File: ACAA:  Student Protection from Harassment and Sexual Harassment

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M.S.A.D. No. 75 is committed to providing a safe, orderly and respectful school environment that is conducive to teaching and learning where every student is entitled to respect, as an individual, from all other members of the school community. The District also believes that promoting ethical and responsible behavior is an essential component of its mission to develop "critical thinkers and creative contributors to our society." Consequently, the District seeks to prevent and prohibit harassing behaviors. Harassment or ridicule of students because of race, color, sex, sexual orientation, religion, ancestry or national origin, or disability is prohibited. Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws.

Harassment
Harassment includes but is not limited to verbal abuse based on race, color, sex, sexual orientation, religion, ancestry or national origin, or disability. Harassment that rises to the level of physical assault, battery and/or abuse is also addressed in the Board policies JICK and JICIA.

Sexual Harassment
Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors or pressure to engage in sexual activity, physical contact of a sexual nature, gestures, comments, or other physical, written or verbal conduct that is gender-based that interferes with a student’s education. School employees, fellow students, volunteers and visitors to the school, and other persons with whom students may interact in order to pursue school activities are required to refrain from such conduct.

Harassment/sexual harassment of students by school employees is considered grounds for disciplinary action, up to and including discharge. Harassment/sexual harassment of students by other students is 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.

The Superintendent or his/her designee will investigate complaints of harassment in accordance with the District Complaint Procedure as articulated in Student Protection from Bullying JICK. This procedure has been adopted by the Board in order to provide a method of prompt and equitable resolution of student complaints of bullying, discrimination or harassment as described in policies JB Affirmative Action, JICIA Weapons, Violence and School Safety, JICK Student Protection from Bullying, and ACAA - Harassment and Sexual Harassment of Students.
School employees, students, and parents shall be informed of this policy/procedure through handbooks and/or other means selected by the school administration.

Legal Reference: Americans with Disabilities Act (28 CFR § 35.07)
Section 504 of the Vocational Rehabilitation Act (34 CFR § 104.7)
Title IX of the Education Amendments of 1972 (20 SC § 1681 et seq.)
Title VI of the Civil Rights Act of 1964 (PL 88-352)
20 USC § 1232g;
34 CFR Part 99
5 MRSA §§ 4571; 4602; 4681 et seq.
20-A MRSA §§ 6001 et seq.
Cross Reference: JB- Nondiscrimination/Equal Opportunity and Affirmative Action
ACAA - Harassment and Sexual Harassment of Students
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