at https://www.nycenet.edu
/bullyingreporting).
F. Students who believe they have been the victim of sexual harassment by another
student or who witness or have information of such incidents should immediately
report the incident.
G. If a student or parent has concerns about making a report to the school, the
student/parent may contact the Office of Safety and Youth Development (OSYD) by
e-mailing the report to RespectForAll@schools.nyc.gov. Examples of circumstances
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where this might be appropriate include: if the student/parent is not sure the
behavior is covered by the regulation; if the student/parent previously made a
report and the behavior has continued; or if the student/parent is concerned about
coming forward. In such circumstances, OSYD will determine the appropriate
follow-up action consistent with this regulation.
H. Students, parents, and individuals other than staff may make an anonymous report,
and such reports will be investigated and addressed pursuant to the procedures set
forth in this regulation to the extent possible in light of the information provided by
the anonymous reporter.
I. The SHP liaison must immediately notify the principal/designee of any report
received.
J. The principal/designee must ensure that all written reports (e.g., emails, reports
made using the Complaint/Reporting Forms) are maintained at the school.
K. The principal/designee must enter all reports into the Online Occurrence Reporting
System (OORS) within one (1) school day of receipt of the report and promptly
investigate as set forth in Section III.
L. The principal/designee must advise the parent(s) of the alleged victim and the
accused student of the allegations whenever a report is received, and should advise
them that the incident will be investigated and of the availability of appropriate
supports and interventions. Upon request, copies of this regulation and related
resources (available at https://www.schools.nyc.gov/school-life/policies-forall/respect-for-all/respect-for-all-handouts) should be made available to parents
electronically or in hard copy if parents do not have access to the electronic version.
Such notifications must be made immediately but no later than two (2) school days
following receipt of the report by the principal/designee. If the alleged victim
informs the principal/designee of safety concerns in regard to such notification, the
principal/designee shall decide whether to inform the alleged victim’s parent(s)
following consideration of privacy and safety concerns. The principal/designee may
consult with their Senior Field Counsel, and with the Title IX Coordinator or Title IX
Liaison, in making this decision.
M. Where the principal/designee believes that the alleged conduct constitutes criminal
activity, they must contact the police (see Chancellor’s Regulation A-412,
https://www.schools.nyc.gov/docs/default-source/default-document-library/a412-security-in-the-schools-english). The principal/designee may consult with the
Senior Field Counsel and/or the Borough Safety Director.
N. If the report cannot be investigated at the school level due to the nature and
seriousness of the allegation(s), the principal/designee must consult with the DOE’s
Title IX Coordinator.
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III. INVESTIGATION
A. All reports must be investigated. All parties and all witnesses must be interviewed
separately, any investigative notes must be maintained, and the date of each
interview must be documented. The principal/designee must take the specific
investigative steps set forth below as soon as practicable, but no later than five (5)
school days after receipt of the report:
1. interview the alleged victim;
2. ask the alleged victim to prepare a written statement which includes as much
detail as possible, including a description of the behavior, when and where it
took place and who may have witnessed it;
3. interview the accused student, and advise them that if the conduct has
occurred, it must cease immediately;
4. ask the accused student to prepare a written statement;
5. interview any witnesses and ask them to prepare their written statements;
and
6. obtain any relevant evidence (e.g., image(s) or video surveillance or audio
recordings, where applicable). The principal/designee should refer to the DOE
guidance on how to deal with inappropriate cyber-content, and should consult
with the Borough Safety Director and Senior Field Counsel, if necessary.
B. At the conclusion of the investigation, the principal/designee must review all the
evidence and determine whether the allegations are substantiated by a
preponderance of the evidence (i.e., whether based upon a review of all of the
evidence, including the quality of the evidence and the credibility of the parties and
witnesses, it is more likely than not that the alleged conduct occurred).
C. If the allegations are substantiated, the principal/designee must also determine
whether the conduct violates this regulation. In making this determination, the
principal/designee must evaluate the totality of the circumstances surrounding the
conduct. The principal/designee should consider a number of factors, which may
include but are not limited to:
• the ages of the parties involved;
• the nature, severity and scope of the behavior;
• whether the conduct is sexual in nature;
• whether the conduct is offensive;
• whether the conduct is unwelcome;
• the frequency and duration of the behavior;
• the number of persons involved in the behavior;
• the context in which the conduct occurred;
• where the conduct occurred;
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• whether there have been other incidents in the school involving the same
students;
• whether the conduct adversely affected the victim’s education, including
attendance, academic performance, or participation in extracurricular activities;
• whether the conduct has affected the victim’s behavior or social interactions in
school;
• whether concerns have been expressed about the victim’s safety; and
• whether the victim’s mental, emotional, or physical well-being have been
impacted.
