NEPN/NSBA Code:  ACAB

HARASSMENT AND SEXUAL HARASSMENT OF SCHOOL EMPLOYEES

The Yarmouth School Department prohibits harassment of employees 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;

·         Age;

·         Disability; and

·         Genetic information.

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

 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. Under the Maine Civil Rights Act, violence against a person or their property based on their sexual orientation are also illegal.

 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.

 1.      Sex-Based Harassment Under Title IX

Under the federal Title IX law and its accompanying regulations, sexual/sex-based includes  harassment on the basis of sex, including sexual orientation, gender identity, sex stereotypes, sex characteristics, pregnancy, or related conditions, that is:

a.       “Quid pro quo” harassment by a school employee, agent, or other person authorized by the school unit 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” harassment: Unwelcome sex-based conduct that based on the totality of the circumstances, is subjectively and objectively offense, 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 ACAB-R2 – Employee Sex Discrimination/Harassment Complaint Procedure).

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

 2.   Sexual Harassment Under Title VII and 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 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 substantially interfering with an employee’s work performance, or creates an intimidating, hostile or offensive working environment.

 C.     Reports and Complaints of Harassment or Sexual Harassment

Any employee who believes they have been harassed or sexually harassed is 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.

 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 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.)

Pregnant Workers Fairness Act, 42 U.S.C §§ 2000gg to 2000gg-6

5 MRSA § 4551 et seq.

MHRC Rule Chapter 94-348, ch.3

26 MRSA §§ 806-807

 Cross Reference         

ACAB-R1- Employee Discrimination and Harassment Complaint Procedure

ACAB-R2- Employee Sex Discrimination/Harassment Complaint Procedure

AC - Nondiscrimination/Equal Opportunity and Affirmative Action

ACAA Harassment of Students

ACAA-R1- Student Discrimination and Harassment Complaint Procedure

ACAA-R2- Student Sex Discrimination/Harassment Complaint Procedure

ACAD – Hazing

GBGB – Workplace Bullying

JICA – Weapons, Violence and School Safety

JIE – Pregnant Students

Adopted: March 28, 2002

Revised:  March 25, 2010, August 27, 2020, November 10, 2022, October 10, 2024