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Section A - Foundations & Basic Commitments
Discrimination and Harassment Complaint Procedure - ACG
Employee Discrimination and Harassment Complaint Procedure - ACAB-R
Definitions
How to Make a Complaint
Complaint Handling and Investigation
Harassment and Sexual Harassment of School Employees- ACAB
Harassment
Sexual Harassment
Notice and Training
Harassment and Sexual Harassment of Students - ACAA
Student Discrimination and Harassment Complaint Procedure - ACAA-R
Definitions
How to Make a Complaint
Complaint Handling and Investigation
Hazing- ACAD
Nondiscrimination/Equal Opportunity and Affirmative Action - AC
School District Commitment to Learning Results - ADF
School System Commitment to Standards for Ethical
and Responsible Behavior for Students - ADAA
Service Animals for Students and Employees - ACAC
General Conditions
Review of Service Animal Requests
III. Removal or Exclusion of Service Animals from Schools
Tobacco Use and Possession - ADC
Tobacco Use and Possession Administrative Procedure - ADC-R
I. Tobacco Use - Possession by Students
II. Tobacco Use - Possession by Employees/Visitors/Others
III. Notification
Weapons, Violence and School Safety - ACAE
Discrimination and Harassment Complaint Procedure - ACG
This procedure has been adopted by the Board of Directors in Maine School Administrative
District #35 in order to provide a method of prompt and equitable resolution of complaints of
discrimination and harassment as described in policies AC Nondiscrimination/Equal Opportunity
and Affirmative Action and JBA, GBBA Harassment and Sexual Harassment of Employees or
Students.
How to make a complaint:
Any employee or 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. This shall
not prevent the employee or student, however, from making an immediate formal
complaint.
Any employee or student who believes he/she has been discriminated against or harassed
should report their concern in writing promptly to a school administrator and/or the
Affirmative Action Officer. The Affirmative Action officer is the Assistant
Superintendent of Schools. The name is posted in a central location at every work site.
Employees or students who are unsure as to whether unlawful discrimination or
harassment has occurred are encouraged to discuss their concerns with the principal or
supervisor or the Affirmative Action Officer. No employee or student will be penalized in
any way for reporting suspected discrimination or harassment.
The Affirmative Action Officer or supervisor 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 MSAD #35 in light of applicable policies and law.
The Affirmative Action Officer will investigate the complaint, unless the Superintendent
chooses to investigate the complaint or designates another person to investigate it on
his/her behalf.
The person who is the subject of the complaint will be provided with an
opportunity to be heard as part of the investigation.
If the complaint is against an employee of MSAD #35, any rights conferred under
an applicable collective bargaining agreement shall be applied.
Privacy rights of all parties to the complaint shall be maintained in accordance
with applicable state and federal laws.
The Affirmative Action Officer shall keep a written record of the investigation
process.
The Superintendent may take interim remedial measures (consistent with any
applicable collective bargaining agreements provisions) to reduce the risk of
further harassment while the investigation is pending.
The Affirmative Action Officer shall consult with the Superintendent concerning
the investigation, conclusions, and any remedial and/or disciplinary actions.
The investigation shall be completed within 21 calendar days of receiving the
complaint, if practical.
If the Affirmative Action Officer determines that discrimination or harassment occurred,
he/she shall, in conjunction 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 harassment, if any, and
Inform the employee or 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).
If the complainant 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 complainant who believes he/she has been discriminated against or harassed is encouraged
to utilize MSAD #35’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 and/or to the Federal Office for Civil Rights, Regional Director, U.S.
Department of Education.
Policy Adopted: January 5, 2005
Employee Discrimination and Harassment Complaint Procedure - ACAB-R
This procedure has been adopted by the Board 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.
Definitions
For purposes of this procedure:
“Complaint” is defined as an allegation that an employee has been discriminated against
or harassed on the basis of race, color, sex, sexual orientation, age, religion, ancestry,
national origin or disability; and
“Discrimination or harassment” means discrimination or harassment on the basis of race,
color, sex, sexual orientation, age, religion, ancestry, national origin or disability.
How to Make a Complaint
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.
Any employee who believes he/she has been discriminated against or harassed should
report their concern promptly to the building principal. If the employee is uncomfortable
reporting concerns to the building principal, he/she may report the concern to the
Affirmative Action Officer.
Employees who are unsure as to whether unlawful discrimination or harassment has
occurred are encouraged to discuss their concerns with the building principal or
Affirmative Action Officer. Employees will not be retaliated against for reporting
suspected discrimination or harassment.
