MAINE SCHOOL ADMINISTRATIVE DISTRICT #34
Belfast Belmont Morrill Northport Searsmont Swanville
office of the superintendent – po box 363 – belfast me 04915
Telephone: 207 338-1960 FAX: 207 338-4597
SCHOOL BOARD POLICY MANUAL
Section A
Code |
Description |
Adopted/Revised |
AA |
School District Legal Status |
2/24/98 |
AB |
The People And Their School District |
2/24/98 |
AC |
Nondiscrimination/Equal Opportunity |
6/11/03 |
AC-R |
Affirmative Action Plan |
March 2003 |
ACAA |
Harassment and Sexual Harassment of Students |
6/11/03 |
ACAA-R |
Student Discrimination and Harassment Complaint Procedure |
6/11/03 |
ACAB |
Harassment and Sexual Harassment of School Employees |
6/11/03 |
ACAB-R |
Employee Discrimination/Harassment Complaint Procedure |
6/11/03 |
ACAD |
Hazing |
6/11/03 |
ACD |
Student Harassment |
6/11/03 |
AD |
Educational Philosophy |
2/24/98 |
ADA |
School District Goals and Objectives |
2/24/98 |
ADB |
Drug-Free Schools |
2/24/98 |
ADC |
Tobacco-Free Schools |
1/27/04 |
ADD |
Safe Schools |
2/24/98 |
ADF |
School District Commitment to Learning Results |
4/26/05 |
AE |
Commitment to Accomplishment |
2/24/98 |
Revised: October 6, 2006
Section AA SCHOOL DISTRICT LEGAL STATUS
The Maine School Administrative District # 34, also known as MSAD # 34, was formally recognized and approved by the Maine State Board of Education on November 19, 1965 pursuant to Title 20 of the Revised Statutes of 1964, State of Maine.
MSAD # 34 is located entirely within the County of Waldo, State of Maine, United States of America and incorporates the municipalities of Belfast, Belmont, Morrill, Northport, Searsmont, and Swanville. MSAD # 34 serves all residents of school age within these recognized boundaries. The governance of MSAD # 34 is by a Board of Directors elected from the 6 municipalities of the district according to the following representation:
Belfast 8 directors
Belmont 1 director
Morrill 1 director
Northport 2 directors
Searsmont 1 director
Swanville 1 director
Legal Reference: 20-A MRSA § 1101, 1201, 1202, 1203
Adopted: February 24, 1998
Section AB THE PEOPLE AND THEIR SCHOOL DISTRICT
The Board of Directors of MSAD #34 is the legal entity for conducting a system of public education in Belmont, Belfast, Morrill, Northport, Searsmont and Swanville. The system was created by, and is governed by, state statutes. The members of the Board are, therefore, state officers chosen by the citizens of the six towns to represent them and the state in the legislative management of the public schools in the six towns.
The Board of Directors has the dual responsibility for implementing statutory requirements pertaining to public education and local citizens' desires for educating the community's youth. While the Board has an obligation to determine and assess citizens' desires, it should be understood that when citizens elect delegates to represent them, they endow their representatives with the authority to exercise their best judgment in determining policies, making decisions, and approving procedures for administering the District.
The Board will keep the public informed of policies, plans, progress, and problems in the schools and urges the citizens to communicate their aspirations and feelings about the District to their elected representatives. The Board will establish policies and make decisions on the basis of declared educational philosophy and goals. All decisions made by the Board will be made with consideration of what would be best for the students of the District.
The Board will act as a representative body for citizens of the District in matters involving public education. Although the Board recognizes that ultimate responsibility for public education rests with the State of Maine, individual Boards of Education have been assigned specific authority through statute. Believing that local control over public education is essential, the Board will not relinquish any of this authority.
Legal Reference: 20–A~MRSA §1001
20–A~MRSA §1201 et seq.