D. At the conclusion of the investigation, the principal/designee must enter the
following information into OORS: the investigative findings; a determination of
whether the allegations have been substantiated; and a determination of whether
the conduct constitutes a violation of this regulation. This information must be
entered into OORS within ten (10) school days of receipt of the report of alleged
student-to-student sexual harassment, absent extenuating circumstances. A copy of
the OORS report must be made available to the Title IX Coordinator and the
Borough/Citywide Office, Director of Student Services.
E. The principal/designee must advise the parent(s) of the alleged victim and the
parent(s) of the accused student in writing whether any allegations are substantiated
and whether the conduct constitutes a violation of this regulation. If any of the
allegations are substantiated, this notice must also advise the parents to contact the
school to discuss the incident and any follow-up action and the availability of
interventions and supports for their child, where applicable. Parents must be advised
within ten (10) school days of receipt of the report, absent extenuating
circumstances. If a decision was made not to notify the parents of the alleged victim
as set forth in Section II.K, such parents shall also not be advised of the information
set forth in this paragraph.
F. The information set forth in Section III.E shall be provided in accordance with state
and federal laws protecting the confidentiality of student record information
Therefore, the parents of the alleged victim may only be notified of any follow-up
action, interventions or supports that pertain to the alleged victim and the parents
of the accused student may only be notified of any follow-up action, interventions or
supports that pertain to the accused student.
G. If at any time before or during the course of the investigation, the principal/designee
determines that interventions and supports are appropriate before the final
outcome of an investigation to ensure the safety or the well-being of a student
(including the victim, the accused student and any witnesses), the student’s parent
must be notified, and appropriate interventions and supports should be
documented, implemented, and monitored, and modified where appropriate, as set
forth in Section IV.B.
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IV. FOLLOW-UP ACTION
A. The principal/designee must take immediate steps and appropriate follow-up action
to ensure that the conduct has stopped.
B. Once the investigation is completed and a determination is made, as set forth in
Section III, interventions and supports must be provided to the victim and the
accused student, and witnesses, where appropriate. Such interventions and
supports must be assessed on a case-by-case basis and must be monitored and
modified, as appropriate. Interventions and supports include but are not limited to
the following:
• Referral to in-school or out-of-school medical services;
• Guidance interventions (e.g., referral to the school social worker, guidance
counselor, psychologist, or other appropriate school staff), or referral to
community-based agencies for counseling, support, and/or education or
mental health services;
• Academic supports and adjustments (e.g., change in classes, lunch/recess, or
after-school program schedules); and
• Development of an individual support plan(an individual support plan must be
developed and implemented for a student who has been the victim of two or
more substantiated violations of this regulation in the same school year and/or
for a student who has been found to have violated this regulation two or more
times in the same school year).
Additional information about supports and interventions can be found in the
Discipline Code. Neither mediation nor conflict resolution is under any
circumstances an appropriate intervention for any conduct that violates this
regulation. (Also see Chancellor’s Regulations A-101 (https://www.schools.nyc.gov/
docs/default-source/default-document-library/a101-admissions-readmissionstransfers-english) and A-449 (https://www.schools.nyc.gov/docs/default-source
/default-document-library/a-449-safety-transfers) which set forth the policies and
procedures for obtaining a transfer if a transfer may be appropriate).
C. When one student uses a pattern of threatened or actual physical, sexual, and/or
emotional abuse to control a dating partner or in cases of sexual violence, the school
should refer the victim and the accused student to separate appropriate school or
community-based agencies for counseling, support, and education.
D. If school staff believe that follow-up action to an incident warrants revision of the
student’s Individualized Education Program (IEP) or Section 504 Plan, they should
follow the appropriate procedures as outlined in Chancellor’s Regulation A-710
(https://www.schools.nyc.gov/docs/default-source/default-document-library/a710) and the Special Education Standard Operating Procedures Manual (SOPM,
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https://infohub.nyced.org/docs/default-source/default-documentlibrary/specialeducationstandardoperatingproceduresmanualmarch.pdf?sfvrsn=4c
db05a0_2).
E. Students who have been found to have violated this regulation will be subject to
appropriate disciplinary responses in accordance with the Discipline Code and the
procedures and requirements set forth in Chancellor’s Regulation A-443
(https://www.schools.nyc.gov/docs/default-source/default-document-library/a443-3-5-04-english).
F. The principal/designee must enter all interventions and supports offered to the
parties and witnesses and all disciplinary responses taken with respect to the
student(s) found to have engaged in the prohibited conduct into the Suspensions
and Office of Hearings Online system (SOHO) through OORS.
V. PREVENTION, NOTIFICATION and TRAINING
A. Each school must conspicuously post (in locations deemed highly visible to students,
parents, and staff) the Sexual Harassment poster prepared by OSYD (available at
https://www.schools.nyc.gov/school-life/policies-for-all/respect-for-all/respect-forall-handouts) explaining the DOE’s policy with respect to student-to-student sexual
harassment in a place accessible to students, parents, and staff. This notice must
contain the name of the SHP liaison designated to receive reports of sexual
harassment and must indicate where in the school copies of this regulation may be
obtained and how to file a report. Schools should make every effort to post this
information as early as possible in the school year.
