Policy Manual

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Policy ACAA-R

The South Portland Board has adopted these student procedures in order to provide prompt and equitable  resolution of reports and complaints of unlawful discrimination and harassment of students, including sexual harassment, as described in policies AC – Nondiscrimination/Equal Opportunity and Affirmative Action and ACAA – Harassment and Sexual Harassment of Students.  

Complaints alleging unlawful harassment or discrimination against employees based on a protected  category should be addressed through the Board’s Employee Discrimination/Harassment and Title IX  Sexual Harassment Complaint Procedures (ACAB-R). 

Any individual who is unsure about whether unlawful discrimination or harassment has occurred and/or which complaint procedure applies is encouraged to contact the Affirmative Action Officer or the Title IX  Coordinator. 

Kathleen Cox, Director of Instructional Support/ Title IX Coordinator 

120 Wescott Road 

South Portland, Maine 04106  

871-0555 x3006 

coxk@spsdme.org 

Director of Finance and Human Resources/Affirmative Action Officer  

120 Wescott Road 

South Portland, Maine 04106 

207-871-0555 x 3003 

1. Definitions 

For purposes of these complaint procedures, the following definitions will be used. The Affirmative  Action Officer or Title IX Coordinator shall assess all reports and complaints to ensure that they are  addressed under the appropriate policy and complaint procedure. 

1. Discrimination/Harassment Complaint Procedure Definitions 

1. “Discrimination or harassment”: Discrimination or harassment on the basis of an individual’s membership in a protected category, which, for students, includes actual or perceived race, color, sex, sexual orientation, gender identity or expression, religion, ancestry, physical or mental disability, or national origin are prohibited. Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws. For the purpose of this policy, “race” includes traits associated with race, including but not limited to, hair texture, Afro hairstyles, and protective hairstyles, including braids, twists, and locs. 

   
   

2. “Discrimination”: Treating individuals differently, or interfering with or preventing them from enjoying the advantages or privileges afforded to others because of their membership in a protected category.  

1. “Harassment”: Oral, written, graphic, electronic or physical conduct relating to an individual’s actual or perceived membership in a protected category that is sufficiently severe, pervasive or persistent so as to interfere with or limit that individual’s ability to participate in the school unit’s programs or activities by creating a hostile, intimidating or offensive environment.  

4. “Sexual harassment”: Under Maine law, this means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the following situations:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s educational benefits; 

2. Submission to or rejection of such conduct by a student is used as the basis for decisions on educational benefits; or 

3. Such conduct has the purpose and effect of substantially interfering with a student’s academic performance or creates an intimidating, hostile or offensive environment. 

5. “Sexual orientation”: Under Maine law, this means a person’s “actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression.”  

6. “Gender identity”: Under Maine law, this means “the gender-related identity,  appearance, mannerisms or other gender-related characteristics of an individual,  regardless of the individual’s assigned sex at birth.”  

7. “Complaint” is defined as an allegation that a student has been discriminated against or harassed on the basis of race, color, sex, sexual orientation, gender identity, religion, ancestry, national origin or disability (and not otherwise  addressed in the Title IX regulations and Section 3 of ACAA-R).  

8. Complaints of bullying not involving the protected categories or definitions described above may be addressed under Board Policy JICK – Bullying and Cyberbullying of Students. 

2. Title IX Sexual Harassment Complaint Procedure Definitions 

1. “Sexual Harassment”: Under the federal Title IX regulations, sexual harassment includes thefollowing conduct on the basis of sex which takes place within the context of the school unit’s education programs and activities: 

1. “Quid pro quo” sexual harassment by a school employee: Conditioning a school aid, benefit or service (such as a better grade or a college recommendation) on an individual’s participation in unwelcome sexual conduct; 

2. “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 

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

2. “Report”: Under the Title IX regulations, any individual may make a report of sexual harassment involving a student, whether the individual is the alleged victim or not. School employees are required to report possible incidents of  sexual harassment involving a student. A report must be made to the Title IX  Coordinator. A report triggers certain actions by the Title IX Coordinator for the  alleged victim of sexual harassment, but an investigation is not conducted unless a“Formal Complaint”is filed. 

