ACAA - Harassment and Sexual Harassment of Students

ACAA - HarassmentHARASSMENT andOF Sexual Harassment of StudentsSTUDENTS

HarassmentMSAD #35 prohibits harassment of students becauseon ofthe race,basis color,of:

sex,

• Race (including traits associated with race involving hair texture, Afro hairstyles, and protective hairstyles such as braids, twists, and locks);

• Sex, sexual orientation, gender identity, religion,sex ancestrystereotypes, sex characteristics, pregnancy or related conditions;

• Parental, family, or marital status;

• Color;

• Religion;

• Ancestry or national origin,origin; orand

  disability
is
• prohibited.

  Disability.

Such conduct is a violation of Board policy and may constitute illegal discrimination under state andand/or federal laws.  

For the purpose of this policy, “race” includes traits associated with race, including hair texture, Afro hairstyles, and protective hairstyles, including braids, twists, and locs.

School employees, fellow students, volunteers, visitors to the schools, and other personsindividuals with whom students may interact in order to pursue or engage in education programs and activities, are required to refrain from such conduct.

HarassmentA. and sexual harassment of students by school employees is considered grounds for disciplinary action, up to and including discharge.  Harassment and sexual harassment of students by other students is considered grounds for disciplinary action, up to and including expulsion.  The Superintendent will determine appropriate sanctions for harassment of students by persons other than school employees and students.

A.   Harassment

Harassment includes, but is not limited to, verbal abuse and other unwelcome, offensive conduct based on race,the color,protected sex,categories sexuallisted orientation, gender identity, religion, ancestry or national origin, or disability.above.  Harassment that rises to the level of physical assault, batterybattery, and/or abuse, and/or bullying behavior are also addressed in Board Policies JICIA – Weapons, Violence and School Safety and JICK – Bullying.

B.B.   SexualSexual/Sex-Based Harassment

Sexual harassmentHarassment isand other forms of Sex-Based Harassment are addressed under federal and state laws/regulations.  The scope and definitions of sexualsexual/sex-based harassment under these laws differ, as described below. 

1.1. Sex-Based Harassment Under Title IX Sexual Harassment

Under the federal Title IX law and its accompanying regulations, sexualsex-based harassment includes the following conductharassment on the basis of sex, including sexual orientation, gender identity, sex whichstereotypes, takessex placecharacteristics, withinpregnancy theor contextrelated ofconditions, thethat school unit’s education programs and activities:is:

a. “Quid pro quo” sexual harassment by a school employee:employee, Conditioningagent, aor other person authorized by the school unit to provide an aid, benefitbenefit, or service under an education program or activity, explicitly or impliedly conditioning the provision of such aid, benefit, or service (such as a better grade or a college recommendation) on anthe individual’s participation in unwelcome sexual conduct;conduct.

b. “Hostile environment” sexual harassment: Unwelcome sex-based conduct that, based on sexthe thattotality aof reasonablethe personcircumstances, wouldis determinesubjectively and objectively offense, and is so severe,severe or pervasive and objectively offensive that it effectivelylimits or denies an individual’s equal accessability to participate in or benefit from the school unit’s education programs and activities;program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-based inquiry that includes consideration of a number of factors (identified in ACAA-R2 – Student Sex Discrimination/Harassment Complaint Procedure).

c. Sexual assault, dating violence, domestic violenceviolence, and stalkingstalking, as these terms are defined in applicable federal laws.laws/regulations.

2.2. Sexual Harassment Under Maine Law

Under Maine law, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the following situations:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s educational benefits;

b. Submission to or rejection of such conduct by a student is used as the basis for decisions on educational benefits; or

c. Such conduct has the purpose and effect of substantially interfering with a student’s academic performanceperformance, or creates an intimidating, hostilehostile, or offensive environment.

C. Reports and Complaints of Harassment or Sexual Harassment 

All employees (except employees designated by the school employeesunit as “confidential employees” in regard to sexual/sex-based harassment complaints) are required to report possible incidents of harassment or sexual harassment involving students to the Affirmative Action Officer/Title IX Coordinator.    Failure to report such incidents may result in disciplinary action.

Students, parents/legal guardiansguardians, and other individuals are strongly encouraged to report possible incidents of harassment or sexual harassment involving students to the Affirmative Action Officer/Title IX Coordinator.Coordinator, so that they can be appropriately addressed.  

The Affirmative Action Officer/Title IX Coordinator is also available to answer questions and provide assistance to any individual who is unsure whether harassment orhas sexualoccurred.

Reports of discrimination and harassment has occurred. 

All reports and complaints of harassment or sexual harassment against students shall be addressed through theACAA-R1 – Discrimination and Harassment of Students Complaint Procedure. Reports of sex discrimination, including sexual/sex-based harassment, are addressed in ACAA-R2 – Student Sex Discrimination/Harassment andComplaint Title IX Sexual Harassment Procedures (ACAA-R).Procedure.

 

Legal Reference:References:

Americans with Disabilities ActAct, (42 U.S.C. §12101§ et seq.,12101-12213, as amended;amended by 28 C.F.R. § 35.107)107.

Section 504 of the Rehabilitation Act of 1973 (Section 504), (29 U.S.C. § 794 et seq.,794, as amended;amended by 34 C.F.R. § 104.7)7.

Title IX of the Education Amendments of 1972 (Title IX), 20 USCU.S.C. §§ 1681,1681-1688, etas seq.);amended by 34 C.F.R. Part 106

Clery Act (20 U.S.C. §1092(f)(6)(A)(v) - definition of sexual assault)

Violence Against Women Act (34 U.S.C. § 1092(f)(6)(A)(v) – definition of sexual assault; 34 U.S.C. § 12291(a)(10) – dating violence; 34 U.S.C. §12291(a)(3) – definition of stalking; 34 U.S.C. §12291(a)(8) – definition of domestic violence)106.

Title VIIV of the Civil Rights Act of 19641964, (42 USCU.S.C. §§ 2000d)2000c to 2000c-9.

Maine Human Rights Act, 5 MRSAM.R.S.A. §§ 45514551-4634 et(2023).

seq.

20-A MRSAM.R.S.A § 6553 (2019).

MHRC/MDOE Joint Rule Chapter 94-348 and 05-071, ch.Ch. 44.

 

Cross Reference:

ACAA-RR1 – Student Discrimination/HarassmentDiscrimination and Title IX Sexual Harassment Complaint ProceduresProcedure

ACAA-R2 – Student Sex Discrimination/Harassment Complaint Procedure

AC – Nondiscrimination/Equal Opportunity and Affirmative Action

ACAB – Harassment of Employees

ACAB-R1 – Employee Discrimination and Harassment Complaint Procedure

ACAB-R2 – Employee Sex Discrimination/Harassment Complaint Procedure

ACAD – Hazing

GBEB – Staff Conduct with Students

JFCK – Student Use of Cellular Telephones and Other Electronic Devices

JICIA – Weapons, Violence and School Safety

JICK -– Bullying

TransgenderJIE – Pregnant Students Guidelines

 

Policy Adopted: January 5, 2005 

Policy Revised: March 4, 2009, March 1, 2017, July 18, 2018, December 18, 2019, December 2, 2020, December 21, 20222022; November 20, 2024