NONDISCRIMINATION/EQUAL OPPORTUNITY/AFFIRMATIVE ACTION/HARASSMENT/SEXUAL
HARASSMENT COMPLAINTS-ADMINISTRATIVE PROCEDURE
This procedure has been adopted by the Board in order to provide a method of
prompt and equitable resolution of employee/student complaints of discrimination
and harassment as described in policies AC - Nondiscrimination/Equal Opportunity
and Affirmative Action, ACAA - Harassment and Sexual Harassment of School
Employee/students and ACAB - Harassment and Sexual Harassment of School
Employee.
How to Make a Complaint
A. Any employee/student who believes he/she has been harassed or discriminated
against is encouraged
to try to resolve the problem by informing the individual(s)
that the behavior is unwelcome or
offensive and by requesting that the behavior stop. The
employee/student, however, may make an
immediate formal complaint.
B. School staff are expected to report possible incidents of discrimination or
harassment of students. Parents and other adults are also
encouraged to report any
concerns about possible discrimination or harassment of
students.
Any employee/student who believes he/she has been
discriminated against or harassed should report
their concern promptly to the Principal. If the
employee/student is uncomfortable reporting concerns
to the Principal, he/she may report the concern to the
Superintendent. The report should be made in
writing.
Employees/students who are unsure as to whether unlawful
discrimination or harassment has
occurred are encouraged to discuss their concerns with the
Principal. Employees/students will not be
retaliated against for reporting suspected discrimination or
harassment.
C. The Principal will promptly inform the Superintendent and the person who is
the subject of the
complaint that a complaint has been received.
The Principal may pursue an informal resolution of the
complaint with the agreement of the
complainant and the person against whom the complaint is
made. The informal resolution is subject to
the approval of the Superintendent, who shall consider
whether the informal resolution is in the best
interest of the school unit in light of applicable policies
and law.
D. The complaint will be investigated by the Principal, unless the
Superintendent chooses to
investigate the complaint or designates another person
to investigate it on his/her behalf.
1. The person who is the subject of the complaint will be
provided with an opportunity to be heard as
part of the investigation.
2. If the complaint is against an employee of the school
unit, any rights conferred under an applicable
collective bargaining agreement shall
be applied.
3. Privacy rights of all parties to the complaint shall be
maintained in accordance with applicable state
and federal laws.
4. The Principal shall keep a record of the investigation
process.
5. The Principal may take interim remedial measures
(consistent with any applicable collective
bargaining agreement provisions) to
reduce the risk of further harassment while the investigation is
pending.
6. The Principal shall consult with the Superintendent
concerning the investigation, conclusions, and
any remedial and/or disciplinary
actions.
7. The investigation shall be completed within 21 calendar
days of receiving the complaint, if
practicable.
E. If the Principal determines that discrimination or harassment occurred,
he/she shall, in consultation
with the Superintendent:
1. Determine what remedial action is required, if any;
2. Determine what disciplinary action should be taken against
the person(s) who engaged in
harassment, if any; and
3. Inform the employee/student who made the complaint in
writing of the results of the investigation
and its resolution (in accordance
with applicable state and federal laws.)
F. If the employee/student who made the complaint is dissatisfied with the
resolution, he/she may appeal
to the Superintendent within 14 calendar days after receiving
notice of the resolution. The
Superintendent shall review the investigation report and may
conduct further investigation if deemed
appropriate. The Superintendent’s decision shall be final.
Any employee/student who believes he/she has been
discriminated against or harassed is encouraged
to utilize the school unit’s complaint procedure. However,
employee/students are hereby notified that
they also have the right to report incidents of
discrimination or harassment to the Maine Human
Rights Commission, State House Station 51, Augusta, ME 04333
(telephone: 207-624-6050)
and/or to the federal Office for Civil Rights, Regional
Director, U.S. Department of Education, S.W.
McCormack POCH Room 222, Boston, MA 02109-4557 (telephone
617-223-9622).
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 (34 CFR § 106.8)
Age Discrimination in Employment Act (34 CFR § 110.25)
DATE ADOPTED: July 1, 2003