3. “Formal Complaint”: Under the Title IX regulations, the alleged victim of sexual harassment can file a written complaint that triggers the complaint procedure in  Section 3 of ACAA-R. Only a student and/or their parent/legal guardian (and in  certain circumstances, the Title IX Coordinator) may file a formal complaint. “Student”: For the purposes of this procedure, a student is an individual who is enrolled or participating in the school unit’s education programs and activities, or  is attempting to enroll or participate. 

2. DISCRIMINATION/HARASSMENT COMPLAINT PROCEDURE 

This procedure should be used for any complaint of unlawful harassment or discrimination complaint  based on a protected category which does not involve Title IX sexual harassment (which is addressed in  Section 3).  

1. How to Make A Complaint 

1. School employees are required to promptly make a report to the AAO or the Title  IX Coordinator if they have reason to believe that a student has been discriminated against or harassed. 

2. Students (and others) who believe that they, or another student has been harassed  or discriminated against should report their concern promptly to the AAO or the Title IX Coordinator.  

3. The individual making the report must provide basic information in writing  concerning the allegation of harassment or discrimination (i.e., date, time, location, individual(s) who allegedly engaged in harassment or discrimination, description of allegation) to the AAO or the Title IX Coordinator. 

4. If an individual is unsure as to whether unlawful discrimination or harassment  has occurred, or who need assistance in preparing a written complaint, they are encouraged to discuss the matter with the AAO or the Title IX Coordinator.  

5. Individuals will not be retaliated against for reporting suspected discrimination or  harassment, or for participating in an investigation. Retaliation is illegal under federal and state nondiscrimination laws, and any retaliation will result in  disciplinary action, up to and including discharge for employees, and expulsion for students. 

6. Individuals are encouraged to utilize the school unit’s complaint procedure.  However, individuals are hereby notified that they also have the right to report incidents of discrimination or harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333 (telephone: 207- 624-6290) and/or to the federal Office for Civil Rights, U.S. Department of  Education, 5 Post Office Square, 8th Floor, Boston, MA 02109-3921 (telephone:  617-289-0111). 

2. Complaint Handling and Investigation 

1. The AAO or the Title IX Coordinator will promptly inform the Superintendent  and the person who is the subject of the complaint (respondent) that a complaint  has been received. 

2. The AAO or the Title IX Coordinator may pursue an informal resolution of the  complaint with the agreement of the parties involved. Any party to the complaint  may decide to end the informal resolution process and pursue the formal process at any point. Any informal resolution is subject to the approval of the parties and the Superintendent, who shall consider whether the resolution is in the best interest of the school unit and the parties in light of the particular circumstances  and applicable policies and laws.

3. The AAO or the Title IX Coordinator may implement supportive measures to a student to reduce the risk of further discrimination or harassment to a student while an investigation is pending. Examples of supportive measures include, but are not limited to, ordering no contact between the individuals involved or changing classes. 

4. The complaint will be investigated by a trained internal or external individual designated by the Superintendent and the AAO or the Title IX Coordinator. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the  Board, who should consult with legal counsel concerning the handling and investigation of the complaint. 

5. The investigator shall consult with the AAO or the Title IX Coordinator as  agreed during the investigation process. 

6. The respondent will be provided with an opportunity to be heard as part of the  investigation. The complainant shall not be required to attend meetings with the  respondent, but may choose to do so as part of an informal resolution process. 

7. The complainant and the respondent may suggest witnesses to be interviewed  and/or submit materials they believe are relevant to the complaint. 

8. If the complaint is against an employee of the school unit, any rights conferred under an applicable collective bargaining agreement shall be applied.  

9. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws. 

10. The investigation shall be completed within 40 school days of receiving the complaint, if practicable. Reasonable extensions of time for good reason shall be allowed. 

11. The investigator shall provide a written report and findings to the AAO or the Title IX Coordinator. 

3. Findings and Subsequent Actions 

1. The AAO or the Title IX Coordinator shall consult with the Superintendent  concerning the investigation and findings. 

2. If there is a finding that discrimination or harassment occurred, the AAO or the Title IX Coordinator, in consultation with the Superintendent shall: 

1. Determine what remedial action, if any, is required to end the discrimination or harassment, remedy its effect and prevent recurrence; and 

2. Determine what disciplinary action should be taken against the individual(s) who engaged in discrimination or harassment, if any. 

