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ACAA-R Student Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures

ACAA-R Student Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures

The Board has adopted these student procedures in order to provide prompt and equitable resolution of reports and complaints of unlawful discrimination and harassment of students, including sexual harassment, as described in policies AC – Nondiscrimination/Equal Opportunity and Affirmative Action and ACAA – Harassment and Sexual Harassment of Students. 

Complaints alleging unlawful harassment or discrimination against employees based on a protected category should be addressed through the Board’s Employee Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures (ACAB-R).

Any individual who is unsure about whether unlawful discrimination or harassment has occurred and/or which complaint procedure applies is encouraged to contact the Affirmative Action Officer/Title IX Coordinator.

Heidi Early-Hersey

Affirmative Action Officer/Title IX Coordinator

180 Depot Road, Eliot

(207) 439-2438

heidi.early@rsu35.org

Section 1.  Definitions

For purposes of these complaint procedures, the following definitions will be used.  The Affirmative Action Officer/Title IX Coordinator shall assess all reports and complaints to ensure that they are addressed under the appropriate policy and complaint procedure.

      1. “Discrimination or harassment”: Discrimination or harassment on the basis of an individual’s membership in a protected category, which, for students, includes race (including traits associated with race involving hair texture, Afro hairstyles and protective hairstyles such as braids, twists and locs), color, sex, sexual orientation, gender identity, religion, ancestry, national origin or disability.

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 performance or creates an intimidating, hostile or offensive environment.

B. Title IX Sexual Harassment Complaint Procedure Definitions

  1. “Sexual Harassment”: Under the federal Title IX regulations, sexual harassment includes the following conduct on the basis of sex which takes place within the context of the school unit’s education programs and activities:

  1. “Report”: Under the Title IX regulations, any individual may make a report of sexual harassment involving a student, whether the individual is the alleged victim or not.  School employees are required to report possible incidents of sexual harassment involving a student.  A report must be made to the Affirmative Action Officer/Title IX Coordinator.  A report triggers certain actions by the AAO/Title IX Coordinator for the alleged victim of sexual harassment, but an investigation is not conducted unless a “Formal Complaint” is filed.

  2. “Formal Complaint”: Under the Title IX regulations, the alleged victim of sexual harassment can file a written complaint that triggers the complaint procedure in Section 3 of ACAA-R.  Only a student and/or their parent/legal guardian (and in certain circumstances, the AAO/Title IX Coordinator) may file a formal complaint.

  3. “Student”: For the purposes of this procedure, a student is an individual who is enrolled or participating in the school unit’s education programs and activities, or is attempting to enroll or participate.

Section 2.  Discrimination/Harassment Complaint Procedure

This procedure should be used for any complaint of unlawful harassment or discrimination complaint based on a protected category which does not involve Title IX sexual harassment (which is addressed in Section 3). 

      1. School employees are required to promptly make a report to the AAO/Title IX Coordinator if they have reason to believe that a student has been discriminated against or harassed.

      2. Students (and others) who believe that they, or another student has been harassed or discriminated against should report their concern promptly to the AAO/Title IX Coordinator. 

      3. The individual making the report must provide basic information in writing concerning the allegation of harassment or discrimination (i.e., date, time, location, individual(s) who allegedly engaged in harassment or discrimination, description of allegation) to the AAO/Title IX Coordinator.

      4. If an individual is unsure as to whether unlawful discrimination or harassment has occurred, or who need assistance in preparing a written complaint, they are encouraged to discuss the matter with the AAO/Title IX Coordinator. 

      5. Individuals will not be retaliated against for reporting suspected discrimination or harassment, or for participating in an investigation.  Retaliation is illegal under federal and state nondiscrimination laws, and any retaliation will result in disciplinary action, up to and including discharge for employees, and expulsion for students.

      6. Individuals are encouraged to utilize the school unit’s complaint procedure. However, individuals are hereby notified that they also have the right to report incidents of discrimination or harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333 (telephone: 207-624-6290) and/or to the federal Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8th Floor, Boston, MA  02109-3921 (telephone: 617-289-0111).

B. Complaint Handling and Investigation

      1. The AAO/Title IX Coordinator will promptly inform the Superintendent and the person who is the subject of the complaint (respondent) that a complaint has been received.