Any employee who believes he/she has been discriminated against or harassed is
encouraged to utilize the school unit’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, 51 State House Station,
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).
Complaint Handling and Investigation
The building principal or Affirmative Action Officer will promptly inform the
Superintendent and the person who is the subject of the complaint that a complaint has
been received.
The building principal or Affirmative Action Officer 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 the school unit in light of applicable policies and law.
The complaint will be investigated by the building principal or Affirmative Action
Officer unless the Superintendent chooses to investigate the complaint or designates
another person 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 Chair of the School Board, who should consult with legal counsel concerning the
handling and investigation of the complaint.
The person who is the subject of the complaint will be provided with an
opportunity to be heard as part of the investigation.
If the complaint is against an employee of the school unit, any rights conferred
under an applicable collective bargaining agreement shall be applied.
Privacy rights of all parties to the complaint shall be maintained in accordance
with applicable state and federal laws.
The Affirmative Action Officer shall keep a written record of the investigation
process.
The Affirmative Action Officer 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.
The Affirmative Action Officer shall consult with the Superintendent concerning
the investigation, conclusions, and any remedial and/or disciplinary actions.
The investigation shall be completed within 21 calendar days of receiving the
complaint, if practicable.
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 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.
If the employee is dissatisfied with the decision of the Superintendent, he/she may appeal
to the School Board within 14 calendar days after receiving notice of the
Superintendent’s decision.
The Board will consider the appeal in executive session, at its next regular meeting or a
special meeting. The Superintendent shall submit to the Board his/her decision, the
complaint, any responses, the investigation report and related documents. The
complainant shall be allowed to be heard. The person(s) against whom the Complaint
was made shall be invited and allowed to be heard. If present, the complainant’s
representative and the representative of the person(s) against whom the complaint was
made will also be given the opportunity to be heard.
After reviewing the Superintendent’s submissions and hearing from the parties, the Board
shall make a decision as to whether to affirm or modify the Superintendent’s conclusions.
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 Educational Amendments of 1972 (34 CFR § 106.8(b)
Age Discrimination in Employment Act (34 CFR § 110.25)
Maine Human Rights Act (5 MRSA § 4571 et seq.,4681 et seq.)
Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAB - Harassment and Sexual Harassment of School Employees
Policy Adopted: March 7, 2001
Policy Revised: January 5, 2005 and March 4, 2009
Harassment and Sexual Harassment of School Employees- ACAB
Harassment of school employees because of race, color, sex, sexual orientation, religion,
ancestry or national origin, age, or disability is prohibited. Such conduct is a violation of Board
policy and may constitute illegal discrimination under state and federal laws.
Harassment
Harassment includes but is not limited to verbal abuse, threats, physical assault and/or battery
based on race, color, sex, sexual orientation, religion, ancestry or national origin, age, 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.
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.
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 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 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-2; 29 CFR § 1604.11)
Age Discrimination in Employment Act (29 USC § 623)
5 MRSA §§ 4602; 4681 et seq.
20-A MRSA § 6553
26 MRSA §§ 806-807
Cross Reference: ACAB-R - School Employee Discrimination and Harassment Complaint Procedure
AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAD - Hazing
Policy Adopted: March 7, 2001
Policy Revised: January 5, 2005 and March 4, 2009
Harassment and Sexual Harassment of Students - ACAA
Harassment of students because of race, color, sex, sexual orientation, religion, ancestry or
national origin, or disability is prohibited. Such conduct is a violation of Board policy and may
constitute illegal discrimination under state and federal laws.
Harassment
Harassment includes but is not limited to verbal abuse based on race, color, sex, sexual
orientation, religion, ancestry or national origin, or disability. Harassment that rises to the level
of physical assault, battery and/or abuse is also addressed in the Board policy JJCI/JLI –
Weapons, Violence and School Safety.
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 Affirmative Action Officer 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 References: 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; 4681 et seq.
20-A MRSA § 6553
Cross References: ACAA/ACAA-R - Student Harassment Complaint Procedure
AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAD - Hazing
JJCI/JLI - Weapons,Violence and School Safety
Policy Adopted: January 5, 2005
Policy Revised: March 4, 2009
Student Discrimination and Harassment Complaint Procedure - ACAA-R
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 discriminatory harassment as
described in policies AC – Nondiscrimination/Equal Opportunity and Affirmative Action and
ACAA/ACAA-R – Harassment and Sexual Harassment of Students.
Definitions
For purposes of this procedure:
A “Complaint” is defined as an allegation that a student has been discriminated against or
harassed on the basis of race, color, sex, sexual orientation, religion, ancestry, national
origin, or disability; and
“Discrimination or harassment” means discrimination or harassment on the basis of race,
color, sex, sexual orientation, religion, ancestry, national origin, or disability.
