NEPN/NSBA CODE: ACAA 

UNLAWFUL HARASSMENT AND SEXUAL HARASSMENT OF STUDENTS

Harassment of students because of race, color, sex, sexual orientation, gender identity, religion, ancestry, or national origin, or disability is prohibited.

Such conduct is a violation of the School Committee policy and may constitute illegal discrimination under state and/or federal laws.

School employees, fellow students, volunteers, visitors to schools, and other persons 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 sexual harassment of students by school employees are considered grounds for disciplinary action, up to and including discharge. Harassment and sexual harassment of students by other students are considered grounds for disciplinary action, up to and including expulsion. The Superintendent will determine appropriate sanctions for harassment of students by persons other than school employees and students.

 A. 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 School Committee Policies JICIA - Weapons, Violence and School Safety and JICK - Bullying.

B. Sexual Harassment 

Sexual Harassment is addressed under state and federal laws/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 district’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 better grade or a college recommendation) 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 the totality of the circumstances, is subjectively and objectively offensive, and is so severe or pervasive that it effectively denies an individual’s equal access to the school district’s education program or activities; or 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 or effect of substantially interfering with an individual’s academic performance or creating an intimidating, hostile, or offensive education environment. 

C. Reports and Complaints of Harassment 

All employees are required to report possible incidents of harassment or sexual harassment 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 involving students to the Affirmative Action Officer/Title IX Coordinator so 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 sexual harassment has occurred.

All reports and complaints of harassment or sexual harassment of students shall be addressed through the Student 

Discrimination and /Harassment and Title IX Sexual Harassment Procedures (ACAA-R).

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 20 U.S.C §§ 1681-1688 as amended by 34 C.F.R. § 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.

Maine Human Rights Act, 5 M.R.S.A. §§ 4551et seq. 20-A M.R.S.A. § 6553. 

MHRC/MDOE Joint Rule Chapter 94-348 and 05-071, ch. 4.

Cross Reference: ACAA-R-Student Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures

AC-Nondiscrimination/Equal Opportunity and Affirmative Action

ACAD - Hazing

GBEB-Staff Conduct with Students 

JFCK- Student Use of Cellular Telephones and Other Electronic  Devices 

JICIA- Weapons, Violence, and School Safety 

JICK- Bullying 

JIE-Pregnant Student

Adopted: June 7, 2000 

Revised: June 18, 2001 

Revised: June 19, 2006 

Reviewed: September 12, 2011 

Reviewed: November 3, 2014 

Revised: September 12, 2016 

Revised: November 19, 2018 

Revised: July 12, 2021 

Revised: January 30, 2023

Revised: September 23, 2024

Revised: May 6, 2025