Adopted: February 23, 1988
Revised: January 23, 1996
Revised: February 24, 1998
Section AC NONDISCRIMINATION/EQUAL OPPORTUNITY
The Board is committed to the principle of Affirmative Action and does not discriminate in the educational and employment programs which it operates and will honor all appropriate laws relating to discrimination.
There shall be no unlawful discrimination in educational programs, activities, or employment practices on the basis of race, national origin, religion, gender, age, or disability under the provisions of Titles VI and IX of the 1972 Educational Amendments, Section 504 of the Rehabilitation Act, the Individuals with Disability Education Act (IDEA) of 1990, and the Americans with Disabilities Act (ADA) of 1990.
An Affirmative Action Plan shall be prepared and updated in compliance with federal and state requirements. Included will be the designation of an Equal Employment Opportunity Officer/ Affirmative Action Officer; provisions for nondiscriminatory recruiting, screening, and selection in employment; provisions for equal educational opportunity; a grievance procedure; and such other components as may be required.
Legal Reference: Equal Employment Opportunities 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.)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.)
Equal Pay Act of 1963 (29 U.S.C. § 206)
Vocational Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.)
Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)
Maine Human Rights Act of 1972 (5 MRSA § 4571), as amended
Adopted: December 21, 1993
Revised: January 23, 1996
Revised: February 24, 1998
Revised: June 11, 2003
Section ACAA HARASSMENT AND SEXUAL HARASSMENT OF STUDENTS
MSAD #34 supports the right of individuals to obtain an education in an environment free of harassment. Harassment is a violation of Board policy and may constitute illegal discrimination under state and federal laws.
Harassment
Harassment is defined as an act to annoy or torment repeatedly and persistently. Harassing behavior includes but is not limited to verbal abuse, acts of intimidation, and any other conduct that recklessly or intentionally endangers the mental or physical health of a student. Harassment that rises to the level of physical assault, battery and/or abuse is also addressed in the Board policy JICIA – Weapons, Violence and School Safety and ACAD – Hazing.
Sexual Harassment
Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors or pressure to engage in sexual activity, physical contact of a sexual nature, gestures, comments, or other physical, written or verbal conduct that is gender-based that interferes with a student’s education. School employees, fellow students, volunteers and visitors to the school, and other persons with whom students may interact in order to pursue school activities are required to refrain from such conduct.
Harassment/sexual harassment of students by school employees is considered grounds for disciplinary action, up to and including discharge. Harassment/sexual harassment of students by other students is considered grounds for disciplinary action, up to and including expulsion. The Superintendent will determine appropriate sanctions for harassment of students by persons other than school employees and students.
The Superintendent or the employee designated as the Title IX Coordinator [may be the Affirmative Action Officer/Sexual Harassment Officer(s) as determined by MSAD #34] will investigate complaints of harassment in accordance with the Student Harassment Complaint Procedure. School employees, students, and parents shall be informed of this policy/procedure through handbooks and/or other means selected by the school administration.
Legal Reference: Title IX of the Education Amendments of 1972 (20 USC § 1681 et seq.)
Title VI of the Civil Rights Act of 1964 (42 USC § 2000d)
5 MRSA §§4602; 4681 et seq.
20 MRSA § 6553
Cross Reference: AC: Nondiscrimination/Equal Opportunity and Affirmative Action
ACAA-R – Student Harassment Complaint Procedures
ACAD – Hazing
JICIA – Weapons, Violence and School Safety
Adopted: June 11, 2003
Section ACAA-R STUDENT DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE
This procedure has been adopted by the Board in order to provide a method of prompt and equitable resolution of student complaints of discrimination or harassment as described in policies AC -Nondiscrimination/Equal Opportunity and Affirmative Action and ACAA - Harassment and Sexual Harassment of Students.
I. How to Make a Complaint
A.Any student who believes he/she has been discriminated against or harassed should report his or her concern promptly to [school administrator]. Students who are unsure whether discrimination or harassment has occurred are encouraged to discuss the situation with [school administrator].