How to Make a Complaint
Any student who believes he/she has been discriminated against or harassed should report
his/her concern promptly to the building principal. Students who are unsure whether
discrimination or harassment has occurred are encouraged to discuss the situation with
the building principal.
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.
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.
Students are encouraged to utilize M.S.A.D. #35’s complaint procedure. However,
students are hereby notified that they also have the right to report complaints to the
Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333
(telephone: 207-624-6050) and/or to the federal office for Civil Rights, Regional
Director, U.S. Department of Education, SW McCormack POCH Room 222, Boston,
MA 02109-4557 (telephone: 617-223-9622).
Complaint Handling and Investigation
The building principal or Affirmative Action Officer shall promptly inform the
Superintendent and the person(s) who is the subject of the complaint that a complaint has
been received.
The building principal or Affirmative Action Officer 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 M.S.A.D. #35 in light of the particular circumstances
and applicable policies and laws.
The complaint will be investigated by the building principal or Affirmative Action
Officer, unless the Superintendent chooses to investigate the complaint or designates
another person 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 Chair of the School Board, who should consult with legal counsel concerning the
handling and investigation of the complaint.
The person who is the subject of the complaint will be provided with an
opportunity to be heard as part of the investigation.
If the complaint is against an employee of the school unit, any applicable
individual or collective bargaining contract provisions shall be followed.
Privacy rights of all parties to the complaint shall be maintained in accordance
with applicable state and federal laws.
The Affirmative Action Officer shall keep a written record of the investigation
process.
The Affirmative Action Officer may take interim remedial measures to reduce the
risk of further discrimination or harassment while the investigation is pending.
The Affirmative Action Officer shall consult with the Superintendent concerning
the investigation, conclusions, and any remedial and/or disciplinary actions.
The investigation shall be completed within 21 calendar days of receiving the
complaint, if practicable.
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 discrimination or harassment, if any; and
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).
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 investigation report and may conduct
further investigation if deemed appropriate.
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 SC § 1681 et seq.)
Title VI of the Civil Rights Act of 1964 (PL 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/ACAA-R - Harassment and Sexual Harassment of Students
Policy Adopted: January 5, 2005
Policy Revised: March 4, 2009
Hazing- ACAD
Maine law 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 this school unit, 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
property damage or theft.
No administrator, faculty member, or other employee of the school unit 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 may 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 may be subject to disciplinary action up to and including
dismissal.
In the case of an organization affiliated with this school unit 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 the school unit.
Persons not associated with this school unit 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.
This right to appeal does not apply to student suspensions of 10 days or less or to matters
submitted to grievance procedures under applicable collective bargaining agreements.
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
Cross Reference: ACAA - Harassment and Sexual Harassment of Students
ACAB - Harassment and Sexual Harassment of Employees
JJCI/JLI - Weapons,Violence and School Safety
Policy Adopted: November 1, 1989
Policy Revised: October 1, 1997, March 7, 2001, November 20, 2002 and April 15, 2009
Nondiscrimination/Equal Opportunity and Affirmative Action - AC
The M.S.A.D. #35 Board is committed to maintaining a workplace and learning environment
that is free from illegal discrimination and harassment.
In accordance with applicable Federal and/or State laws and regulations, M.S.A.D. #35 prohibits
discrimination against and harassment of employees, candidates for employment, students and
others with rights to admission or access to school programs, activities or premises on the basis
of race, color, sex, sexual orientation, religion, ancestry or national origin, age, or disability. For
the purpose of this policy, “sexual orientation” means a person’s actual or perceived
heterosexuality, bisexuality, homosexuality, or gender identity or expression.
The Board delegates to the Superintendent the responsibility for implementing this policy. The
M.S.A.D. #35 Affirmative Action Plan will include designation of an Affirmative Action Officer
who will be responsible for ensuring compliance with all Federal and State requirements related
to nondiscrimination. The Affirmative Action Officer will be appointed by the Superintendent
and will be a person with direct access to the Superintendent.
The Superintendent/Affirmative Action Officer shall be responsible for ensuring that notice of
compliance with Federal and State civil rights laws is provided to all applicants for employment,
employees, students, parents and others, as appropriate.
Legal References:
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 (5 MRSA § 4551, et seq.)