B. Each school must annually distribute or make electronically available to all school
staff, parents, and students the written materials prepared by OSYD highlighting the
procedures and policies set forth in this regulation, including the procedures for how
to make a report, and whom parents may contact outside the school for additional
support (available at https://www.schools.nyc.gov/school-life/policies-forall/respect-for-all/respect-for-all-handouts). Schools must also make this
information available to parents/students enrolling in the school during the school
year.
C. Each principal/designee must ensure that the name and contact information of the
SHP liaison are included on the school’s website and shared with students and
parents at least once per year, including but not limited to through electronic
communication or sending such information home with students. Schools should
make every effort to provide this information as early as possible in the school year.
D. Each principal/designee must ensure that students and staff (including noninstructional staff) have been provided with information and training developed by
OSYD on the policy and procedures set forth in this regulation by October 31 of each
school year.
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E. Each principal must receive training developed by OSYD on identifying and
preventing sexual harassment (including sexual violence), anti-discrimination policies
and laws, grievance procedures, and resources implementing this regulation
available to the parties involved by October 31 of each school year. Each principal
must ensure that the individual(s) designated to conduct the investigation described
in Section III also receives such training by October 31 of each school year.
F. Each principal must ensure that, in addition to the school training set forth in Section
V.D, at least one (1) SHP liaison completes the SHP mandated training developed by
OSYD.
G. A copy of this regulation must be made available to parents, school staff, and
students upon request.
VI. CONSOLIDATED SCHOOL AND YOUTH DEVELOPMENT PLAN
Each principal must submit the following information, and any additional information as
determined by the DOE, in its annual Consolidated School and Youth Development Plan
by October 31 of each school year:
A. The name(s) of the SHP liaison(s). This information must be updated as appropriate;
B. Certification that at least one (1) SHP liaison has or will receive the training set forth
in Section V.F;
C. Certification that students have been provided with information and training on the
policy and procedures in this regulation set forth in Section V.D;
D. Certification that staff members, including non-instructional staff, have been provided
with the information and training set forth in Section V.D;
E. Confirmation that the agenda, signed attendance rosters and a copy of all training
materials to document the annual staff training required by Section V.D are on file at
the school;
F. Certification that the principal and any staff who conducts investigations under this
regulation has completed the training set forth in Section V.E; and
G. A plan for preventing and addressing sexual harassment.
VII. CONFIDENTIALITY
It is the policy of the DOE to respect the privacy of all parties and witnesses to reports
made under this regulation. However, the need for confidentiality must be balanced
against the obligation to cooperate with police investigations, to provide due process,
and/or to take necessary action to investigate or resolve the report, including providing
supports and interventions. Therefore, information regarding the report may be disclosed
in appropriate circumstances or as required by law or where necessary to protect a
student whose safety or well-being is at risk.
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VIII. ALTERNATE REPORTING PROCEDURE
These internal procedures do not deny the right of any individual to pursue other avenues
of recourse, which may include filing charges with an external agency such as:
Office for Civil Rights
New York Office
32 Old Slip, 26th Floor
New York, NY 10005-2500
Telephone: (646) 428-3800
Facsimile: (646) 428-3843
Email: OCR.NewYork@ed.gov
http://www.ed.gov/ocr

IX. INQUIRIES
Inquiries pertaining to this regulation should be addressed to:
Office of School and Youth Development
NYC Department of Education
52 Chambers Street – Room 218
New York, NY 10007
Telephone: (212) 374-6807
Facsimile: (212) 374-5751
Email: RespectForAll@schools.nyc.gov
Title IX Coordinator
65 Court Street, Room 200
Brooklyn, NY 11201
Email: Title_IX_Inquiries@schools.nyc.gov
Telephone: (718) 935-4987

Regulation of the Chancellor Number: A-832 Subject: STUDENT-TO-STUDENT DISCRIMINATION, HARASSMENT, INTIMIDATION AND/OR BULLYING

Regulation of the Chancellor
Number: A-832
Subject: STUDENT-TO-STUDENT DISCRIMINATION, HARASSMENT, INTIMIDATION AND/OR BULLYING
Category: STUDENTS
Issued: October 7, 2021
SUMMARY OF CHANGES
This regulation supersedes and replaces Chancellor’s Regulation A-832, dated October 23, 2019. This
regulation establishes a procedure for the filing, investigation, and resolution of complaints of
student-to-student discrimination, harassment, intimidation, and/or bullying.
Changes
• Adds that student-to-student discrimination, harassment, intimidation, and/or bullying are
prohibited during online learning. (Abstract, Section I.A)
• Adds a reference to Chancellor’s Regulation A-830, Definitions section, for definitions of conduct
prohibited under Chancellor’s Regulation A-832, which replaces former Attachment No. 1. (Section
I.D)
• Adds examples to the definition of harassment and bullying. (Section I.E)
• Adds texting and apps to the list of examples of modes of communicating electronically. (Section
I.F.1)
• Adds a provision regarding employees who fail to make a report as set forth under Section II.C.