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.
C.Students and others will not be retaliated against for making a complaint. Any retaliation by students or school staff will result in disciplinary measures, up to and including expulsion or dismissal.
D.Students are encouraged to utilize the school unit's Complaint Procedure. However, students are hereby notified that they also have the right to report complaints 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).
II.Complaint Handling and Investigation
A.The school administrator shall promptly inform the Superintendent and the person(s) who is the subject of the complaint that a complaint has been received.
B.The school administrator may pursue an informal resolution of the complaint with the agreement of the parties involved. The informal resolution is subject to the approval of the Superintendent, who shall consider whether the informal resolution is in the best interest of MSAD #34 in light of the particular circumstances and applicable policies and laws.
C.The complaint will be investigated by the school administrator, unless the Superintendent chooses to investigate the complaint or designates the affirmative action officer to investigate it on his/her behalf. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor's authority. Any complaint about the Superintendent should be submitted to the chairperson of the school board, who should consult with legal counsel concerning the handling and investigation of the complaint.
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 MSAD #34, any applicable individual or collective bargaining contract provisions shall be followed.
3.Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.
4.The school administrator and/or affirmative action officer shall keep a written record of the investigation process.
5.The school administrator and/or affirmative action officer may take interim remedial measures to reduce the risk of further discrimination or harassment while the investigation is pending.
6.The school administrator and/or affirmative action officer 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.
D.If the school administrator and/or affirmative action officer 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 discrimination or harassment, if any; and
3.Inform the student who made the complaint in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).
E.If the student's parents/legal guardians are dissatisfied with the resolution, an appeal may be made in writing to the Superintendent within 14 calendar days after receiving notice of the resolution. The Superintendent shall review the in investigation report and may conduct further investigation if deemed appropriate. The Superintendent's decision shall be final.
F.If the student’s parents/legal guardians are dissatisfied with the decision of the Superintendent, an appeal may be submitted in writing within 14 calendar days after receiving notice of the decision. The Board will consider the appeal in executive session, to the extent permitted by law, at its next regular meeting or a special meeting. The Superintendent shall submit the investigation report and any other witnesses or documents that he/she believes will be helpful to the Board. The student, his/her parents/legal guardians and his/her representative shall be allowed to be heard. The person(s) against whom the complaint was made shall be invited and allowed to be heard. The Board’s
decision shall be final.
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 (20 U.S.C. § 1681 et seq.)
Title VI of the Civil Rights Act .of 1964 (P .L. 88-352) 20 USC § 1232g; 34 CFR
Part 99
5 MRSA §§ 4571; 4602; 4681 et seq.
20-A MRSA §§ 6001 et seq.
Cross Reference: AC -Nondiscrimination/Equal Opportunity and Affirmative Action
ACAA -Harassment and Sexual Harassment of Students
Adopted: June 11, 2003
Section ACAB HARASSMENT AND SEXUAL HARASSMENT OF SCHOOL EMPLOYEES
MSAD #34 supports the right of individuals to work in an environment free of harassment. Harassing behavior includes but is not limited to verbal abuse, acts of intimidation, or any other conduct that recklessly or intentionally endangers the mental or physical health of employees.
Sexual Harassment
Unwelcome sexual advances, suggestive or lewd remarks, requests for sexual favors, and other verbal and physical conduct of a sexual nature constitute sexual harassment when:
Submission to such conduct is made either explicitly or implicitly a term or condition of an employee’s work environment or employee benefits;
Submission to or rejection of such conduct by an employee is used as the basis for decisions on employment benefits: and/or
Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.
Any employee who engages in harassment or sexual harassment will be subject to disciplinary action, up to and including discharge. The MSAD #34 Board of Directors complies with all reporting requirements under state and federal laws.
All complaints of harassment will be investigated in accordance with the School Employee Discrimination and Harassment Complaint Procedure.