Cross References: M.S.A.D. #35 Affirmative Action Plan
ACAA-Harassment and Sexual Harassment of Students
ACAB-Harassment and Sexual Harassment of School Employees
Policy Adopted: January, 20, 1993
Policy Revised: April 25, 2001, December 4, 2002, January 5, 2005 and February 25, 2009
School District Commitment to Learning Results - ADF
M.S.A.D. #35 hereby adopts Maine’s system of Learning Results. The Learning Results system
is intended to serve as a foundation for education reform and to promote and provide assessment
of student learning, accountability and equity. The Board recognizes that the legislative intent of
the Learning Results system is to provide children with schools that reflect high expectations and
create conditions where these expectations can be met.
The Board understands that implementation of the Learning Results system and the mandate to
provide all students with equitable opportunities to meet the content standards of the system of
Learning Results have broad implications for the school unit, including curriculum, budget,
professional development, student assessment, professional evaluation, and graduation
requirements. Therefore, the Board is committed to examining its policies and school system
practices to ensure that they are consistent with the intent and goals of the Learning Results
system. This will require a concerted and coordinated effort involving the Board, the
Superintendent, administrators, teachers, parents, students, and the community.
The Board directs the Superintendent to develop a plan and timeline for implementing the
Learning Results system and any appropriate administrative procedures. The Board further
directs the Superintendent to report to the Board annually or as requested on progress toward
implementing the Learning Results system and student progress toward achievement of the
content standards of the Learning Results.
Legal Reference: 20-A MRSA §§ 1001(6), 6208-6209
L.D. 1536, Chapter 51 Resolves
Ch. 127 § 3 (Me. Dept. of Ed. Rule)
Policy Adopted: September 3, 2003
Policy Revised: March 18, 2009
School System Commitment to Standards for Ethical
and Responsible Behavior for Students - ADAA
The School Board believes that promoting ethical and responsible behavior for students is an
essential part of the school unit’s educational mission. The Board recognizes that ethics,
constructive attitudes, responsible behavior, and “character” are important if a student is to leave
school as a “responsible and involved citizen,” as described in the Guiding Principles of the
Maine Learning Results. The Board also recognizes that Maine law requires the adoption of a
district-wide student code of conduct consistent with statewide standards for student behavior
developed by the Commissioner of the Department of Education in compliance with 20-A
MRSA § 254(11).
The Board seeks to create and maintain a school climate in which ethical and responsible
behavior can flourish. The Board believes that instilling a sense of ethics and responsibility in
students requires setting positive expectations for student behavior as well as establishing
disciplinary consequences for behavior that violates Board policy or school rules. Further, the
Board believes that in order to teach ethical and responsible behavior, adults who interact with
students must strive to model and reinforce ethical and responsible behavior. To that end, the
Board supports an active partnership between schools and parents.
The Board recognizes that a Student Code of Conduct consistent with statewide standards for
student behavior shall, as required by law:
Define unacceptable student behavior;
Establish standards of student responsibility for behavior;
Prescribe consequences for violation of the Student Code of Conduct, including first-time
violations, when appropriate;
Describe appropriate procedures for referring students in need of special services to those
services;
Establish criteria to determine when further assessment of a current Individual Education
Plan (IEP) is necessary, based on removal of the student from class;
Establish policies and procedures concerning the removal of disruptive or violent
students from a classroom or a school bus, as well as student disciplinary and placement
decisions, when appropriate; and
Establish guidelines and criteria concerning the appropriate circumstances when the
Superintendent/designee may provide information to the local police or other appropriate
law enforcement authorities regarding an offense that involves violence committed by
any person on school grounds or other school property.
The Student Code of Conduct will be reviewed periodically by the School Board, with input
from administrators, staff, parents, students, and members of the community. Students, parents,
staff, and the community will be informed of the Student Code of Conduct through handbooks
and/or other means selected by the Superintendent/designee.
Ethics and Curriculum
The Board encourages integration, examination and discussion of ethical issues within content
areas of the curriculum, as appropriate. The Board also encourages school administrators and
staff to provide students with meaningful opportunities to apply values and ethical and
responsible behavior through activities such as problem solving, service learning, peer mediation
and student government/leadership development.
Legal Reference: 20-A MRSA §§ 254, 1001(15)
Cross Reference: JICDA – District-Wide Student Code of Conduct
Policy Adopted: June 10, 2009
Service Animals for Students and Employees - ACAC
General Conditions
Only qualified individuals with disabilities are eligible to use service animals in
school. Any person who believes he or she may be so qualified should address this issue
with a building administrator.
