The Board of Cooperative Educational Services (BOCES) is committed to providing an orderly, respectful environment that is conducive to learning. To create and maintain this kind of an environment, it is necessary to regulate public conduct on BOCES property and at BOCES functions. For purposes of this section of the code, "public" shall mean all persons when on BOCES property or attending a BOCES function including students, teachers and other BOCES personnel.

The restrictions on public conduct on BOCES property and at BOCES functions contained in this code are not intended to limit freedom of speech or peaceful assembly. The BOCES recognizes that free inquiry and free expression are indispensable to the objectives of the BOCES. The purpose of this code is to maintain public order and prevent abuse of the rights of others.

All persons on BOCES property or attending a BOCES function shall conduct themselves in a respectful and orderly manner. In addition, all persons on BOCES property or attending a BOCES function are expected to be properly attired for the purpose they are on BOCES property. Please note the Dress Code section herein.

A. Prohibited Conduct

No person, either alone or with others, shall:

1. Intentionally injure any person or threaten to do so.
2. Intentionally damage, remove or destroy BOCES property or the personal property of a teacher, administrator, other employees or any person lawfully on BOCES property. Such actions include graffiti or arson.
3. Disrupt the orderly conduct of classes, BOCES programs or other BOCES activities.
4. Distribute or wear materials on BOCES grounds or at BOCES functions that are obscene, advocate illegal action, appear libelous, obstruct the rights of others or are disruptive to the BOCES program.
5. Intimidate, harass or discriminate against any person on the basis of race, color, creed, national origin, religion, age, gender, sexual orientation or disability.
6. Enter any portion of the BOCES premises without authorization or remain in any building or facility after it is normally closed.
7. Obstruct the free movement of any person in any place to which this code applies.
8. Violate the traffic laws, parking regulations or other restrictions on vehicles.
9. Possess, consume, sell, distribute or exchange alcoholic beverages, controlled substances, or be under the influence of either on BOCES property or at a BOCES function.
10. Possess or use weapons in or on BOCES property or at a BOCES function, except in the case of law enforcement officers or except as specifically authorized by the BOCES organization.
11. Loiter on or about BOCES property.
12. Gamble on BOCES property or at BOCES functions.
13. Refuse to comply with any reasonable order of identifiable BOCES officials performing their duties.
14. Willfully incite others to commit any of the acts prohibited by this code.
15. Violate any federal or state statute, local ordinance or board policy while on BOCES property or while at a BOCES function.

B. Dress Code

Faculty and staff handbooks will set forth a general dress code, which does not infringe upon individual rights. The BOCES does not generally prescribe faculty/staff and visitor dress while these persons are on BOCES grounds if fashion or taste is the major criterion. However, the BOCES will impose restrictions when a faculty/staff member’s or visitor’s dress is clearly dangerous, given the activity in which they are participating, or so inappropriate as to interfere with the orderly conduct of a BOCES activity, the learning and/or the teaching process. In particular, faculty/staff are asked to consider that their dress can be construed as a model for students and careful judgment needs to be exercised in the selection of appropriate clothing and attire while representing the BOCES.

Individual faculty/staff and visitors have the responsibility for their own dress and general appearance. Faculty/staff and visitors are required to attend BOCES classes and activities in appropriate dress that meets health and safety standards and does not interfere with BOCES activities and/or the education of BOCES students.

When necessary, faculty/staff and visitors will be asked to wear appropriate protective gear in certain classes and/or activities (i.e., home economics, health occupations, shop, P.E., construction sites, etc.). Clothing and attire which have an expression (phrase, word or words) or insignia (picture, symbol, patch or pin) which is obscene, sexually suggestive or libelous (that is, which contains objectionable language, including insults, whether directed to themselves or others), or which advocates racial or religious prejudice is forbidden.

If found wearing such attire, faculty/staff and visitors may be asked to return home and change clothes prior to returning to the BOCES. For faculty/staff involved in such an event, continued wearing of inappropriate clothing and attire may lead to disciplinary action.

C. Penalties

Persons who violate this code shall be subject to the following penalties:

1. Visitors. Their authorization, if any, to remain on BOCES grounds or at the BOCES function shall be withdrawn and they shall be directed to leave the premises. If they refuse to leave, they shall be subject to ejection and where necessary, appropriate legal action, arrest and/or prosecution.
2. Students. They shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.
3. Tenured faculty members. They shall be subject to disciplinary action as the facts may warrant in accordance with Education Law § 3020-a or any other legal rights that they may have.
4. Staff members in the classified service of the Civil Service entitled to the protection of Civil Service Law § 75. They shall be subject to immediate ejection and to disciplinary action as the facts may warrant in accordance with Civil Service Law § 75 or any other legal rights that they may have.
5. Staff members other than those described in subdivisions 3 and 4.shall be subject to warning, reprimand, suspension or dismissal as the facts may warrant in accordance with any legal rights they may have.

D. Enforcement

The building administrator/designee shall be responsible for enforcing the conduct required by this code. When the building administrator/designee sees an individual engaged in prohibited conduct, which in his/her judgment does not pose any immediate threat of injury to persons or property, the building administrator/designee shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop. The building administrator/designee shall also warn the individual of the consequences for failing to stop. If the person refuses to stop engaging in the prohibited conduct, or if the person’s conduct poses an immediate threat of injury to persons or property, the building administrator/designee shall have the individual removed immediately from BOCES property or the BOCES function. If necessary, local law enforcement authorities will be contacted to assist in removing the person.

The BOCES shall initiate disciplinary action against any student or staff member, as appropriate, with the "Penalties" section above. In addition, the BOCES reserves its right to pursue a civil or criminal legal action against any person violating the code.

Education Law § 2801