3. Inform the complainant and the respondent in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).

4. Appeals 

1. After the conclusion of the investigation, the complainant or respondent may seek an appeal of the findings solely on the basis of either: 

1. prejudicial procedural error or

2. the discovery of previously unavailable relevant evidence that could   significantly impact the outcome.  

2. Appeals must be submitted in writing to the Superintendent within five school days after receiving notice of the resolution.  

3. Upon receipt of a valid appeal, the Superintendent shall provide notice to the other party, along with an opportunity to provide a written statement within five school days. 

4. The Superintendent shall review the available documentation and may conduct further investigation if deemed appropriate.  

5. The Superintendent’s decision on the appeal shall be provided to the parties within 10 school days, if practicable. The Superintendent’s decision shall be final.  

5. Records 

The AAO or the Title IX Coordinator shall keep a written record of the complaint  process. 

3. TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURE 

This section should be used only for complaints of Title IX sexual harassment as defined in Section 1.B.1. 

1. How to Make A Report 

1. School employees who have reason to believe that a student has been subjected to sexual harassment is required to promptly make a report to the Title IX Coordinator. 

2. Students, parents/legal guardians or other individuals who believe a student has been sexually harassed are encouraged to make a report to the Title IX Coordinator. 

3. If the individual making the report is the alleged victim, or if the alleged victim is  identified by the individual making the report, the Title IX Coordinator will meet with the alleged victim to discuss supportive measures that may be appropriate in the particular circumstances and explain the process for filing a formal complaint. 

1. Supportive measures are individualized measures designed to ensure the student can continue to access educational programs and activities (such as requiring no contact between individuals or changing classes).  

2. Supportive measures may be continued even if the alleged victim chooses not to file a formal complaint, if appropriate under the particular circumstances.

3. The school unit cannot provide an informal resolution process for resolving a report unless a formal complaint is filed.

4. Individuals will not be retaliated against for reporting sexual harassment, or for  participating in an investigation. Retaliation is illegal under federal and state  nondiscrimination laws, and any retaliation will result in disciplinary actions, up to and including discharge for employees, or expulsion for students. 

5. Any student (or their parent/legal guardian) who believes they have been the victim of sexual harassment is encouraged to utilize the school unit’s complaint  procedure. However, students (and their parents/legal guardians) are hereby  notified that they also have the right to report sexual harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333  (telephone: 207-624-6290) and/or to the federal Office for Civil Rights, U.S.  Department of Education, 5 Post Office Square, 8th Floor, Boston, MA 02109- 3921 (telephone: 617-289-0111). 

6. The Superintendent shall be informed of all reports and formal complaints of sexual harassment. 

2. How to Make A Formal Complaint 

1. An alleged student victim and/or their parent/legal guardian may file a formal written complaint requesting investigation of alleged Title IX sexual harassment.  The written complaint must include basic information concerning the allegation of sexual harassment (i.e., date, time, location, individual(s) who allegedly engaged in sexual harassment, description of allegation). 

Students who need assistance in preparing a formal written complaint, are  encouraged to consult with the Title IX Coordinator.  

2. In certain circumstances, the Title IX Coordinator may file a formal complaint  even when the alleged victim chooses not to. Examples include if the respondent (person alleged to have engaged in sexual harassment) has been found responsible for previous sexual harassment or there is a safety threat within the school unit. In such cases, the alleged victim is not a party to the case, but will  receive notices as required by the Title IX regulations at specific points in the complaint process.  

3. In accordance with the Title IX regulations, the Title IX Coordinator must dismiss a formal complaint under this Title IX procedure if:

1. the conduct  alleged in the formal complaint does not constitute sexual harassment   under the Title IX regulations and this policy; or

2. if the conduct alleged did not occur within the scope of the school unit’s education programs and activities, or 

3. did  not occur in the United States.  

4. In accordance with the Title IX regulations, the Title IX Coordinator may dismiss  a formal complaint under this Title IX procedure if: 

1. a complainant withdraws the formal complaint, or withdraws particular allegations within the complaint;

2. the respondent is no longer employed by or enrolled in the school unit; or

3. there are specific circumstances that prevent the school unit from gathering evidence  sufficient to re