NEPN/NSBA CODE: ACAB 

HARASSMENT OF EMPLOYEES

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

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

A. Harassment

Harassment includes, but is not limited to, verbal abuse, threats, physical assault, and/or battery, based on the protected categories listed above. 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 state and federal laws and regulations. The scope and definitions of sexual harassment under these laws differ, as described below.  

1. Sexual Harassment Under Title IX 

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, agent, or other person authorized by the school district to provide 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 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, or pervasive, and objectively offensive that it limits or denies an individual’s ability to participate in or benefit from the school district’s education programs and activities (i.e., creates a hostile environment).  

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

2.  Sexual Harassment Under Title VII and Maine Law

 Under another federal law, Title VII, and 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 individual’s employment; 

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

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

C. Reports and Complaints of Harassment or Sexual Harassment 

Any employee who believes they have been harassed or sexually harassed is strongly encouraged to make a report to the Affirmative Action Officer/Title IX Coordinator. 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 regarding harassment or sexual harassment of employees shall be addressed through ACAB-R -Employee Sex Discrimination/Harassment Complaint Procedure.

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; 34 C.F.R. § 104.7.

Title IX of the Education Amendments of 1972 (Title IX) 20 U.S.C. §§1681-1688, as amended by 34 C.F.R. § 106.

Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d to 2000d-7.

Title VII of the Civil Rights Act of 1965, 42 U.S.C. §§2000e to 2000e-17, as amended by 29 C.F.R. §1604.11.

Age Discrimination in Employment Act, 29 U.S.C. §§ 623-634 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)

Genetic Information Nondiscrimination Act of 2008, 29 U.S.C. §§ 2000ff to 2000ff-11. 

Maine Human Rights Act, 5 MRSA §§ 4551.

MHRC Rule Chapter 94-348, ch. 3.

26 MRSA §§ 806-807 (2017).

Cross Reference 

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

AC - Nondiscrimination/Equal Opportunity and Affirmative Action

ACAD – Hazing 

JIE - Pregnant Students

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 

Reviewed: July 12, 2021

Revised: January 30, 2023

Revised: September 23, 2024

Revised: May 5, 2025