      2. The AAO/Title IX Coordinator may pursue an informal resolution of the complaint with the agreement of the parties involved.  Any party to the complaint may decide to end the informal resolution process and pursue the formal process at any point.  Any informal resolution is subject to the approval of the parties and the Superintendent, who shall consider whether the resolution is in the best interest of the school unit and the parties in light of the particular circumstances and applicable policies and laws.

      3. The AAO/Title IX Coordinator may implement supportive measures to a student to reduce the risk of further discrimination or harassment to a student while an investigation is pending.  Examples of supportive measures include, but are not limited to, ordering no contact between the individuals involved or changing classes.

      4. The complaint will be investigated by a trained internal or external individual designated by the Superintendent and the AAO/Title IX Coordinator.  Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the Board, who should consult with legal counsel concerning the handling and investigation of the complaint.

      5. The investigator shall consult with the AAO/Title IX Coordinator as agreed during the investigation process.

      6. The respondent will be provided with an opportunity to be heard as part of the investigation. The complainant shall not be required to attend meetings with the respondent, but may choose to do so as part of an informal resolution process.

      7. The complainant and the respondent may suggest witnesses to be interviewed and/or submit materials they believe are relevant to the complaint.

      8. If the complaint is against an employee of the school unit, any rights conferred under an applicable collective bargaining agreement shall be applied.

      9. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.

      10. The investigation shall be completed within 40 calendar days of receiving the complaint, if practicable.  Reasonable extensions of time for good reason shall be allowed.

      11. The investigator shall provide a written report and findings to the AAO/Title IX Coordinator.

C. Findings and Subsequent Actions

      1. The AAO/Title IX Coordinator shall consult with the Superintendent concerning the investigation and findings.

      2. If there is a finding that discrimination or harassment occurred, the AAO/Title IX Coordinator, in consultation with the Superintendent shall:

   3. Inform the complainant and the respondent in writing of the results of the investigation and its resolution (in                              accordance with applicable state and federal privacy laws).

D. Appeals

      1. After the conclusion of the investigation, the complainant or respondent may seek an appeal of the findings solely on the basis of either: (a) prejudicial procedural error or (b) the discovery of previously unavailable relevant evidence that could significantly impact the outcome.

      2. Appeals must be submitted in writing to the Superintendent within five calendar days after receiving notice of the resolution. 

      3. Upon receipt of a valid appeal, the Superintendent shall provide notice to the other party, along with an opportunity to provide a written statement within five calendar days.

      4. The Superintendent shall review the available documentation and may conduct further investigation if deemed appropriate.

      5. The Superintendent’s decision on the appeal shall be provided to the parties within 10 calendar days, if practicable.  The Superintendent’s decision shall be final.

E. Records

The AAO/Title IX Coordinator shall keep a written record of the complaint process.

Section 3.  Title IX Sexual Harassment Complaint Procedure

This section should be used only for complaints of Title IX sexual harassment as defined in Section 1.B.1. 

      1. School employees who have reason to believe that a student has been subjected to sexual harassment are required to promptly make a report to the AAO/Title IX Coordinator.

      2. Students, parents/legal guardians or other individuals who believe a student has been sexually harassed are encouraged to make a report to the AAO/Title IX Coordinator.

      3. If the individual making the report is the alleged victim, or if the alleged victim is identified by the individual making the report, the AAO/Title IX Coordinator will meet with the alleged victim to discuss supportive measures that may be appropriate in the particular circumstances and explain the process for filing a formal complaint.

             4. The school unit cannot provide an informal resolution process for resolving a report unless a formal complaint is filed.

             5. Individuals will not be retaliated against for reporting sexual harassment, or for participating in an investigation.                                 Retaliation is illegal under federal and state nondiscrimination laws, and any retaliation will result in disciplinary actions,                   up to and including discharge for employees, or expulsion for students.

             6. Any student (or their parent/legal guardian) who believes they have been the victim of sexual harassment is                                       encouraged to utilize the school unit’s complaint procedure. However, students (and their parents/legal guardians) are                     hereby notified that they also have the right to report sexual harassment to the Maine Human Rights Commission, 51                         State House Station, Augusta, Maine 04333 (telephone: 207-624-6290) and/or to the federal Office for Civil Rights,                         U.S. Department of Education, 5 Post Office Square, 8th Floor, Boston, MA  02109-3921 (telephone: 617-289-0111).

