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Policy ACAB

Harassment and Sexual Harassment of School Employees

Harassment of school employees because of  actual or perceived race, color, sex, sexual orientation, gender identity or expression, religion, ancestry or national origin, age, familial status, disability, or genetic information are prohibited. Such  conduct is a violation of Board policy and may constitute illegal discrimination under state and  federal laws. 

For the purpose of this policy, “race” includes traits associated with race, including but not limited to, 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. 

  1. Harassment 

Harassment includes but is not limited to verbal abuse, threats, physical assault and/or  battery based on actual or perceived race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, disability, or genetic information. Under the Maine Civil Rights Act,  violence or threats of violence against a person or their property based on their sexual  orientation are also illegal. 

  1. Sexual Harassment 

Sexual harassment is addressed under federal and state laws and regulations. The scope and definitions of sexual harassment under these laws differ, as described below. 

  1. Title IX 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. “Quid pro quo” sexual harassment by a school employee: Conditioning a school aid, benefit or service (such as a promotion or favorable evaluation) on an individual’s  participation in unwelcome sexual conduct; 

  2. “Hostile environment” sexual harassment: Unwelcome conduct based on sex that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively  denies an individual’s equal access to the school unit’s education programs and activities; or 

  3. Sexual assault, dating violence, domestic violence and stalking  as these terms are defined in federal laws. 

  1. Sexual Harassment Under Title VII and Maine Law 

Under another federal law, Title VII, and under Maine law/regulations, sexual harassment is defined differently. Maine Human Rights Commission regulations define sexual harassment as conduct on the  basis of sex which satisfies one or more of the following:

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

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

  3. Such conduct has the purpose or effect of unreasonably  interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. 

  1. Reports and Complaints of Harassment or Sexual Harassment 

Any employee who believes they have been harassed or sexually harassed is encouraged to make a report to the Affirmative Action Officer or the Title IX  Coordinator. The Affirmative Action Officer or the 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 regarding harassment or sexual harassment of  employees shall be addressed through the Employee & Third-Party Unlawful  Discrimination/ Harassment and Title IX Sexual Harassment Complaint Procedures (ACAB-R). 

Legal References 

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 (42 U.S.C § 12101 et seq.), as amended 

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

Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et. seq.; 29 C.F.R. § 1604.11) 

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

Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. §  2000ff et seq.) 

5 MRSA § 4551 et seq. 

MHRC Rule Chapter 94-348, ch. 3 

26 MRSA §§ 806-807 


Cross Reference 

ACAB-R- Employee Discrimination/Harassment and Title IX  Sexual Harassment Complaint Procedure 

AC - Nondiscrimination/Equal Opportunity and Affirmative Action 

ACAD – Hazing 


Adopted: May 14, 2001 

Revised: November 8, 2004 

Revised: November 14, 2012 

Revised September 16, 2020

Revised: November 14, 2022

Revised: December 11, 2023

 *Please excuse any formatting errors.