Notice and Training
Annually each employee shall receive a copy of this policy and the School Employee 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 education and training about sexual harassment within on e year of the commencement of employment as required by Maine law.
The Superintendent is responsible for ensuring that the District complies with all legal requirements for posting, notification and training of employees regarding harassment and sexual harassment.
Adopted: June 11, 2003
Section ACAB-R EMPLOYEE DISCRIMINATION/HARASSMENT COMPLAINT PROCEDURE
This procedure has been adopted by the Board of Directors in order to provide a method of prompt and equitable resolution of employee complaints of discrimination and harassment as described in Policies AC—Nondiscrimination/Equal Opportunity and Affirmative Action and ACAB—Harassment and Sexual harassment of School Employees.
I.How to Make a Complaint
A.Any employee 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. This shall not prevent the employee, however, from making an immediate formal complaint.
B.Any employee who believes he/she has been discriminated against or harassed should report his or her concern promptly to the Principal, Supervisor or the Affirmative Action Officer. This report should be made in writing. Employees who are unsure as to whether unlawful discriminated or harassment has occurred are encouraged to discuss their concerns with the Affirmative Action Officer. Employees will not be retaliated against for reporting suspected discrimination or harassment.
II.Complaint Handling Investigation
A.The Principal, Supervisor or Affirmative Action Officer will promptly inform the Superintendent who will be responsible for informing the person who is the subject of the complaint that a complaint has been received.
B.The complaint will be investigated by the Affirmative Action Officer, unless the Superintendent chooses to investigate the complaint or designates another person to investigate on his/her behalf.
C.The person who is the subject of the complaint will be provided with an opportunity to be heard as part of the investigation.
D.If the complaint is against an employee of the District, any rights conferred under an applicable collective bargaining agreement shall be applied.
E.Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.
F.The Affirmative Action Officer shall keep a written record of the investigation process.
G.The Superintendent 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.
H.The Affirmative Action Officer shall consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions.
I.The investigation shall be completed within 21 school days of receiving the complaint, if practicable.
The Affirmative Action Officer 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 District in light of applicable policies and law.
If the Affirmative Action Officer determines that discrimination or harassment occurred, he/she shall, in consultation with the Superintendent:
Determine what remedial action is required, if any;
Determine what disciplinary action should be taken against the person(s) who engaged in the harassment, if any; and
Inform the employee who made the complaint in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).
If the employee 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.
Nothing herein shall be construed to affect the right of the Superintendent to immediately place an employee on administrative leave with pay pending the outcome of any investigation.
If there is reasonable cause to believe the allegation and that the allegation would severely impair the reputation of MSAD #34 or endanger the health and welfare of students or other employees, the employee will be placed on administrative leave. In the event an employee is placed on administrative leave with pay, the Board shall be notified as soon as practicable. Every effort will be made to conclude the investigation within a reasonable time from the initial notification of the Superintendent.
Any employee who believes he/she has been discriminated against or harassed is encouraged to utilize the school district’s complaint procedure. However, employees 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, Maine 04333 (telephone: 207-624-6050) and/or to the federal Office of Civil Rights, Regional Director, U.S. Department of Education, S.W. McCormack POCH Room 222, Boston, MA 02109-4557 (telephone: 617-223-9622).
State law prohibits retaliation against any person who reports an incident of harassment and all employees should feel free to report such incidents without fear of reprisal.
Legal Reference: Title IX of the Education Amendments of 1972 (20 USC § 1681 et seq.)
Title VI of the Civil Rights Act of 1964 (42 USC § 2000d)
Americans with Disabilities Act (42 USC § 12101 et seq.)
Section 504 of the Vocational Rehabilitation Act of 1973 (29 USC § 794 et seq.)
