File: ACAA-2024 – Harassment and Discrimination of Students
M.S.A.D. No. 75 prohibits harassment and discrimination of students on the basis of:
- 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, sex stereotypes, sex characteristics, pregnancy or related conditions;
- Parental, family, or marital status;
- Color;
- Religion;
- Ancestry or national origin; and
- Disability.
Such conduct is a violation of Board policy and may constitute illegal discrimination under state and/or federal laws.
This policy applies to prohibit harassment and discrimination of students who attend M.S.A.D No. 75 schools to which the U.S. Department of Education’s 2024 Title IX Final Rule applies (34 C.F.R Part 106, Federal Register Vol. 89 No. 83, April 29, 2024, p. 33474). Policy ACAA-2020 applies to prohibit harassment of students who attend M.S.A.D. No. 75 schools to which the U.S. Department of Education’s 2020 Title IX Final Rule applies (34 C.F.R. Part 106, Federal Register Vol. 85 No. 97, May 19, 2020, p. 30026).
School employees, fellow students, volunteers, visitors to the schools, and other individuals with whom students may interact in order to pursue or engage in education programs and activities, are required to refrain from such conduct.
Harassment and discrimination of students by school employees is considered grounds for disciplinary action, up to and including termination of employment. Harassment and discrimination of students by other students is considered grounds for disciplinary action, up to and including expulsion. The Superintendent will determine appropriate sanctions for harassment and discrimination of students by persons other than school employees and students.
Inquiries about this policy may be referred to the Affirmative Action Officer/Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both.
A. Discrimination
“Discrimination”: Treating individuals differently or interfering with or preventing them from enjoying the advantages or privileges afforded to others, because of their membership in a protected category. M.S.A.D. No. 75 does not discriminate and prohibits discrimination in any education program or activity that it operates as required by Title IX and its regulations, including in admission and employment.
B. Harassment
Harassment includes, but is not limited to, verbal abuse and other unwelcome, offensive conduct based on the protected categories listed above. Harassment that rises to the level of physical assault, battery, and/or abuse, and/or bullying behavior are also addressed in Board Policies JICIA – Weapons, Violence and School Safety and JICK – Bullying.
C. Sexual/Sex-Based Harassment
Sexual Harassment and other forms of Sex-Based Harassment are addressed under federal and state laws/regulations. The scope and definitions of sexual/sex-based harassment under these laws differ, as described below.
1. Sex-Based Harassment Under Title IX
Under the federal Title IX law and accompanying regulations, sex-based harassment includes harassment on the basis of sex, including sexual orientation, gender identity, sex stereotypes, sex characteristics, pregnancy or related conditions, that is:
a. "Quid pro quo" harassment by a school employee, agent, or other person authorized by the school district to provide an aid, benefit, 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 college recommendation) on the individual’s participation in unwelcome sexual conduct.
b. "Hostile environment" harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offense, and is so severe or pervasive that it limits or denies an individual’s ability to participate in or benefit from the school district’s education 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. Factors to consider in regard to the creation of a "hostile environment": (i) the degree to which the conduct affected the complainant’s ability to access M.S.A.D. No. 75’s education program or activity; (ii) the type, frequency, and duration of the conduct; (iii) the parties' ages, roles within M.S.A.D. No. 75’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct; (iv) the location of the conduct and the context in which the conduct occurred; and (v) other sex-based harassment in M.S.A.D. No. 75's education program or activity."
c. Sexual assault, dating violence, domestic violence, and stalking, as these terms are defined in applicable federal laws/regulations.
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 performance, or creates an intimidating, hostile, or offensive environment.
D. Reports and Complaints of Harassment
All employees are required to report possible incidents of harassment or discrimination involving students to the Affirmative Action Officer/Title IX Coordinator. Failure to report such incidents may result in disciplinary action.
Students, parents/legal guardians, and other individuals are strongly encouraged to report possible incidents of harassment or discrimination involving students to the Affirmative Action Officer/Title IX 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 or discrimination has occurred.
Reports or complaints of discrimination and harassment of students shall be addressed through procedures promulgated by the Superintendent or their designee. School employees, students, and parents shall be informed of this policy and such procedures through means selected by the M.S.A.D. No. 75 administration.
LEGAL REFERENCE:
- Americans with Disabilities Act, 42 U.S.C. §§ 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, as amended by 34 C.F.R. § 104.7
- Title IX of the Education Amendments of 1972 (Title IX), 20 USC §§ 1681-1688, as amended by 34 C.F.R. § 106
- Title VI of the Civil Rights Act of 1964 (42 USC § 2000d)
- Maine Human Rights Act, 5 MRSA § 4551-4634 (2023)
- 20-A MRSA § 6553 (2019)
- MHRC/MDOE Joint Rule Chapter 94-348 and 05-071, ch. 4
CROSS REFERENCE:
- AC – Nondiscrimination/Equal Opportunity and Affirmative Action
- ACAA-2020 – Harassment and Sexual Harassment of Students
- ACAAA – Transgender and Gender Expansive Students
- ACAD – Hazing
- GBEBB – Staff Conduct with Students
- JFCK – Student Use of Cellular Telephones and Other Electronic Devices
- JICIA – Weapons, Violence and School Safety
- JICK – Bullying
- JIE - Pregnant Students
- JFF – Married Students
- https://link75.org/about/title-ix
FIRST READING: August 10, 2006
SECOND READING: August 23, 2006
ADOPTION: August 23, 2006
REVISION, FIRST READING: June 28, 2018
REVISION, SECOND READING: July 12, 2018
REVISION, ADOPTION: July 12, 2018
REVISION, FIRST READING: October 8, 2020
REVISION, SECOND READING: October 22, 2020
REVISION, ADOPTION: October 22, 2020
REVISION, FIRST READING: September 28, 2023
REVISION, SECOND READING: October 12, 2023
REVISION, ADOPTION: October 12, 2023
REVISION, FIRST READING: September 19, 2024
REVISION, SECOND READING: October 3, 2024
REVISION, ADOPTION: October 3, 2024