(Section II.D)
• Adds that the Title IX Coordinator may receive reports of alleged student-to-student gender-based
conduct. (Section II.E)
• Removes “in the investigative file.” (Section II.J)
• Adds information to Section II.L about the principal/designee advising the parent(s) of the parties of
the allegations whenever a report is received. (Section II.L)
• Adds a reference to Chancellor’s Regulation A-412, and replaces “Borough/Citywide Office Director
of Student Services” with “Borough Safety Director.” (Section II.M)
• Changes “obtain” to “ask them to prepare” witness statements. (Section III.A.5)
• Adds that a copy of the OORS report must be made available to the Borough/Citywide Office, Director
of Student Services, and to the Title IX Coordinator for gender-based conduct. (Section III.E)
• Adds referral to in-school or out-of-school medical services as an example of an intervention nor
support, and clarifies that referrals to the school social worker, guidance counselor, psychologist, or
other appropriate school staff are examples of “guidance interventions.” (Section IV.B)
• Adds information on situations where the school staff believe that follow-up action to an incident
warrants revision of the student’s Individualized Education Program (IEP) or Section 504 Plan.
(Section IV.C)
• Clarifies that “conspicuously posting” the Respect for All poster prepared by the Office of Safety and
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Youth Development (OSYD) means “in locations deemed highly visible to students, parents, and
staff,” and adds that schools should make every effort to post this information as early as possible in
the school year. (Section V.A)
• Adds that each school must annually distribute the written materials prepared by OSYD, and that
these materials include information on whom parents may contact outside the school for additional
support. (Section V.B)
• Adds that each principal/designee should make every effort to provide student and parents the name
and contact information of the RFA liaison as early as possible in the school year. (Section V.C)
• Updates the information each principal must submit in its annual Consolidated School and Youth
Development Plan. (Section VI)
• Adds “including providing supports and interventions” to Section VII on confidentiality.
• Adds “Alternate Reporting Procedure” as Section VIII.
• Throughout, adds hyperlinks to referenced Chancellor’s Regulations.
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Regulation of the Chancellor
Number: A-832
Subject: STUDENT-TO-STUDENT DISCRIMINATION, HARASSMENT, INTIMIDATION AND/OR
BULLYING
Category: STUDENTS
Issued: October 7, 2021
ABSTRACT
It is the policy of the New York City Department of Education (“DOE”)
to maintain a safe and supportive learning and educational
environment that is free from harassment, intimidation and/or
bullying committed by students against other students and
discrimination by students against other students on account of actual
or perceived race, color, creed, ethnicity, national origin,
citizenship/immigration status, religion, gender, gender identity,
gender expression, sexual orientation, disability, or weight. Such
discrimination, harassment, intimidation and/or bullying is prohibited
and will not be tolerated in school, during school hours, during online
learning, before or after school, while on school property, at schoolsponsored events, while traveling in vehicles funded by the DOE or off
school property when such behavior disrupts or would foreseeably
disrupt the educational process or endangers or would foreseeably
endanger the health, safety, morals, or welfare of the school
community. This regulation sets forth reporting, investigative,
notification, and follow-up procedures for student-to-student
discrimination, harassment, intimidation and/or bullying. Students
who have engaged in behavior which violates this regulation will
receive interventions, supports, and disciplinary responses, as
appropriate, consistent with the Citywide Behavioral Expectations to
Support Student Learning (“Discipline Code”) and Chancellor’s
Regulation A-443. Victims and witnesses will receive interventions and
supports as appropriate. For complaints of peer sexual harassment,
please refer to Chancellor’s Regulation A-831.
I. POLICY
A. It is the policy of the DOE to maintain a safe and supportive learning and educational
environment that is free from discrimination, harassment, intimidation and/or
bullying committed by students against other students. Discrimination, harassment,
intimidation, and/or bullying are prohibited in school, while on school property,
during school hours, during online learning, before or after school, at school-
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sponsored events, or while traveling in vehicles funded by the DOE. Such behavior is
also prohibited off school property when it disrupts or would foreseeably disrupt the
educational process or endangers or would foreseeably endanger the health, safety,
morals, or welfare of the school community.
B. It is the policy of the DOE to prohibit retaliation against any student, parent, or DOE
employee who in good faith reports or participates in an investigation of allegations
of student-to-student discrimination, harassment, intimidation and/or bullying. Any
adverse act against individuals due to their participation in such protected activity is
considered retaliatory. Allegations of retaliation will be investigated and subject to
appropriate disciplinary action if substantiated. The term “parent,” whenever used in
this regulation, means the student’s parent(s) or guardian(s), or any person(s) in a
parental or custodial relationship to the student, or the student, if the student is an
emancipated minor or has reached 18 years of age.
