Book A

Section: Foundations and Basic Commitments

Title: Nondiscrimination-Equal Opportunity and Affirmative Action

Code: AC

Status: Active

Adopted: November 6, 2002

Last Revised: February 28, 2024

Last Reviewed: October 29, 2019

Prior Revised Dates: 5/14/2013; 5/15/2018, 10/29/19

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NONDISCRIMINATION/EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION

 

The school unit does not discriminate on the basis of sex or other protected categories in its education programs and activities, as required by federal and state laws/regulations. Discrimination against and 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, religion, ancestry or national origin, age, disability or genetic information are prohibited. Discrimination against and harassment of students 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, religion, ancestry or national origin, or disability are prohibited The term “sexual orientation” under state law means a person’s “actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression.”  The term “gender identity” under state law means “the gender-related identity, appearance, mannerisms or other gender-related characteristics of an individual, regardless of the individual’s assigned sex at birth.”

 

The Portland Board of Public Education (Board) directs the school administration to implement a continuing program designed to prevent discrimination against all applicants, employees, students and other individuals having access rights to school premises and activities. The school unit has designated and authorized an Affirmative Action Officer and a Title IX Coordinator who is responsible for ensuring compliance with all federal, state, City of Portland and Board policy requirements relating to nondiscrimination, including sexual harassment. The Affirmative Action Officer and the Title IX Coordinator are persons with direct access to the Superintendent.

 

The school unit has implemented complaint procedures for resolving complaints of discrimination/harassment and sexual harassment under this policy.  The school unit provides required notices of these complaint procedures and how they can be accessed, as well as the school unit’s compliance with federal and state civil rights laws and regulations to all applicants for employment, employees, students, parents and other interested parties.

 

The School Department will require all persons, agencies, vendors, contractors, and other persons and organizations doing business with or performing services for the school unit to subscribe to all applicable federal and state laws pertaining to contract compliance.

 

Legal Reference:         Equal Employment Opportunity Act of 1972 (P.L. 92-261)

amending Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000 (e) et seq.)

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.); 34 C.F.R. Part 106 (Title IX regulations)

Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d)

Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.)

Equal Pay Act of 1963 (29 U.S.C. § 206)

Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. § 794 et seq.), as amended

Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), as amended

Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. § 2000ff                                        et seq.)

Maine Human Rights Act (5 MRSA § 4551 et seq.), as amended

 

Cross Reference:         Portland School Department Affirmative Action Plan

ACAA - Harassment and Sexual Harassment of Students

ACAA-R – Student Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures

ACAB - Harassment and Sexual Harassment of School Employees

ACAB-R – Employee and Third-Party Discrimination and Harassment Complaint Procedure

ACAF – Workplace Bullying

 

Adopted:                     November 6, 2002

Revised:                      May 15, 2018

Complete Update:       May 14, 2013; November 26, 2019, February 28, 2024