             7. The Superintendent shall be informed of all reports and formal complaints of sexual harassment.

B. How to Make A Formal Complaint

      1. An alleged student victim and/or their parent/legal guardian may file a formal written complaint requesting investigation of alleged Title IX sexual harassment.  The written complaint must include basic information concerning the allegation of sexual harassment (i.e., date, time, location, individual(s) who allegedly engaged in sexual harassment, description of allegation).

        Students who need assistance in preparing a formal written complaint are encouraged to consult with the AAO/Title IX          Coordinator. 

             2. In certain circumstances, the AAO/Title IX Coordinator may file a formal complaint even when the alleged victim                                 chooses not to.  Examples include if the respondent (person alleged to have engaged in sexual harassment) has been                       found responsible for previous sexual harassment or there is a safety threat within the school unit).  In such cases, the                     alleged victim is not a party to the case, but will receive notices as required by the Title IX regulations at specific points                   in the complaint process.

C. Emergency Removal or Administrative Leave

      1. The Superintendent may remove a student respondent from education programs and activities on an emergency basis during the complaint procedure:

    2. The Superintendent may place an employee respondent on administrative leave during the complaint procedure in                  accordance with any applicable State laws, school policies and collective bargaining agreement provisions.

    3. Any decision to remove a respondent from education programs and activities on an emergency basis or place an                    employee on administrative leave shall be made in compliance with any applicable disability laws, including the                        Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act and the Americans with Disabilities                Act. 

D. Notice to Parties of Formal Complaint

      1. The Title IX Coordinator will provide to the parties written notice of the formal complaint and allegations of sexual harassment potentially constituting prohibited conduct under the Title IX regulations and this procedure.  The notice shall include:

          • Notice regarding the complaint procedure and the availability of an informal resolution process;
          • Sufficient details known at the time (including identities of parties, if known; the conduct alleged that potentially violates Title IX; and the date and location of the alleged incident, if known), with sufficient time to prepare before any initial interview (not less than five calendar days);
          • As required by the Title IX regulations, a statement that the respondent is presumed not responsible for the alleged conduct and that a determination of responsibility will be made at the conclusion of the complaint; and that the parties may inspect and review evidence;
          • Notice that the parties may each have an advisor of their choice (who may be an attorney;
          • Notice that knowingly making false statements or submitting false information during the complaint process is prohibited and may result in disciplinary action;
          • Notice of the name of the investigator, with sufficient time (no less than three calendar days) to raise concerns of conflict of interest or bias.

E. Informal Resolution Process

After a formal complaint has been filed, and if the AAO/Title IX Coordinator believes the circumstances are appropriate, the AAO/Title IX Coordinator may offer the parties the opportunity to participate in an informal resolution process to resolve the complaint without completing the investigation and determination process.  Informal resolutions cannot be used to resolve a formal complaint where a student is the complainant and the respondent is an employee.

Informal resolutions can take many forms, depending on the particular case.  Examples include, but are not limited to, facilitated discussions between the parties; restorative justice; acknowledgment of responsibility by a respondent; apologies; disciplinary actions against a respondent or a requirement to engage in specific services; or supportive measures. Both parties must voluntarily agree in writing to participate in an informal resolution process, and either party can withdraw from the process at any time. The Superintendent must agree to the terms of any informal resolution reached between the parties.  If an informal resolution agreement is reached, it must be signed by both parties and the school unit.  Any such signed agreement is final and binding according to its terms. 

If an informal resolution process does not resolve the formal complaint, nothing from the informal resolution process may be considered as evidence in the subsequent investigation or determination.

F.    Investigation

      1. The complaint will be investigated by a trained internal or external individual designated by the Superintendent and AAO/Title IX Coordinator.  Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the Board, who should consult with legal counsel concerning the handling and investigation of the complaint.

      2. The investigator shall consult with the AAO/Title IX Coordinator as agreed  during the investigation process.

      3. If the complaint is against an employee of the school unit, rights conferred under an applicable collective bargaining agreement shall be applied, to the extent they do not conflict with the Title IX regulatory requirements.

      4. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.

      5. The investigator will:

    6. The investigation shall be concluded within 40 calendar days if practicable.  Reasonable extension of time for good                 reason shall be allowed.

