History

Chancellor’s Regulation D-210 Citywide and Community Education Council Code of Conduct and Complaint Procedures: Anti-Discrimination and Anti-Harassment Policy (“the regulation” or “D-210”) was issued on December 22, 2021 to provide a set of rules, standards, and guidance for Citywide and Community Education Council (CCEC) members’ conduct in the performance of their duties.

The regulation's primary goals are to promote CCEC professionalism; foster and maintain positive, supportive environments for CCEC members; and reinforce New York City Public Schools’ (NYCPS) commitment to ensuring school communities are free from discrimination, harassment, bias, racism, and intimidation. 

Investigative Process 

Equity Compliance Officer Investigation and Report 

The regulation mandates the appointment of an Equity Compliance Officer (ECO) responsible for receiving, responding to, processing, and investigating complaints alleging violations of the regulation.

Complaints alleging violations of the regulation are reviewed by the ECO to determine if they allege conduct prohibited by D-210. All investigations are conducted confidentially to safeguard the well-being of all parties involved, and retaliation is strictly prohibited. Please note that anonymous complaints are not subject to investigation. 

Complainants and witnesses are interviewed and encouraged to provide evidence as part of the investigation process. Respondents have an opportunity to address the allegations before a finding is rendered. If a Respondent chooses not to provide a statement or be interviewed, the ECO makes findings based on all available evidence. Upon completion of the investigation, the ECO drafts an investigative report, which includes a recommendation as to whether a violation of the regulation has occurred. 

Review by the Equity Council 

The regulation also establishes an "Equity Council," which is comprised of parent leaders from the CCECs and Chancellor’s Parent Advisory Council (CPAC) appointed by the Office of Family and Community Engagement (FACE). The Equity Council reviews the ECO’s findings and recommendations following an investigation and may offer its own recommendations to the ECO. In the event of a disagreement between the ECO and the Equity Council, the recommendation of the ECO shall govern. 

Chancellor Determination and Conciliation 

Within 10 business days of receiving the ECO's final report, the Chancellor or their designee will issue a written determination regarding whether there has been a violation of the regulation and outline the appropriate corrective or disciplinary action. 

Before implementing any corrective or disciplinary action, CCEC members subject to such action will be afforded an opportunity for conciliation with the Chancellor or Chancellor’s designee within 10 calendar days of the decision. The Chancellor may suspend or remove a Council Member without offering an opportunity for conciliation if the conduct is criminal, poses an immediate danger to the safety or welfare of students or any NYCPS employee, or in the judgment of the Chancellor, is contrary to the best interest of the New York City school district. 

Confidentiality 

NYCPS is committed to respecting the privacy of all parties and witnesses involved in investigations conducted under this regulation. Information provided during the investigation process is considered confidential and will only be disclosed to those who have a legitimate need to access it and as necessary to ensure a comprehensive and impartial investigation. 

Rights under the Regulation 

We respect all participants’ rights throughout this process. The ECO interviews all parties individually and in a private setting. No other parties are permitted to be present during these interviews.

Respondents are advised of the specific allegations against them at the time of the interview. They can respond, provide additional evidence, and provide witness information at that time.

The names of the complainant and witnesses are not shared. The interviews are not recorded by any participating parties; however, comprehensive notes are taken. 

Witnesses are not informed of the outcome of the investigation, or the specific corrective actions taken. 

Both complainants and respondents will receive a letter informing them of the outcome of the investigation. 

Retaliation 

Retaliation is not tolerated under any circumstances. Any complaints of retaliation will be promptly investigated, and appropriate corrective action will be taken. 

How to file a complaint

To file a complaint about an alleged violation of Chancellor's Regulation D-210, please send an email to:D210intake@schools.nyc.gov

Frequently Asked Questions

For all parties

What happens after I file a D-210 complaint? 

Once you have submitted your D-210 complaint, we will promptly acknowledge receipt of your complaint via email and carefully review your complaint to ensure it alleges conduct that would be prohibited by the regulation. If necessary, we may reach out to you to gather more information or schedule an interview. 

Does my CEC have any role in the investigation process?

