HARASSMENT AND SEXUAL HARASSMENT OF SCHOOL EMPLOYEES

Harassment of school employees is prohibited.  Such conduct is a violation of School Committee policy and may constitute illegal discrimination under state and federal laws.

A. Harassment

Harassment includes but is not limited to verbal abuse, threats, physical assault and /or battery based on race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, genetic information or disability.  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.

B. 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:

   A. “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;

   B. “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

   C. Sexual assault, dating violence, domestic violence and stalking as 

these items are defined in federal laws.

 2. 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:

  A. Submission to such conduct is made either explicitly or implicitly a 

term or condition of an employee’s work environment or employee benefits;

 B. Submission to or rejection of such conduct by an employee is used as

the basis for decisions on employment benefits; or

 C. 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.

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

All complaints of harassment will be investigated in accordance with the Harassment and Sexual Harassment of School Employees Complaint Procedure.

Notice and Training

Annually, each employee shall receive a copy of this policy and Sexual Harassment of School Employees Complaint Procedure.  This may be accomplished by including the policy/procedure with employee paychecks or by using other appropriate means to ensure that each employee receives a copy.  All newly hired employees shall be provided training about sexual harassment in accordance with Maine law.

The Superintendent/Principal is responsible for ensuring that the school unit complies with all legal requirements for posting, notification and training of employees regarding harassment and sexual harassment.

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 Vocational 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- Sexual Harassment of School Employees Complaint Procedure

    AC - Nondiscrimination/Equal Opportunity and Affirmative Action

    ACAD - Hazing

    GBGB - Workplace Bullying

Adopted:  March 15, 2001

Revised:  December 9, 2021