Title VII (42 USC § 2000c; 29 CFR § 1604.11)
Age Discrimination in Employment Act (29 USC § 623)
5 MRSA §§4602; 4681 et seq.
20 MRSA § 6553
26 MRSA §§ 806-807
Cross Reference: AC: Nondiscrimination/Equal Opportunity and Affirmative Action, ACAD: Hazing
Adopted: June 23, 1992
Revised: April 29, 1993
January 23, 1996
February 24, 1998
Replaced ACA, ACB, ACC: February 29, 2000
June 11, 2003
Section ACAD HAZING
Maine statute defines injurious hazing as "any action or situation, including harassing behavior, that recklessly or intentionally endangers the mental or physical health of any school personnel or a student enrolled in a public school.”
Injurious hazing activities of any type, either on or off school property, by any student, staff member, group or organization affiliated with MSAD~#34, are inconsistent with the educational process and shall be prohibited at all times.
“Harassing behavior” includes acts of intimidation and any other conduct that recklessly or intentionally endangers the mental or physical health of a student or staff member.
“Acts of intimidation” include extortion, menacing, direct or indirect threats of violence, incidents of violence, bullying, statements or taunting of a malicious and/or derogatory nature that recklessly or intentionally endanger the mental or physical health of another person, and results in property damage or theft.
No administrator, faculty member, or other employee of MSAD~#34 shall encourage, permit, condone, or tolerate injurious hazing activities. No student, including leaders of students’ organizations, shall plan, encourage, or engage in injurious hazing activities.
Students who violate this policy will be subject to disciplinary action, which may include suspension, expulsion, or other appropriate measures. Administrators, professional staff, and all other employees who violate this policy will be subject to disciplinary action up to and including dismissal.
In the case of an organization affiliated with MSAD~#34 that authorizes hazing, penalties may include rescission of permission for that organization to operate on school property or to receive any other benefit of affiliation with MSAD~#34.
Persons not associated with MSAD #34 who fail to abide by this policy may be subject to ejection from school property and/or other measures as may be available under the law.
These penalties shall be in addition to any civil or criminal penalties to which the violator or organization may be subject.
The Superintendent/designee shall be responsible for administering this policy. In the event that an individual or organization disagrees with an action -- or lack of action -- on the part of the Superintendent/designee as he/she carries out the provisions of this policy, that individual or organization may appeal to the Board. The ruling of the Board with respect to the provisions of this policy shall be final.
A copy of this Policy shall be included in all school, parent, and employee handbooks or otherwise distributed to all school employees and students.
Legal Reference: 20–A~MRSA § 6553.
Proposed: October 22, 1991 as JICFA
Adopted: May 27, 1997 as JICFA
Revised: March 23, 1999 as JICFA
Revised: February 29, 2000 as ACAD
Revised: February 25, 2003
Revised: June 11, 2003
Section ACD STUDENT HARASSMENT
MSAD #34 recognizes the right of each student to perform in an atmosphere free of intimidation, ridicule, hostility and offensiveness. In order to ensure such an atmosphere, employees will not engage in harassment of subordinates and/or students. Federal and state law prohibits harassment based upon race, color, sex, religion, ancestry or national origin, age, or disability. Acts of this nature are not only a violation of Board policy but may constitute an illegal act under state and federal laws.
Examples of prohibited harassment:
Unwelcome sexual advances, gestures, comments, or contact
Threats whether physical or verbal
Offensive jokes
Ridicule, slurs, derogatory action or remarks
Students found guilty of any form of harassment will be subject to suspension.
Students should be advised of the importance of informing the harasser that the behavior is unwelcome, offensive, in poor taste, or highly inappropriate. However, if a student feels uncomfortable with confronting the harasser, the student is encouraged to inform the teacher and/or school principal who, after investigation, will initiate appropriate disciplinary measures.
Legal Reference: Title IX of the Education Amendments of 1972 ( 20 USC § 1681, et seq.)
Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d)
5 MRSA § 4602
Adopted: July 23, 1991
Revised: January 26, 1993
Revised: January 23, 1996
Revised: February 24, 1998
Revised: June 22, 1999
Revised: June 11, 2003
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