“Service animal” means any guide dog, signal dog, or other animal individually trained
to do work or perform tasks for the benefit of an individual with a disability, including
but not limited to, guiding individuals with impaired vision and assisting individuals with
impaired mobility. Maine Human Rights Commission regulations also include any
animal which has been prescribed for an individual with disability by a physician,
psychiatrist or psychologist.
Use of a service animal by a student with a disability will be allowed in school when
it has been determined that the student’s disability requires such use for the student to
have equal access to the services, programs or activities being offered by the school.
Use of a service animal by an employee with a disability will be allowed when such use
is necessary to enable the employee to perform the essential functions of his or her
position, or to enable the employee to enjoy equal benefits and privileges of employment
as are enjoyed by other similarly situated employees without disabilities.
The District will not be responsible for the training, feeding, grooming or care of any
service animal permitted to attend school under these procedures. It shall be
the responsibility of the individual with a disability to ensure the proper care and
supervision of the service animal. The District must approve any person who is
authorized to assist in the care and supervision of the service animal.
All service animals will wear a harness/saddle bag or vest that identifies them as service
animals and will always be on a leash.
The employee, or in the case of a student, the student’s parents are liable for any damage
to school or personal property and any injuries to individuals caused by the service
animal.
Review of Service Animal Requests
The building principal, in consultation with appropriate administrators, shall make the
decision to permit, exclude, limit or remove a service animal under these procedures. In
making such a decision, he or she shall meet and discuss the issue with the employee
making the request, or in the case of a student, with a student and the student’s parents.
This discussion should identify the precise limitations resulting from the individual’s
disability and the ways in which the service animal may overcome those limitations.
The employee, or in the case of a student, the student’s parents are required to provide the
following in support of their request:
Documentation of adequate liability insurance;
Copy of current dog license;
Certification of current rabies and other vaccinations and certification of good
health from a licensed veterinarian;
Certification of the service animal’s training;
Appropriate documentation for any person besides the employee or student who is
proposed to care for the service animal at school;
Evidence that the employee or student can maintain appropriate care and control
of the service animal in school.
If a service animal request is approved, the District retains the right to require that
updated or additional information be provided.
The District may impose additional conditions based on the employee or student’s
particular circumstances and/or develop an individual plan regarding the service animal.
III. Removal or Exclusion of Service Animals from Schools
The District may remove, limit, or exclude from the school any service animal for
reasons such as the following:
The animal poses a direct threat to the health or safety of the student or others at
school, causes a significant disruption of school activities or
otherwise jeopardizes the safe operation of the school;
The animal is unable to perform reliably the services for which it has been
approved;
The animal is not under the full control of the student or employee with a
disability.
The animal is a public health threat as a result of being infested with parasites, or
having a communicable disease of the skin, mouth or eyes;
The animal lacks proof of current rabies and other appropriate vaccinations and/or
is not properly licensed;
The animal is not properly trained to relieve itself outside the school building;
The animal’s presence significantly impairs the learning of students;
The animal’s presence fundamentally alters the nature of any school program; or
The employee or, in the case of the student, the student’s parents fail to provide or
maintain current documentation required by this policy.
If the building principal is considering excluding, limiting or removing the animal for any
of the reasons noted in Paragraph #1 above, the principal should also discuss with the
employee or the student and a student’s parents what alternative methods may resolve the
problems presented by the service animal. The building principal may also discuss the
issue with others who may be of help to him or her in making a decision.
Either the affected employee or the parents of the student may challenge the decision
made through the District’s Nondiscrimination/Harassment Complaint Procedure, but
during any such challenge, the building principal’s decision shall remain in effect.
Legal References: 42 U.S.C. § 12101 et seq.
36 C.F.R. § 104; 302
MAINE HUMAN RIGHTS COMMISSION RULE CHAPTER 7.01
Policy Adopted: September 7, 2005
Policy Revised: December 7, 2005
Tobacco Use and Possession - ADC
In order to promote the health and safety of all students and staff and to promote the cleanliness
of all facilities, the Board of Directors prohibits smoking and the use of all other tobacco
products in school buildings, facilities, and on school buses during school-sponsored events and
at all other times on school grounds by all persons, including students and employees.
In addition, students are further prohibited from possessing, selling, distributing, or dispensing
tobacco products in school buildings, facilities, and on school grounds and buses during school-
sponsored events and at all other times.
Employees and all other persons are also strictly prohibited, under law and this Board's policy,
from selling, distributing, or in any way dispensing tobacco products to students.
