ACAB - Harassment and Sexual Harassment of School Employees
Book: A
Section: Foundations and Basic Commitments
Title: Harassment, Discrimination, and Sexual Harassment of School Employees
Code: ACAB
Status: Active
Adopted: April 6, 2006
Last Revised: February 28, 2024
HARASSMENT, DISCRIMINATION AND SEXUAL HARASSMENT OF SCHOOL EMPLOYEES
Affirming our Mission
All employees have the right to work in an environment free from discrimination and harassment, including sexual harassment, assault, and misconduct, based on membership in a protected category. This policy addresses harassment and discrimination based on race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, language, genetic information, age, pregnancy/family status, or disability (mental or physical) (hereinafter referred to collectively as “protected categories”).
Portland Public Schools (PPS) affirms our intention to create a climate of respect, inclusion, and equity for all. We acknowledge that historical and societal biases shape our school policies, culture, and interpersonal interactions. We commit to increased prevention programming and education and swifter intervention when problems are reported. We commit to repairing the harm caused to individuals and to school communities when there are incidents or patterns of bias, discrimination, harassment, or sexual harassment. We strive to create a school district where all faculty, staff, and students feel safe and welcome.
The Board prohibits discrimination and harassment, including sexual harassment, of employees while at work or while at school-sponsored or school-related activities. The Board also prohibits retaliatory behavior or action against any person who reports, files a complaint, or testifies about, or otherwise supports a complainant in alleging discrimination or harassment. Any prohibited conduct that occurs off campus or outside of school-related or school-sponsored programs or activities will be regarded as a violation of district policy if it creates a hostile work environment for the complainant or victim of the conduct.
PPS will use preventive and responsive strategies that empower victims of discrimination and harassment, ensure workplace safety, and support positive behavioral change. We will emphasize training and education of all employees to prioritize the prevention and de-escalation of bias-related incidents. We will use educational interventions to resolve issues when possible, keeping the following at the forefront:
● We will focus on the safety and well-being of the targeted person/groups throughout the investigation and resolution of a report or complaint.
● When an individual’s physical or emotional safety is in jeopardy, we will take swift action to stop the unsafe behaviors and address harm.
● We maintain privacy and confidentiality as required by law and school policy, and provide a non-punitive response when it serves the goals of this policy.
● We will provide support to those who experience direct and indirect harm from discrimination or harassment, including sexual harassment, after the resolution of a particular complaint, as needed and desired by the complainant.
● We will work to address reports that suggest there are patterns of harassment or discrimination, even if those reports do not become formal complaints.
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, genetic information or disability is prohibited. Such conduct is a violation of the Portland Board of Public Education policy and may constitute illegal discrimination under state and federal laws.
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.”
Definitions
Discrimination
Treating individuals differently, or interfering with or preventing them from enjoying the advantages or privileges afforded to others because of their membership or targeted/perceived membership in a protected category.
Examples include, but are not limited to:
1. Disparities in discipline, including severity of consequences for misbehavior.
2. Disparities in the application of school policies.
Harassment
Harassment includes but is not limited to verbal abuse, threats, physical assault and/or battery based on race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, genetic information or disability. 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.
Examples include, but are not limited to:
1. Teasing or joking about a person based on their identity that continues after the accused has been asked to stop.
2. Using racial epithets or images.
3. Threatening a person with violence if they don't conform to particular ways of expressing their gender identity (Note: threats of violence can also be criminal violations under Maine's hate crime laws).
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.
- Title IX Sexual Harassment
Under 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:
1. “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;
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.
- Sexual Harassment Under Title VII and Maine Law
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
2. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or
3. 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.
- Sexual Harassment Under Board Policy
Examples of types of conduct that are prohibited in the district include but are not limited to those listed below. These types of conduct may constitute sexual harassment under Title IX or Maine law when they satisfy one of the above definitions, but are prohibited as a matter of Board policy whether or not they violate the law.
a. Unwelcome leering, sexual flirtations, or propositions.
b. Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions.
c. Graphic verbal comments about an individual’s body, unwanted sexual comments or questions, or overly personal conversation.
d. Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures, or computer-generated images of a sexual nature.
e. Spreading sexual rumors.
f. Massaging, grabbing, fondling, stroking, or brushing the body.
g. Touching an individual’s body or clothes in a sexual way.
h. Impeding or blocking an individual’s movements or any physical interference with an individual’s movement when directed at an individual on the basis of sex or gender expression.
i. Displaying sexually suggestive objects.
j. Sexual assault, sexual battery, or sexual coercion.
k. Sexual violence that is the perpetration of a sexual act on a person without their affirmative consent.
l. Sharing of sexually explicit pictures without the consent of the person in the picture or pictures (Note: sharing sexual pictures can also be a criminal act if the picture is of a minor).
m. Electronic communications containing comments, words, or images described above.
Reports and Complaints of Harassment, Discrimination 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 or the Title IX Coordinator. The Affirmative Action Officer and the Title IX Coordinator are also available to answer questions and provide assistance to any individual who is unsure whether harassment, discrimination or sexual harassment has occurred.
All reports and complaints regarding harassment, discrimination or sexual harassment of employees shall be addressed through the Employee and Third Party Discrimination/Harassment Complaint Procedure (ACAB- R).
Reporting Without Fear of Consequences or Retaliation
PPS encourages all faculty, staff, students, and community members who witness or experience harassment or discrimination to report the behavior to a supervisor, administrator, or the district’s Affirmative Action Officer.
PPS will establish an anonymous reporting process to provide employees the option to make a report without elevating it to a formal complaint. However, this process will not necessarily allow for investigation, remedial action, and accountability. The process for making anonymous reports will be in place by the fall of 2024 and may be changed by the Superintendent or designee.
The experience of bringing a formal complaint can be difficult for anyone. Retaliation for making a complaint absolutely will not be tolerated. Support from school personnel will be offered to parties involved in formal complaint proceedings, and PPS will protect privacy and confidentiality
Notice and Training
Annually, each employee shall receive a copy of this policy and the Employee & Third Party Discrimination and Harassment Complaint Procedure. This may be accomplished by including the policy/procedure with employee paychecks or by using other appropriate means to ensure that each employee receives a copy. All newly hired employees shall be provided training about sexual harassment in accordance with Maine law.
The Superintendent is responsible for ensuring that the school unit complies with all legal requirements for posting, notification and training of employees regarding harassment and sexual harassment.
Legal References: Title IX of the Education Amendments of 1972 (20 USC § 1681 et seq.)
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 USC § 2000d)
Americans with Disabilities Act (42 USC § 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 CFR § 1604.11)
Age Discrimination in Employment Act (29 USC §623 et seq.)
Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. § 2000ff et seq.)
5 M.R.S.A. § 4551 et seq.
MHRC Rule Chapter 94-348, ch. 3
20-A M.R.S.A. § 6553
26 M.R.S.A. §§ 806-807
Cross Reference: ACAB-R- Employee & Third Party Discrimination and Harassment
Complaint Procedure
AC- Nondiscrimination/Equal Opportunity and Affirmative Action
ACAD- Hazing
ACAF – Workplace Bullying
Adopted: April 6, 2006
Revised: October 29, 2019, February 28, 2024
Complete update: May 14, 2013