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.
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