Legal References: 22 MRSA §1578-B
Me. PL 470 (An Act to Reduce Tobacco Use by Minors)
20 USC 6081 (Pro-Children Act of 1994 - Goals 2000)
Policy Adopted: December 2, 1992
Policy Revised: February 7, 1996, December 4, 2002 and June 10, 2009
Tobacco Use and Possession Administrative Procedure - ADC-R
I. Tobacco Use - Possessionby Students
The use, possession, sale, dispensing or distribution of tobacco products is prohibited. This
policy applies to any student, including students who may be eighteen years of age or older, who
are on school property, who is in attendance at school or at any school-sponsored activity or who
is on school buses.
Tobacco products include cigarettes, cigars, chewing or any other form of tobacco, and any
device used in smoking, or any form of tobacco consumption including, but not limited to,
cigarette papers, and pipes, or their facsimiles.
High School and Middle School Use and Possession
First Infraction
Parent/ Guardian will be notified
Tobacco products will be confiscated. The police department will be
notified if the student is less than eighteen years of age.
The student will be assigned a three day suspension.
The student will be referred to a counselor.
Second Infraction
Parent/Guardian will be notified
Tobacco products will be confiscated. The police department will be
notified if the student is less than eighteen years of age.
The student will be referred to a counselor for a tobacco education
program.
A five-day, out of school suspension will be assigned, reduced to a three
days suspension if the student agrees to meet with a counselor and makes
a commitment to participate in a tobacco education program.
Third Infraction
Parent/Guardian will be notified. A conference will be held with the
student, parent/guardian, counselor and administration.
Tobacco products will be confiscated. The police department will be
notified if the student is less than eighteen years of age.
A ten-day, out of school suspension will be assigned, and student must
make a commitment to participate in a tobacco education program
arranged through a counselor.
Subsequent Infractions
The student and his/her parent/guardian will meet with the principal and
Superintendent. A ten-day, out-of-school suspension will be assigned, and
a recommendation for expulsion may be considered.
Tobacco products are confiscated. The police department is notified.
High School and Middle School Sale or Distribution of tobacco Products
First Infraction
Parent/Guardian will be notified. A conference will be held with the
student, parent/guardian, counselor and administration.
Tobacco products will be confiscated. The police department will be
notified if the student is less than eighteen years of age.
A ten-day, out of school suspension will be assigned, and student must
make a commitment to participate in a tobacco education program
arranged through a counselor.
Second Infraction
The student and his/her parent/guardian will meet with the principal and
Superintendent. A ten-day, out-of-school suspension will be assigned, and
a recommendation for expulsion may be considered.
Tobacco products will be confiscated. The police department will be
notified if the student is less than eighteen years of age.
II. Tobacco Use - Possessionby Employees/Visitors/Others
Employees and all other persons are prohibited from smoking and all other use of tobacco
products in school buildings and other school unit facilities, on school buses, and on school
grounds at all times. Employees and all other persons are also prohibited from selling,
distributing, or in any way dispensing tobacco products to students.
Employees, visitors, and all other persons (except students, to whom Section I applies) in
violation of this policy, shall be immediately directed to cease the behavior.
Any person suspected of selling, distributing, or in any way dispensing tobacco products to
students shall be referred to local law enforcement authorities.
Any employee who violates this policy shall be subject to disciplinary measures.
III. Notification
The Board’s policy and disciplinary consequences for violations will be communicated through
student and employee handbooks and other means deemed appropriate by the
Superintendent/designee.
Cross Reference: Policy JICDA – District-Wide Student Code of Conduct
Policy Adopted: June 10, 2009
Weapons, Violence and School Safety - ACAE
The School Board believes that students and staff are entitled to learn and work in a school
environment free of violence, threats and other disruptive behavior. Students, school staff,
volunteers and visitors are expected to conduct themselves with respect for others and in
accordance with Board policies, school rules, reasonable unwritten behavior expectations, and
applicable state and federal laws.
School staff and volunteers are required to immediately report incidents of prohibited conduct to
the building administrator for investigation and appropriate action. Students who are subjected
to or observe prohibited conduct are strongly encouraged to report it to a staff member or
administrator.
This policy shall apply to students, staff and all other persons at all times, on school premises, in
any school vehicle, at any school sponsored activity, or at any time or place if the conduct has an
adverse effect on the discipline or welfare of the school.
Prohibited Conduct
Students, school staff, volunteers and visitors are prohibited from engaging in the
following conduct on school property, while in attendance at school or at any other
school-sponsored activity, or at any time or place that such conduct directly interferes
with the operations, discipline or general welfare of the school:
Possession and/or use of articles commonly used or designed to inflict bodily
harm and/or to threaten, intimidate, coerce or harass another person. Examples
of such articles include but are not limited to firearms, BB guns, pellet guns, any
other kind of gun, ammunition, explosives, cross-bows, brass knuckles,
switchblades, knives, chains, clubs, Kung Fu stars and nunchucks;
Discharge of a firearm within 500 feet of school property;
Use of any object, although not necessarily designed to be a weapon, to inflict
bodily harm and/or to threaten, intimidate, coerce or harass another person.