C. It is a violation of this regulation for any student to harass, intimidate or bully another
student.
D. It is a violation of this regulation for any student to discriminate against another
student on account of actual or perceived race, color, creed, ethnicity, national origin,
citizenship/immigration status, religion, gender, gender identity, gender expression,
sexual orientation, disability, or weight. See Chancellor’s Regulation A-830
(Definitions section, https://www.schools.nyc.gov/docs/default-source/defaultdocument-library/a-830) for definitions of conduct prohibited by this Regulation.
E. Harassment and bullying are the creation of a hostile school environment for another
student by conduct or by threats, intimidation, or abuse, including cyberbullying, that
either:
1. have or would have the effect of unreasonably and substantially interfering with
a student’s educational performance, opportunities, or ability to participate in or
benefit from an educational program (e.g., the student is not regularly attending
classes; the student’s academic performance or performance in class has
changed), school- sponsored activity or any other aspect of a student’s education
(e.g., the student is no longer regularly attending extracurricular activities or level
of participation is changed); or
2. have or would have the effect of unreasonably and substantially interfering with
a student’s mental, emotional, or physical well-being (e.g., the student’s behavior
in school is impacted; the student is withdrawn or isolating themselves; the
student appears to be anxious, depressed, or distracted); or
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3. reasonably cause or would reasonably be expected to cause a student to fear for
their physical safety (e.g., the student and/or other students or staff have
expressed concerns about the student’s safety); or
4. reasonably cause or would reasonably be expected to cause physical injury or
emotional harm to a student.
Acts of student-to-student harassment and bullying include but are not limited to
harassment, intimidation and/or bullying on account of actual or perceived race,
color, creed, ethnicity, national origin, citizenship/immigration status, religion,
gender, gender identity, gender expression, sexual orientation, disability, or weight.
F. Student-to-student discrimination, harassment, intimidation and/or bullying may
take many forms and can be physical, non-verbal, verbal, or written. It may be a single
incident or a series of related incidents.
1. Electronically communicated discrimination, harassment, intimidation and/or
bullying means communications via technology including, but not limited to:
internet; cell phone; email; personal digital assistant; wireless handheld device;
social media; blogs; texting; apps; chat rooms; and gaming systems.
2. Acts of student-to-student discrimination, harassment, intimidation and/or
bullying may include but are not limited to:
• physical violence;
• stalking;
• threats, taunts, teasing;
• aggressive or menacing gestures;
• exclusion from peer groups designed to humiliate or isolate;
• using derogatory language;
• making derogatory jokes, name calling, or slurs, including statements based
on a student’s actual or perceived race, color, creed, ethnicity, national origin,
citizenship/immigration status, religion, gender, gender identity, gender
expression, sexual orientation, disability or weight;
• written or graphic material, including graffiti, photographs, drawings, or
videos, containing comments or stereotypesthat are derogatory of others that
are electronically circulated or are written or printed;
• verbal or physical conduct that threatens another with harm;
• hazing; and
• deliberately using a name, mispronouncing a name or using a pronoun in a
manner that discriminates, harasses, bullies, or intimidates based on a
student’s actual or perceived race, color, creed, ethnicity, national origin,
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citizenship/immigration status, religion, gender, gender identity, gender
expression, sexual orientation, disability or weight.
II. REPORTING PROCEDURES
A. “Report” as used in this regulation means a report of alleged student-to-student
discrimination, harassment, intimidation and/or bullying reported by the alleged
victim or others (e.g., staff, parents, other students).
B. Each principal must designate at least one (1) staff member to serve as a Respect
for All liaison (“RFA liaison”) to whom reports may be made and who serves as a
resource for students and staff. The RFA liaison must be a licensed administrator,
supervisor, teacher, guidance counselor, school psychologist, or social worker who
works at the school full-time.
1. At all times, there must be at least one (1) RFA liaison in the school who has
received the training set forth in Section V.E-F. In the event an RFA liaison
vacates their appointment, the principal must ensure that an RFA liaison has
been appointed and received such training within thirty (30) days. In the
interim, the principal must immediately designate an interim RFA liaison.
2. In the event an RFA liaison is temporarily unable to perform their duties in the
school for an extended period of time, and there is no other RFA liaison, the
principal must designate another person to serve on an interim basis until the
RFA liaison returns.
C. Any staff member who witnesses student-to-student discrimination, harassment,
intimidation and/or bullying or who has knowledge or information or receives
notice that a student may have been the victim of such behavior by another student
is required to promptly verbally report the alleged act to the RFA liaison(s) or to the
principal/designee within one (1) school day and submit the Complaint Reporting
Form (available at https://cdn-blob-prd.azureedge.net/prd-pws/docs/defaultsource/default-document-library/a-832-reporting-form.pdf?sfvrsn=43ca4491_6)
describing the incident to the RFA liaison or the principal/designee no later than two
(2) school days after making the verbal report. The principal/designee must ensure
that hard copies of the Complaint Reporting Forms (available at https://cdn-blobprd.azureedge.net/prd-pws/docs/default-source/default-document-library/a-832-
reporting-form.pdf?sfvrsn=43ca4491_6) are readily available.
