Harassment of Students
NEPN/NSBA Code: ACAA
The Yarmouth School Department prohibits harassment of school students on the basis of:
Race (including traits associated with race involving hair texture, Afro hairstyles and protective hairstyles such as braids, twists, and locks);
Sex, sexual orientation, gender identity, sex stereotypes, sex characteristics, pregnancy or related conditions;
Parental, family, or marital status;
Color;
Religion;
Ancestry or national origin; and
Disability
Such conduct is a violation of School Committee policy and may constitute illegal discrimination under state and/or federal laws.
School employees, fellow students, volunteers, visitors to the schools, and other individuals with whom students may interact in order to pursue or engage in education programs and activities are required to refrain from such conduct.
A. Harassment
Harassment includes, but is not limited to, verbal abuse and other unwelcome offensive conduct based on 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/Sex-Based Harassment
Sexual harassment and other forms of Sex-Based Harassment are addressed under federal and state laws/regulations. The scope and definitions of sexual/sex-based harassment under these laws differ, as described below.
Sex-Based Harassment under Title IX
Under the federal Title IX law and its accompanying regulations, sex-based harassment includes harassment on the basis of sex, including sexual orientation, gender identity, sex stereotypes, sex characteristics, pregnancy, or related conditions that is:
“Quid pro quo” harassment by a school employee
:agent, or other person authorized by the school unit to provide aid, benefit or service (such as a better grade or a college recommendation) on an individual’s participation in unwelcome sexual conduct;“Hostile environment” harassment: Unwelcome sex-based conduct that based on the totality of the circumstances, is subjectively and objectively offensive, and is so severe or pervasive that it limits or denies an individual’s ability to participate in or benefit from the school unit’s education program or activity (i.e. creates a hostile environment). Whether a hostile environment has been created is a fact-based inquiry that includes consideration of a number of factors (identified in ACAA-R2 – Student Sex Discrimination /Harassment Complaint Procedure).
Sexual assault, dating violence, domestic violence, domestic violence and stalking as these terms are defined in applicable federal laws.
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:
Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s educational benefits;
Submission to or rejection of such conduct by a student is used as the basis for decisions on educational benefits; or
Such conduct has the purpose and effect of substantially interfering with a student’s academic performance or creates an intimidating, hostile or offensive environment.
Reports and Complaints of Harassment or Sexual Harassment
All school employees (except employees designated by the school unit as “confidential employees” in regard to sexual/sex-based harassment complaints) are required to report possible incidents of 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 that 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.
Reports of discrimination and harassment of students shall be addressed through Discrimination and Harassment of Students Complaint Procedure (ACAA-R). Reports of sex discrimination, including sexual/sex-based harassment, are addressed in ACAA-R2 - Student Sex Discrimination/Harassment Complaint Procedure.
Legal Reference:
Americans with Disabilities Act (42 U.S.C. §12101 et seq., as amended; 28 C.F.R. §35.107)
Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. § 794 et seq., as amended; 34 C.F.R. § 104.7)
Title IX of the Education Amendments of 1972 (20 USC § 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 USC § 2000d)
Maine Human Rights Act, 5 MRSA § 4551 et seq.
20-A MRSA § 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
ACAA-R1 – Student Discrimination and Harassment Complaint Procedure
ACAA-R2 – Student Sex Discrimination/Harassment Complaint Procedure
AC – Nondiscrimination/Equal Opportunity and Affirmative Action
ACAB – Harassment of Employees
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
Adopted: March 28, 2002
Revised: May 22, 2003, March 25, 2010, August 27, 2020, November 10, 2022, September 2024, October 10, 2024