Can you give me an overview of the investigative process? 

The Equity Compliance Officer (ECO) will conduct a thorough fact-finding investigation, which includes interviewing witnesses and reviewing relevant documents. Following the investigation, the ECO will issue findings and a recommendation regarding whether a violation of Chancellor’s Regulation D-210 has occurred. The Equity Council will review the recommendation and engage in discussions with the ECO; however, the ECO has final say over the recommendation submitted to the Chancellor. 

Who conducts the interviews?

All interviews will be conducted by the ECO. 

Am I allowed to bring someone with me to the interview for moral support? 

During the interview, we will ask that you focus on your perspective and experiences without the presence of additional parties. We are protecting confidentiality and the integrity of the investigative process.

Am I allowed to record the interview? 

To ensure a comfortable and confidential atmosphere, we request that interviews not be recorded. The interviews are not recorded by any participating parties; however, comprehensive notes are taken.

Will I know who else is going to be interviewed? 

The ECO will determine who else may have relevant information and need to be interviewed. This information will not be disclosed. 

Will the information I share with the investigator be kept confidential? 

Your information will be treated as confidential and will only be shared with those who have a legitimate need to access it and as necessary to ensure a thorough and impartial investigation.

How long does the investigation take?

Investigations are generally completed within sixty (60) calendar days of the ECO’s receipt of the complaint. 

For the Complainant

Will the respondent find out that I filed a complaint? 

The ECO does not disclose the identity of complainants. However, it is possible that the respondent may infer the source of the complaint based on the concerns raised. 

Will I find out the outcome of my complaint? 

You will receive a formal letter detailing the outcome of the investigation from the Chancellor or designee. 

If the information gathered does establish a violation of Chancellor’s Regulation D-210, will I find out what happened to the respondent? 

We do not disclose corrective actions taken. 

If I am not satisfied with the findings of the investigation, is there an appeal process? 

Investigative findings are not appealable, however, to the extent such findings result in corrective or disciplinary action, an appeal may be available as set forth in New York Education Law section 2590-l.

What would happen if someone attempted to retaliate against me?

Retaliation is strictly prohibited. Any complaints of retaliation will be promptly investigated, and appropriate corrective action will be taken. 

For the Respondent

Will I receive a copy of the complaint? 

You will not receive a copy of the complaint, but you will be informed about each of the allegations in the complaint at the time of the interview and given an opportunity to respond to them. 

How will I find out the outcome of the investigation? 

You will receive a formal letter detailing the outcome of the investigation. 

What happens next if the information gathered does not establish a violation of Chancellor’s Regulation D-210? 

If the information gathered does not establish a violation of Chancellor’s Regulation D-210, your role in the investigation is complete. The ECO may still contact you to determine if any steps need to be taken to promote an inclusive and discrimination-free working environment. 

What happens if the information gathered does establish a violation of Chancellor’s Regulation D-210? 

You will be contacted by the Chancellor or the Chancellor’s designee regarding the findings and any corrective actions. 

Will I know who filed the complaint? 

The identity of the complainant will not be disclosed to you, and we request that you refrain from attempting to determine who may have filed the complaint. 

Will I know who else will be interviewed? 

The selection of interviewees is at the discretion of the ECO. You will not be informed about other potential witnesses. We ask that you refrain from discussing the complaint with others to maintain confidentiality and the integrity of the investigation. 

Will I learn about the outcome of the investigation? 

You will receive a formal letter detailing the outcome of the investigation from the Chancellor or designee. 

For Witnesses

Will I know who filed the complaint?

The identity of the complainant will not be disclosed to you, and we request that you refrain from attempting to determine who may have filed the complaint.

Will I know who else will be interviewed?

The selection of interviewees is at the discretion of the ECO. You will not be informed about other potential witnesses. We ask that you refrain from discussing the complaint with others to maintain confidentiality and the integrity of the investigation.

Will I learn about the outcome of the investigation?

To protect the privacy and integrity of the investigation, you will not be informed of the outcome of the complaint. Our commitment to confidentiality extends to all parties involved.