Examples of such objects include but are not limited to bats, belts, picks, pencils,
compasses, articles capable of ignition (e.g., matches, lighters), files, tools of any
sort and replicas of weapons (including toys);
Violent, threatening or menacing behavior, including but not limited to fighting,
assault and/or battery, taking hostages, threats to commit violence against persons
or property (e.g., verbal or written death threats, threats of bodily harm, bomb
threats), stalking, or blocking access to school property or facilities;
Verbal or written statements (including those made on or through a computer or
other electronic device) which threaten, intimidate, or harass others; verbal or
written statements which tend to incite violence and/or disrupt the school
program; blackmail; extortion; or demands for money or property;
Intentional damage to school or personal property;
Stealing or attempting to steal school or personal property;
Lewd, indecent or obscene acts or expressions of any kind;
Violations of MSAD #35’s drug/alcohol and tobacco policies;
Violations of state or federal laws; and
Any other conduct that may be harmful to persons or property.
Exceptions to Prohibition Against Possessionand Use of Weapons on School
Property
The prohibition on the possession and discharge of a firearm does not apply to
law enforcement officials.
An authorized person who possesses other weapons for use in specific
instructional programs that have been approved and authorized by the Board and
for which appropriate safeguards have been adopted by the Board.
Disciplinary Action
Students
Principals may discipline, suspend and/or recommend expulsion of students who
violate this policy based upon the facts of each case and in accordance with
applicable state and federal laws. Conduct which violates this policy is
deliberately disobedient and deliberately disorderly within the meaning of 20-A
MRS § 1001(9) and will be grounds for expulsion if found necessary for the peace
and usefulness of the school. Such conduct may also be grounds for expulsion
under other provisions of 20-A MRS § 1001 (9 and 9-A) that specifically prohibit
the use and possession of weapons, infractions of violence, and possession,
furnishing and trafficking of scheduled drugs.
Students who are found to have brought a firearm or to have possessed a firearm
at school (as both terms are defined by federal law), shall be expelled for a period
of not less than one year.
All firearms violations shall be referred to law enforcement authorities as required
by law. Other violations of this policy shall be referred to law enforcement
authorities at the discretion of the Superintendent.
Students with disabilities shall be disciplined in accordance with applicable
federal and state laws/regulations and Board Policy JKF.
School Staff and Volunteers
School staff members who violate this policy shall be disciplined in accordance
with any applicable collective bargaining agreement or MSAD #35 procedure.
Volunteers who violate this policy may, at the Superintendent and building
administrator’s discretion, have their volunteer authorization revoked or
restricted, depending on the circumstances of the particular case.
Violations of this policy may be referred to law enforcement authorities.
Visitors
Visitors who violate this policy may be required to leave school property and law
enforcement may be notified of violations.
Psychological Evaluation/Risk Assessment
The Superintendent is authorized to request a psychological evaluation of a student who
violates this policy when, in his/her opinion, such an evaluation will assist in assessing
the risk the student poses to school safety if the student were to remain in school or return
to school after a suspension or expulsion.
All such evaluations shall be performed at MSAD #35’s expense. If the
parents/guardians and/or student refuse to permit a requested psychological evaluation,
the Superintendent and the Board may draw any reasonable inferences from the student’s
behavior concerning the risk the student poses to school safety for purposes of
determining appropriate action.
Staff/Student Training and Procedures
The Superintendent is authorized to institute training programs for staff and students
designed to support the goal of providing a safe, orderly and respectful school
environment. The Superintendent is also authorized to implement any administrative
procedures necessary to carry out this policy.
The Superintendent shall be responsible for the development and execution of
appropriate administrative procedures to complement relevant law, board policy and
good practice consistent with federal regulations from time to time as may be deemed
necessary.