D. An employee who fails to make a report as set forth above in Section II.C may be
subject to discipline, which may include termination, mandatory training, and/or
other appropriate follow up action.
E. Students, parents, and individuals other than staff may report allegations of
student-to-student discrimination, harassment, intimidation and/or bullying
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verbally or in writing, including by submitting the Complaint Reporting Form
(available at https://www.schools.nyc.gov/docs/default-source/default-documentlibrary/student-complaint-reporting-form) to the principal/designee, RFA liaison, or
any other school staff member, for gender-based conduct notifying the Title IX
Coordinator (by phone, email, or in person via the information listed in Section IX
below), or via the online portal (available at https://www.nycenet.edu
/bullyingreporting).
F. Students who believe that they have been the victim of discrimination, harassment,
intimidation and/or bullying by another student or who witness or have information
of such incidents should immediately report such incidents.
G. If a student or parent has concerns about making a report to the school, the
student/parent may contact the Office of Safety and Youth Development (“OSYD”)
by e-mailing the report to RespectforAll@schools.nyc.gov. Examples of
circumstances where this might be appropriate include: if the student/parent is not
sure the behavior is covered by the regulation; if the student/parent previously
made a report and the behavior has continued; or if the student/parent is concerned
about coming forward. In such circumstances, OSYD will determine the appropriate
follow-up action consistent with this regulation.
H. Students, parents and individuals other than staff may make an anonymous report,
and such reports will be investigated and addressed pursuant to the procedures set
forth in this regulation to the extent possible in light of the information provided by
the anonymous reporter.
I. The RFA liaison must immediately notify the principal/designee of any reports they
receive.
J. The principal/designee must ensure that all written reports (e.g., emails, reports
made using the Complaint/Reporting Forms) are maintained at the school.
K. The principal/designee must enter all reports into the DOE’s Online Occurrence
Reporting System (“OORS”) within one (1) school day of receipt of the report and
promptly investigate as set forth in Section III.
L. The principal/designee must advise the parent(s) of the alleged victim and the
accused student of the allegations whenever a report is received, and should advise
them that the incident will be investigated and of the availability of appropriate
supports and interventions. Upon request, copies of this regulation and related
resources (available at https://www.schools.nyc.gov/school-life/policies-forall/respect-for-all/respect-for-all-handouts) should be made available to parents
electronically or in hard copy if parents do not have access to the electronic version.
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Such notification must be made immediately but no later than two (2) school days
following receipt of the report by the principal/designee. If the alleged victim
informs the principal/designee of safety concerns in regard to such notification, the
principal/designee shall decide whether to inform the alleged victim’s parent(s)
following consideration of privacy and safety concerns. The principal/designee may
consult with their Senior Field Counsel, and with the Title IX Coordinator or Title IX
Liaison for gender-based conduct, in making this decision.
M. Where the principal/designee believes that the alleged conduct constitutes criminal
activity, they must contact the police (see Chancellor’s Regulation A-412,
https://www.schools.nyc.gov/docs/default-source/default-document-library/a412-security-in-the-schools-english). The principal/designee may consult with their
Senior Field Counsel and/or the Borough Safety Director.
N. If the report cannot be investigated at the school level due to the nature and
seriousness of the allegation(s), the principal/designee must consult with OSYD.
III. INVESTIGATION
A. All reports must be investigated. All parties and all witnesses must be interviewed
separately, any investigative notes must be maintained, and the date of each
interview must be documented. The principal/designee must take the specific
investigative steps set forth below as soon as practicable, but no later than five (5)
school days after receipt of the report:
1. interview the alleged victim;
2. ask the alleged victim to prepare a written statement which includes as much
detail as possible, including a description of the behavior, when and where it
took place and who may have witnessed it;
3. interview the accused student and advise them that if the conduct has
occurred, it must cease immediately;
4. ask the accused student to prepare a written statement;
5. interview any witnesses and ask them to prepare their written statements;
and
6. obtain any relevant evidence (e.g., video surveillance or audio recordings). The
principal/designee should refer to DOE guidance on how to deal with
inappropriate cyber-content and consult with their Borough Safety Director
and Senior Field Counsel, if necessary.
B. At the conclusion of the investigation, the principal/designee must review all the
evidence and determine whether the allegations are substantiated by a
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preponderance of the evidence (i.e., whether based upon a review of all of the
evidence, including the quality of the evidence and the credibility of the parties and
witnesses, it is more likely than not that the alleged conduct occurred.)
