ACAB - Harassment of Employees

ACAB - HarassmentHARASSMENT andOF Sexual Harassment of School EmployeesEMPLOYEES

HarassmentMSAD #35 prohibits harassment of school employees 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; age,

  familial
status,
• genetic

  Age; information

  or
disability
• is

  Disability; prohibited.and

• Genetic information.

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.

Any employee who engages in harassment or sexual harassment shall be subject to disciplinary action, up to and including discharge.

A. Harassment   

Harassment includes, but is not limited to, verbal abuse, threats, physical assaultassault/battery, and/orand batteryother unwelcome, offensive conduct based on race,the color,protected sex,categories sexuallisted orientation,above. gender identity,Harassment religion,that ancestryrises to the level of physical assault, battery, and/or nationalabuse origin,is age,also geneticaddressed informationin orBoard disability.Policy JICIA – Weapons, Violence and School Safety, and bullying conduct is also addressed in Board Policy GBGB – Workplace Bullying.  Under the Maine Civil Rights Act, violence or threats of violence against a person or their property based on their sexual orientation areis also illegal.

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.

B. SexualSexual/Sex-Based Harassment

Sexual harassmentHarassment isand other forms of Sex-Based Harassment are addressed under federal and state laws and 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, sexualsexual/sex-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 promotion or favorable evaluation) 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 ACAB-R2 – Employee 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 Title VII and Maine Law

   
   

Under another federalMaine law, Title VII, and under Maine law/regulations, sexual harassment is defined differently.as  Maine Human Rights Commission regulations defineunwelcome sexual harassmentadvances, asrequests for sexual favors, and other verbal or physical conduct onof a sexual nature in the basisfollowing of sex which satisfies one or more of the following:situations:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or

c. Such conduct has the purpose orand effect of unreasonablysubstantially interfering with an individual’ employee’s work performanceperformance, or creatingcreates an intimidating, hostilehostile, or offensive working environment.

C. Reports and Complaints of Harassment or Sexual Harassment 

Any employee who believes they have been harassed or sexually harassed is strongly encouraged to make a report to the Affirmative Action Officer/Title IX Coordinator.

 

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

All reports and complaints regardingof harassment or sexual discrimination/harassment of employees shall be addressed through theACAB-R1 – Discrimination and Harassment of Employees Complaint Procedure or ACAB-R2 – Employee &Sex Third-Party Unlawful Discrimination / Harassment and Title IX Sexual Discrimination/Harassment Complaint Procedures (ACAB-R).Procedure.

Legal References

:

TitleLegal IX of the Education Amendments of 1972 (20 U.S.C. § 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 U.S.C. § 2000d) References:

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

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

Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681-1688, as amended by 34 C.F.R. § 106.

Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d to 2000d-7.

Title VII of the Civil Rights Act of 19641965, (42 U.S.C. §§ 2000e,2000e et.to seq.;2000e-17, as amended by 29 C.F.R. § 1604.11)11.

Age Discrimination in Employment ActAct, (29 U.S.C. §§ 623 et seq.)623-634.

Genetic Information Nondiscrimination Act of 20082008, (29 U.S.C. §§ 2000ff to 2000ff-11.

Pregnant Workers Fairness Act, 42 U.S.C. §§ 2000ff2000gg etto seq.)2000gg-6.

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

MHRC Rule Chapter 94-348, ch.Ch. 33.

20-A M.R.S.A. § 1001(22) (2023).  

26 MRSAM.R.S.A. §§ 806-807 (2017).

Cross Reference: 

ACAB-R-R1 – Employee and Third-Party Unlawful Discrimination/HarassmentDiscrimination and Title IX Sexual Harassment Complaint ProceduresProcedure

ACAB-R2 – Employee Sex Discrimination/Harassment Complaint Procedure

AC -– Nondiscrimination/Equal Opportunity and Affirmative Action

ACAA – Harassment of Students

ACAA-R1 – Student Discrimination and Harassment Complaint Procedure

ACAA-R2 – Student Sex Discrimination/Harassment Complaint Procedure

GBGB – Workplace Bullying

ACAD -– Hazing

GBEBAJICIA -– StaffWeapons, Conduct, EthicsViolence and AttireSchool Safety

JICKJIE -– BullyingPregnant Students

Transgender Students Guidelines

Policy Adopted:Adopted: March 7, 2001

Policy Revised:Revised: January 5, 2005, March 4, 2009, March 1, 2017, July 18, 2018, December 18, 2019, November 18, 2020, April 27, 2022, December 21, 20222022, November 20, 2024