G. Determination of Responsibility

      1. The decision maker shall provide the parties with the opportunity to submit written, relevant questions that the party wants asked of another party or witness within five calendar days of when the decision maker received the investigation report and party responses. 

   2. Each party shall be provided the opportunity to review the responses of another party and/or witness, and to ask                   limited written follow-up questions within five calendar days of receiving the answers.

   3. Each party will receive a copy of the responses to any follow-up questions.

             4. The decision maker shall review the investigation report, the parties’ responses and other relevant materials, applying                      the preponderance of the evidence standard (“more likely than not”). 

             5. The decision maker shall issue a written determination, which shall include the following:

              6. The written determination shall be provided to the parties simultaneously.  The determination concerning responsibility                     becomes final either on the date that the school unit provides the parties with the written determination of the results                       of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which the appeal would no longer be                                   considered timely.

H. Remedies, Discipline and Other Actions

Remedies are measures used to ensure that the complainant has equal access to the school unit’s education programs and activities following the decision maker’s determination.  Such remedies may include supportive measures, and may include other appropriate measures, depending upon the determination and the needs of the complainant.  The Title IX Coordinator is responsible for implementing remedies and providing any needed assistance to the Complainant.

The following are of the types of discipline and other actions that may be imposed on a student when there is a determination that they are responsible for one or more violations involving sexual harassment:

            • In or out of school suspension.

            • Expulsion.

            • Restorative justice.

            • Requirement to engage in education or counseling program.

The following are examples of the types of disciplinary actions that may be imposed on an employee when there is a determination that they are responsible for one or more violations involving sexual harassment:

            • Written warning.

            • Probation.

            • Demotion.

            • Suspension without pay.

            • Discharge.

The following are examples of other types of actions that may be imposed on an employee when there is a determination of responsibility:

            • Performance improvement plan.

            • Counseling.

            • Training.

            • Loss of leadership/stipend position.

The parties have the opportunity to appeal a determination regarding responsibility, and from dismissals of formal complaints.  Under the Title IX regulations, appeals are allowed on the following grounds:

      1. A procedural irregularity that affected the outcome of the matter;

      2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal of the formal complaint was made, that could affect the outcome of the matter; or

      3. The Title IX Coordinator, investigator, or decision maker had a conflict of interest or bias for or against complainants or respondents generally, or the individual complainant or respondent that affected the outcome of the matter.

An appeal must be filed in writing within five calendar days of receiving the determination, stating the grounds for the appeal and including any relevant documentation in support of the appeal.  Appeals submitted after this deadline are not timely and shall not be considered.

      1. Appeals must be filed with the Superintendent, who will consider the appeal.

      2. The Superintendent shall notify the other party in writing of the appeal and will allow both parties to submit a written statement in support of or challenging, the determination of the decision maker.

      3. The Superintendent shall conduct an impartial review of the appeal, including consideration of the written record of the matter, and may consult with legal counsel or other school unit officials in making their decision.

      4. The Superintendent shall issue a written decision describing the result of the appeal and rationale for the result, and provide the written decision simultaneously to the parties.  The decision will either deny the appeal; grant the appeal and remand to the decision maker for further consideration; or grant the appeal by revising the disciplinary or other action(s).

J. Records

Records in connection with sexual harassment reports and the complaint process shall be maintained for a minimum of seven years.

Americans with Disabilities Act (42 U.S.C. §12101 et seq., as amended; 28 C.F.R. § 35.107)

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

Title IX of the Education Amendments of 1972 (20 USC § 1681, et seq.); 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)

Title VI of the Civil Rights Act of 1964 (42 USC § 2000d)

Maine Human Rights Act, 5 MRSA § 4551 et seq.

20-A MRSA § 6553

MHRC/MDOE Joint Rule Chapter 94-348 and 05-071, Ch. 4

Cross Reference:

ACAA – Harassment and Sexual Harassment of Students

AC – Nondiscrimination/Equal Opportunity and Affirmative Action

ACAD – Hazing

GBEB – Staff Conduct with Students

JICK – Student Use of Cell Phones and Other Electronic Devices                                   

JICIA – Weapons, Violence and School Safety

JICK – Bullying


Policy Adopted: March 7, 2001

Policy Reviewed:  November 30, 2022

Policy Revised: January 5, 2005; March 4, 2009; July 18, 2018; December 18, 2019; November 18, 2020; April 27, 2022; June 18, 2025


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