Definitions A. Harassment means oral, written, graphic or physical conduct relating to an individual’s personal characteristics, including, but not limited to, race, color, religion, national origin, gender, age, sexual orientation, gender identity, gender expression, disability, or veteran status, which has the purpose or effect of substantially interfering with the victim’s education or employment or creating an intimidating, hostile or offensive environment. Prohibited harassment may include, for example, racial, religious or ethnic slurs, negative comments about surnames, nicknames, emphasizing stereotypes, and/or the imitation of a person’s mannerisms, speech or movement. What constitutes prohibited harassment by students may vary depending on their developmental age. B. Sexual harassment is defined under Maine Human Rights Act (5 M.R.S.A. § 4551 et seq.) as unwelcome sexual advances, requests for sexual favors, sexual contact, gestures, comments or other physical or verbal conduct of a sexual nature. Current law provides that such conduct is unlawful when: 1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational benefits; 2. submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or 3. such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or professional performance or creating an intimidating, hostile or offensive employment or educational environment. C. Sexual misconduct encompasses a broad range of activities, including sexual assault, stalking, and dating violence.
Complaint Procedures A. Complaints. A student (or student’s parent) who believes they have been a victim of harassment or sexual misconduct by a Foxcroft teacher, staff member, volunteer, another student, vendor, another member of the Foxcroft community, or visitor to the Foxcroft campus should report the incident(s) to a teacher, School Director, Head of School, or any Foxcroft employee. 1. All Foxcroft employees must report any such complaint to their supervisor or directly to the Head of School 2. Complaints regarding sexual misconduct will be reported by the School to the District Attorney and/or DHHS as may be required in situations that could constitute child abuse under the mandate reporter statute. B. Investigation of Complaints. 1. Scope of Investigation. All reports or complaints of harassment will be investigated by the School. The Head of School will appoint an investigator and, in consultation with him/her, determine the nature and scope of the investigation. 2. Protection for Complainant During Investigation. When Foxcroft decides it is necessary, the School will take steps to protect a complainant which may include, 66
