ACAB

NEPN/NSBA Code: ACAB

UNLAWFUL HARASSMENT AND SEXUAL HARASSMENT  OF SCHOOL EMPLOYEES 

Harassment of school employees because of race (including traits associated with race involving  hair texture, Afro hairstyles and protective hairstyles such as braids, twists, and locs); color; sex; sexual orientation; gender identity; pregnancy or related conditions; familial status; religion; ancestry or national origin; age; disability; or genetic information is prohibited. Such conduct is a violation of Board 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 race (including traits associated with race involving hair texture, Afro hairstyles and  protective hairstyles such as braids, twists, and locs); color; sex; sexual orientation; gender  identity; pregnancy or related conditions; familial status; religion; ancestry or national origin; age; disability; or genetic information. 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 federal and state laws and 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 unit’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 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, pervasive and  objectively offensive that it effectively denies an individual’s equal access to  the school unit’s education programs and activities; or 

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 another federal law, Title VII, and under 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: 

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NEPN/NSBA Code: ACAB 

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  individual’s work performance or creating 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. 

All reports and complaints regarding harassment or sexual harassment of employees shall be  addressed through the Employee Discrimination/Harassment and Title IX Sexual Harassment  Complaint Procedures (ACAB-R). 

Legal References:  

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 (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. 

Genetic Information Nondiscrimination Act of 2008, 29 U.S.C. §§ 2000ff to 2000ff-11. Pregnant Workers Fairness Act, 42 U.S.C. §§ 2000gg to 2000gg-6. 

Maine Human Rights Act, 5 M.R.S.A. §§ 4551-4634 (2023). 

MHRC Rule Chapter 94-348, ch. 3. 

20-A M.R.S.A. § 1001(22) (2023).  

26 M.R.S.A. §§ 806-807 (2017). 

Cross References: 

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

AC - Nondiscrimination/Equal Opportunity and Affirmative Action  ACAD - Hazing

Adopted: October 19, 2000

Revised:  April 26, 2007

      October 21, 2010

      December 4, 2014

      November 7, 2019  

      March 18, 2021

      December 18, 2025