Dignity Act

The Dignity Act

New York State's Dignity Act went into effect July 1, 2012.

The Dignity Act seeks to provide the State’s public elementary and secondary school students with a safe and supportive environment free from discrimination, intimidation, taunting and harassment on school property, a school bus and/or at a school function.

The Dignity Act also amended Section 801-a of New York State Education Law regarding instruction in 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 races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, gender identity, and sexes. The Dignity Act further amended Section 2801 of the Education Law by requiring Boards of Education to include language addressing The Dignity Act in their codes of conduct.

Additionally, under the Dignity Act, schools will be responsible for collecting and reporting data regarding material incidents of discrimination and harassment.

Definitions and Reporting

The Dignity Act prohibits discrimination and harassment of students by staff and other students defined as:  the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse 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   conduct,   verbal   threats, intimidation  or  abuse  that  reasonably  causes or would reasonably be expected to cause a student to fear for his or her physical safety; such conduct, verbal threats, intimidation  or  abuse  includes  but  is  not limited  to  conduct,  verbal  threats, intimidation or abuse based on a person's actual or  perceived  race,  color,  weight,  national  origin, ethnic   group,   religion,   religious   practice,  disability,  sexual orientation, gender or sex.

Bullying is a form of harassment. According to the US Department of Education bullying generally involves the following characteristics:

• An imbalance of power: Children who bully use their power, such as physical strength access to embarrassing information or popularity, to control or harm others. Power imbalances can change over time and in different situations, even if they involve the same people. 
• The Intent to Cause Harm: The person bullying has a goal to cause harm.
• Repetition:  Bullying behaviors generally are repeated and happen over time.        

Reporting: School staff members will continue to report incidents of harassment by filling out the building behavior referral form. Harassment (and all other misbehavior) should be reported immediately to a building administrator. Students are encouraged to tell a parent or staff member if they are being harassed at school. Building administrators will follow up on all reports, investigate and react appropriately. Material Incidents of discrimination and harassment will be reported as required to NYSED.