C. If the allegations are substantiated, the principal/designee must also determine
whether the conduct violates this regulation. In making this determination the
principal/designee must evaluate the totality of the circumstances surrounding the
conduct. The principal/designee should consider a number of factors, which may
include but are not limited to:
• the ages of the parties involved;
• the nature, severity and scope of the behavior;
• the frequency and duration of the behavior;
• the number of persons involved in the behavior;
• the context in which the conduct occurred;
• where the conduct occurred;
• whether there have been other incidents in the school involving the same
students;
• whether the conduct adversely affected the victim’s education, including
attendance, academic performance or participation in extracurricular
activities;
• whether the conduct has affected the victim’s behavior or social interactions
in school;
• whether concerns have been expressed about the victim’s safety; and
• whether the victim’s mental, emotional or physical well-being have been
impacted.
D. At the conclusion of the investigation, the principal/designee must enter the following
information into OORS: the investigative findings; a determination of whether the
allegations have been substantiated; and a determination of whether the conduct
constitutes a violation of this regulation. This information must be entered into OORS
within ten (10) school days of receipt of the report, absent extenuating circumstances.
E. The principal/designee must advise the parent(s) of the alleged victim and the
parent(s) of the accused student in writing whether any allegations are substantiated
and whether the conduct constitutes a violation of this regulation. If any of the
allegations are substantiated, this notice must also advise the parents to contact the
school to discuss the incident and any follow-up action and the availability of
interventions and supports for their child, where applicable. Parents must be advised
within ten (10)school days of receipt of the report, absent extenuating circumstances.
If a decision was made not to notify the parents of the alleged victim as set forth in
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Section II.K, such parents shall also not be advised of the information set forth in this
paragraph. A copy of the OORS report must be made available to the
Borough/Citywide Office, Director of Student Services, and to the Title IX Coordinator
for gender-based conduct.
F. The information set forth in Section III.E shall be provided in accordance with state
and federal laws protecting the confidentiality of student record information.
Therefore, the parents of the alleged victim may only be notified of any follow-up
action, interventions or supports that pertain to the alleged victim and the parents of
the accused student may only be notified of any follow-up action, interventions or
supports that pertain to the accused student.
G. If at any time before or during the course of the investigation, the principal/designee
determines that interventions and supports are appropriate before the final outcome
of an investigation to ensure the safety or the well-being of a student (including the
alleged victim, the accused student and any witnesses), the student’s parent must be
notified, and appropriate interventions and supports should be documented,
implemented, and monitored, and modified where appropriate, as set forth in Section
IV.
IV. FOLLOW-UP ACTION
A. The principal/designee must take immediate steps and appropriate follow-up action
to ensure that the conduct has stopped.
B. Once the investigation is completed and a determination is made, as set forth in
Section III, interventions and supports must be provided to the victim, the accused
student, and witnesses, where appropriate. Such interventions and supports must be
assessed on a case-by-case basis and must be monitored and modified, as
appropriate. Interventions and supports include but are not limited to the following:
• Referral to in-school or out-of-school medical services;
• Guidance interventions (e.g., referral to the school social worker, guidance
counselor, psychologist, or other appropriate school staff), or referral to
community-based agencies, for counseling, support, and/or education or mental
health services;
• Academic supports and adjustments (e.g., change in classes, lunch/recess, or
after-school program schedules);
• Development of an individual support plan (an individual support plan must be
developed and implemented for a student who has been the victim of two (2) or
more substantiated violations of this regulation in the same school year and/or a
student who has been found to have violated this regulation two (2) or more times
in the same school year )
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Additional information about supports and interventions can be found in the
Discipline Code. Neither mediation nor conflict resolution is under any
circumstances an appropriate intervention for bullying or intimidation. (Also see
Chancellor’s Regulations A-101 (https://www.schools.nyc.gov/docs/defaultsource/default-document-library/a101-admissions-readmissions-transfersenglish) and A-449 (https://www.schools.nyc.gov/docs/default-source/defaultdocument-library/a-449-safety-transfers) which set forth the policies and
procedures for obtaining a transfer if a transfer may be appropriate.)
C. If school staff believe that follow-up action to an incident warrants revision of the
student’s Individualized Education Program (IEP) or Section 504 Plan, they should
follow the appropriate procedures as outlined in Chancellor’s Regulation A-710
(https://www.schools.nyc.gov/docs/default-source/default-document-library/a-710)
and the Special Education Standard Operating Procedures Manual (SOPM,
https://infohub.nyced.org/docs/default-source/default-documentlibrary/specialeducationstandardoperatingproceduresmanualmarch.pdf?sfvrsn=4cd
b05a0_2).
D. Students who have been found to have violated this regulation will be subject to
appropriate disciplinary responses in accordance with the Discipline Code and the
procedures and requirements set forth in Chancellor’s Regulation A-443
(https://www.schools.nyc.gov/docs/default-source/default-document-library/a-443-
3-5-04-english).
E. The principal/designee must enter all interventions and supports offered to the
parties and witnesses and all disciplinary responses taken with respect to the
student(s) found to have engaged in the prohibited conduct into the Suspensions and
Office of Hearings Online system (“SOHO”) through OORS.
