Mount Desert Island High School recently adopted a significantly revised policy (ACAA) regarding Harassment and Sexual Harassment of students. This policy prohibits discrimination against or harassment of students on the basis of race, color, sex, sexual orientation, gender identity, religion, ancestry, national origin, language, genetic information, pregnancy/family status, or disability (mental or physical) as well as a broad array of sexualized communication and behavior that are unwelcome to the recipient or observer.
A link to an anonymous reporting form is below and formal complaints can be initiated through MDIRSS affirmative action liaison: Rhonda Fortin, pk-6 Director of Teaching and Learning - 288-5049
Discrimination & Harassment Complaint Form
Discrimination/Harassment Complaint Procedure Reference (ACAA - R 2.A)
Complaint Procedure
Complainant or Witness reports alleged discrimination promptly to the AAO/Title IX Coordinator, Principal / Guidance counselor, or a school employee of their choice who must report it to the AAO/Title IX coordinator.
The report must include the date, time, location, alleged individuals Involved, and description of the incident.
Retaliation against the complainant shall not occur. Retaliation is illegal under federal and state nondiscrimination laws, and any retaliation will result in disciplinary action, up to and including discharge for employees and expulsion for students.
Incidents of harassment That occur off campus that are sufficiently serious to interfere with or limit the targeted student’s ability to participate in or benefit from the education program will be addressed through this procedure.
Within one day (24 hours) of receiving a report or otherwise becoming aware of harassment, discrimination, or sexual harassment, District AAO/Title IX Coordinator or designee shall quickly schedule an intake meeting with the alleged victim(s).
The investigation shall be completed within 40 calendar days.
If requested by the student(s) or required by law, the school Principal / Guidance counselor, District AAO/Title IX Coordinator or designee shall inform their parent(s) or guardian(s) of the report and invite them to attend the scheduled intake meeting. In all cases, the student(s) shall be informed that they may bring an advisor their choice with them to the meeting.
District AAO/Title IX Coordinator must implement supportive measures when needed to reduce the risk of further discrimination or harassment to a student while an investigation is pending.
Actions and Findings
1. If there is a finding that discrimination or harassment occurred, the District AAO/Title IX Coordinator, in consultation with the Superintendent or designee shall:
a. Determine what remedial action, if any, is required to end the
discrimination or harassment, remedy its effect and prevent
recurrence; and
b. Examples of remedial and disciplinary actions include but are not limited to: Opportunity for additional education, service learning, restorative justice processes, restitution, accommodations such as changing schedules, no contact orders, and in the most severe cases, suspension or expulsion.
3. Inform the complainant and the respondent in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).
Appeal
The complainant or respondent may seek an appeal of the findings.
Appeals must be submitted in writing to the Superintendent within five business days after receiving notice of the resolution.
The Superintendent’s decision on the appeal shall be provided to the parties within 10 business days. The Superintendent’s decision is final.
Sexual Harassment Complaint Procedure Quick Reference (ACAA-R 3.A)
Reporting
Employees are required to report within 24 hours to the District AAO/Title IX Coordinator and/or to the school Principal/Guidance counselor.
Students, Parents, Guardians or other individuals who suspect sexual harassment has occurred are encouraged to make a report to the District AAO/Title IX Coordinator and/or school Principal/Guidance counselor.
If the individual making the report is the alleged victim, the District AAO/Title IX Coordinator will discuss supportive measures that may be appropriate. The student may elect to have a school employee of their choosing or other advisor present for this discussion and throughout the process.
The school unit cannot provide an informal resolution process for resolving a report unless a formal complaint is filed.
Retaliation against the complainant shall not occur. Retaliation is illegal under federal and state nondiscrimination laws, and any retaliation will result in disciplinary action, up to and including discharge for employees, and expulsion for students.
Formal Complaints
An alleged student victim and/or their parent/legal guardian may file a formal written complaint requesting an investigation. The written complaint must include the date, time, location, individual(s) who allegedly engaged in sexual harassment, and description of the allegation.
In certain circumstances, the District AAO/Title IX Coordinator may file a formal complaint even when the alleged victim chooses not to. Examples include if the respondent (person alleged to have engaged in sexual harassment) has been found responsible for previous sexual harassment
Notice of Formal Complaint
The District AAO/Title IX Coordinator will provide to the parties written notice of the formal complaint and allegations of sexual harassment
The District AAO/Title IX Coordinator will discuss supportive measures with each party and implement such measures as appropriate.
Informal Resolution Process
If the District AAO/Title IX Coordinator believes the circumstances are appropriate, they may offer the parties the opportunity to participate in an informal resolution process to resolve the complaint without completing the investigation and determination process. Informal resolutions cannot be used to resolve a formal complaint where a student is the complainant and the respondent is an employee.
Investigation, Responsibility, Remedies
The complaint will be investigated by a trained internal or external individual designated by the Superintendent and District AAO/Title IX Coordinator. The investigation shall be concluded within 40 calendar days if practicable. Reasonable extension of time for good reason shall be allowed.
The decision maker shall allow the parties to submit written, relevant questions that the party wants asked of another party or witness within five calendar days of when the decision maker received the investigation report.
The decision maker shall review the investigation report, the parties’ responses and other relevant materials, applying the preponderance of the evidence standard (“more likely than not”).
Written determination shall be provided to the parties simultaneously.
Potential remedies - Students - In or out of school suspension, Expulsion, Restorative justice, Requirement to engage in education or counseling program.
Potential remedies - Staff - Written warning, Probation, Demotion, Suspension without pay, Discharge
Appeals
The parties have the opportunity to appeal a determination regarding responsibility.
An appeal must be filed in writing within five calendar days of receiving the determination, stating the grounds for the appeal and including any relevant documentation in support of the appeal.