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ACAB - Harassment of Employees

ACAB - HARASSMENTHarassment OFand EMPLOYEESSexual Harassment of School Employees

MSAD #35 prohibits harassmentHarassment of school employees onis theprohibited basisbased of:on:

    • RaceRace;

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

      Color;

    • Sex, sexual orientation, gender identity, sex stereotypes, sex characteristics, pregnancyidentity or related conditions;

    • Parental, family, or marital status;

    • Color;expression;

    • Religion; 

    • Ancestry or national origin; 

    • Age; 

    • Disability;Familial andstatus;

    • Genetic information.information; or 

    • Disability 

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

“Race” includes traits associated with race, including hair texture, Afro hairstyles, and protective hairstyles, including braids, twists, and locks.   

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 assault/battery,assault andand/or other unwelcome, offensive conductbattery based on therace, protectedcolor, categoriessex, listedsexual above.orientation, gender Harassmentidentity that rises to the level of physical assault, battery, and/or abuseexpression, isreligion, alsoancestry addressedor innational Boardorigin, Policyage, JICIAgenetic –information Weapons,or Violence and School Safety, and bullying conduct is also addressed in Board Policy GBGB – Workplace Bullying.disability.  Under the Maine Civil Rights Act, violence or threats of violence against a person or their property based on their sexual orientation isare also illegal.

B. Sexual/Sex-BasedSexual Harassment

Sexual Harassmentharassment and other forms of Sex-Based Harassment areis addressed under federal and state laws/laws and regulations.  The scope and definitions of sexual/sex-basedsexual harassment under these laws differ, as described below. 

  1. Sex-Based Harassment Under1. Title IX Sexual Harassment

Under the federal Title IX law and its accompanying regulations, sexual/sex-basedsexual harassment includes harassmentthe following conduct on the basis of sex, including sexual orientation, gender identity, sex stereotypes,which sextakes characteristics,place pregnancywithin orthe relatedcontext conditions,of thatthe is:school unit’s education programs and activities:

a. “Quid pro quo” sexual harassment by a school employee,employee: agent,Conditioning or other person authorized by thea school unit to provide an aid, benefit, or service under an education program or activity, explicitly or impliedly conditioning the provision of such aid, benefit,benefit or service (such as a promotion or favorable evaluation) on thean individual’s participation in unwelcome sexual conduct.conduct;

b. “Hostile environment” sexual harassment: Unwelcome sex-based conduct that, based on thesex totalitythat ofa thereasonable circumstances,person would determine is subjectivelyso severe, pervasive and objectively offense, and is so severe or pervasiveoffensive that it limits oreffectively denies an individual’s abilityequal access to participate in or benefit from the school unit’s education programprograms and activities; 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 violence,violence and stalking,stalking as these terms are defined in applicable federal laws/regulations.laws.

    2.

  1. Sexual Harassment Under Title VII and Maine Law

Under another federal law, Title VII, and under Maine law,law/regulations, sexual harassment is defined asdifferently. unwelcome Maine Human Rights Commission regulations define sexual advances,harassment requestsas forconduct sexualon favors,the andbasis otherof verbalsex which satisfies one or physical conductmore of a sexual nature in the following situations:following:

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 andor effect of substantiallyunreasonably interfering with an  employee’individual’s work performance,performance or createscreating an intimidating, hostile,hostile 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 ofregarding discrimination/harassment or sexual harassment of employees shall be addressed through ACAB-R1 – Discrimination and Harassment of Employees Complaint Procedure or ACAB-R2 –the Employee Sex& Third-Party Unlawful Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedure.Procedures (ACAB-R).



 

Title 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)

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

Section 504 of the Rehabilitation Act of 1973 (Section 504), (29 U.S.C. § 794,794 et seq.), 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 1965,1964 (42 U.S.C. §§ 2000e2000e, toet. 2000e-17, as amended byseq.;   29 C.F.R. § 1604.11.11)

Age Discrimination in Employment Act,Act (29 U.S.C. §§ 623-634.623 et seq.)

Genetic Information Nondiscrimination Act of 2008,2008 29 U.S.C. §§ 2000ff to 2000ff-11.

Pregnant Workers Fairness Act, (42 U.S.C. §§ 2000gg2000ff toet 2000gg-6.seq.)

Maine Human Rights Act, 5 M.R.S.A.MRSA §§ 4551-46344551 (2023).et seq.

 MHRC Rule Chapter 94-348, Ch. 3.

20-A M.R.S.A. § 1001(22) (2023).  3

26 M.R.S.A.MRSA §§ 806-807 (2017).

Cross Reference:Reference 

ACAB-R1 –R- Employee DiscriminationDiscrimination/Harassment and HarassmentTitle ComplaintIX Procedure

Sexual

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

JICIA – Weapons, Violence and School Safety

JIE – Pregnant Students

 

Policy Adopted: March 7, 2001

Policy Revised: January 5, 2005, March 4, 2009, March 1, 2017, July 18, 2018, December 18, 2019, November 18, 2020, April 27, 2022, December 21, 2022, November 20, 20242024; June 18, 2025

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