V. PREVENTION, NOTIFICATION and TRAINING
A. Each school must conspicuously post (in locations deemed highly visible to students,
parents, and staff) the “Respect for All” poster (available at
https://www.schools.nyc.gov/school-life/policies-for-all/respect-for-all/respect-forall-handouts) in locations deemed highly visible to students, parents and staff. The
posters must contain the name of the RFA liaison(s). Schools should make every effort
to post this information as early as possible in the school year.
B. Each school must annually distribute or make electronically available to all school
staff, parents, and students the written material prepared by OSYD highlighting the
policies and procedures set forth in this regulation, including the procedures for how
to make a report, and whom parents may contact outside the school for additional
support (available at (https://www.schools.nyc.gov/school-life/policies-for-
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all/respect-for-all/respect-for-all-handouts). Schools must also make this information
available to parents/students enrolling in the school during the school year.
C. Each principal/designee must ensure that the name and contact information of the
RFA liaison(s) are included on the school’s website and shared with students and
parents at least once per year, including but not limited to through electronic
communication or sending such information home with students. Schools should
make every effort to provide this information as early as possible in the school year.
D. Each principal/designee must ensure that students have been provided with
information and training developed by OSYD on the policy and procedures in this
regulation by October 31 of each school year.
E. Each principal must ensure that all staff members, including non-instructional staff,
are provided with training developed by OSYD on the policy and procedures in this
regulation by October 31 of each school year. Such training must address:
1. Raising awareness and sensitivity to potential acts of discrimination,
harassment, intimidation, and bullying directed at students, including, but not
limited to, those acts based on a student’s actual or perceived race, color,
creed, ethnicity, national origin, citizenship/immigration status, religion,
gender, gender identity, gender expression, sexual orientation, disability, or
weight;
2. The identification and mitigation of discrimination, harassment, intimidation,
and bullying;
3. The social patterns of discrimination, harassment, intimidation, and bullying;
4. Preventing and responding to incidents of discrimination, harassment,
intimidation, and bullying;
5. Understanding the effects of discrimination, harassment, intimidation, and
bullying and strategies for effectively addressing problems of exclusion, bias,
and aggression in educational settings; and
6. Promoting a safe and supportive school climate, including incorporating the
concepts into classroom activities.
F. Each principal must ensure that, in addition to the school training set forth in Section
V.E, at least one (1) RFA liaison completes the RFA mandated training developed by
OSYD which addresses: 1) human relations in the areas of race, color, creed, ethnicity,
national origin, citizenship/immigration status, religion, gender, gender identity,
gender expression, sexual orientation, disability and weight, and 2) the issues set forth
in Section V.E.
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G. A copy of this regulation must be made available to parents, school staff and students
upon request.
VI. CONSOLIDATED SCHOOL AND YOUTH DEVELOPMENT PLAN
Each principal must submit the following information, and any additional information as
determined by the DOE, in its annual Consolidated School and Youth Development Plan
by October 31 of each school year:
A. The name of the RFA liaison(s). This information must be updated as appropriate.
B. Certification that at least one (1) RFA liaison has or will receive the training set forth
in Section V.F.
C. Certification that students have been provided with information and training on
the policy and procedures in this regulation as set forth in Section V.D.
D. Certification that staff members, including non-instructional staff, have been
provided with the information and training set forth in Section V.E.
E. Confirmation that the agenda, signed attendance rosters and a copy of all training
materials to document the annual staff training required by Section V.E are on file
at the school; and
F. A plan for preventing and addressing bias, harassment, intimidation, and/or
bullying.
Vll. CONFIDENTIALITY
It is the policy of the DOE to respect the privacy of all parties and witnesses to reports
made under this regulation. However, the need for confidentiality must be balanced
against the obligation to cooperate with police investigations, to provide due process,
and/or to take necessary action to investigate or resolve the report, including providing
supports and interventions. Therefore, information regarding the report may be disclosed
in appropriate circumstances or as required by law or where necessary to protect a
student whose safety or well-being is at risk.
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Vlll. ALTERNATE REPORTING PROCEDURE
These internal procedures do not deny the right of any individual to pursue other avenues
of recourse, which may include filing charges with an external agency such as:
Office for Civil Rights
New York Office
32 Old Slip, 26th Floor
New York, NY 10005-2500
Telephone: (646) 428-3800
Facsimile: (646) 428-3843
Email: OCR.NewYork@ed.gov
http://www.ed.gov/ocr
IX. INQUIRIES
Inquiries pertaining to this regulation should be addressed to:
Office of School and Youth Development
NYC Department of Education
52 Chambers Street – Room 218
New York, NY 10007
Telephone: (212) 374-6807
Facsimile: (212) 374-5751
Email: RespectForAll@schools.nyc.gov
Title IX Coordinator
65 Court Street, Room 200
Brooklyn, NY 11201
Email: Title_IX_Inquiries@schools.nyc.gov
Telephone: 718-935-4987