Legal References: 20 USC § 7151 (Gun-Free Schools Act)
5 MRS § 4681 et seq.
17-A MRS § 2(9); 2(12-A)
20-A MRS §§1001(9), (9-A), (15); 6552
P.L. 2005, ch. 307
Cross References: ACAA - Harassment and Sexual Harassment of Students
ADC - Tobacco Use and Possession
EBCA – Comprehensive Emergency Management Plan
JFCK – Student Use of Cellular Telephones and Other Electronic Devices
JIC – Student Code of Conduct
JICH - Drug and Alcohol Use by Students
JICK – Bullying and Cyberbullying
JK - Student Discipline
JKD - Suspension ofStudents
JKE - Expulsion of Students
JKF - Suspension/Expulsion of Students with Disabilities
JIH - Questioning and Searches of Students
JLDBG – Reintegration of Students From Juvenile Correctional Facilities
KLG - Relations with Law Enforcement Authorities
Policy Adopted: July 30, 1996
Policy Revised: November 20, 2002
Policy Revised: October 15, 2014

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Section A foundations basic commitments

  • 1. Section A - Foundations & Basic Commitments Discrimination and Harassment Complaint Procedure - ACG Employee Discrimination and Harassment Complaint Procedure - ACAB-R Definitions How to Make a Complaint Complaint Handling and Investigation Harassment and Sexual Harassment of School Employees- ACAB Harassment Sexual Harassment Notice and Training Harassment and Sexual Harassment of Students - ACAA Student Discrimination and Harassment Complaint Procedure - ACAA-R Definitions How to Make a Complaint Complaint Handling and Investigation Hazing- ACAD Nondiscrimination/Equal Opportunity and Affirmative Action - AC School District Commitment to Learning Results - ADF School System Commitment to Standards for Ethical and Responsible Behavior for Students - ADAA Service Animals for Students and Employees - ACAC General Conditions Review of Service Animal Requests III. Removal or Exclusion of Service Animals from Schools Tobacco Use and Possession - ADC Tobacco Use and Possession Administrative Procedure - ADC-R I. Tobacco Use - Possession by Students II. Tobacco Use - Possession by Employees/Visitors/Others III. Notification Weapons, Violence and School Safety - ACAE Discrimination and Harassment Complaint Procedure - ACG This procedure has been adopted by the Board of Directors in Maine School Administrative District #35 in order to provide a method of prompt and equitable resolution of complaints of discrimination and harassment as described in policies AC Nondiscrimination/Equal Opportunity and Affirmative Action and JBA, GBBA Harassment and Sexual Harassment of Employees or Students. How to make a complaint: Any employee or 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
  • 2. behavior is unwelcome or offensive and by requesting that the behavior stop. This shall not prevent the employee or student, however, from making an immediate formal complaint. Any employee or student who believes he/she has been discriminated against or harassed should report their concern in writing promptly to a school administrator and/or the Affirmative Action Officer. The Affirmative Action officer is the Assistant Superintendent of Schools. The name is posted in a central location at every work site. Employees or students who are unsure as to whether unlawful discrimination or harassment has occurred are encouraged to discuss their concerns with the principal or supervisor or the Affirmative Action Officer. No employee or student will be penalized in any way for reporting suspected discrimination or harassment. The Affirmative Action Officer or supervisor 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 MSAD #35 in light of applicable policies and law. The Affirmative Action Officer will investigate the complaint, unless the Superintendent chooses to investigate the complaint or designates another person to investigate it on his/her behalf. The person who is the subject of the complaint will be provided with an opportunity to be heard as part of the investigation. If the complaint is against an employee of MSAD #35, any rights conferred under an applicable collective bargaining agreement shall be applied. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws. The Affirmative Action Officer shall keep a written record of the investigation process. The Superintendent may take interim remedial measures (consistent with any applicable collective bargaining agreements provisions) to reduce the risk of further harassment while the investigation is pending. The Affirmative Action Officer shall consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions. The investigation shall be completed within 21 calendar days of receiving the complaint, if practical. If the Affirmative Action Officer determines that discrimination or harassment occurred, he/she shall, in conjunction 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 harassment, if any, and
  • 3. Inform the employee or 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). If the complainant 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 complainant who believes he/she has been discriminated against or harassed is encouraged to utilize MSAD #35’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 and/or to the Federal Office for Civil Rights, Regional Director, U.S. Department of Education. Policy Adopted: January 5, 2005 Employee Discrimination and Harassment Complaint Procedure - ACAB-R This procedure has been adopted by the Board 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. Definitions For purposes of this procedure: “Complaint” is defined as an allegation that an employee has been discriminated against or harassed on the basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin or disability; and “Discrimination or harassment” means discrimination or harassment on the basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin or disability. How to Make a Complaint 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. Any employee who believes he/she has been discriminated against or harassed should report their concern promptly to the building principal. If the employee is uncomfortable
  • 4. reporting concerns to the building principal, he/she may report the concern to the Affirmative Action Officer. Employees who are unsure as to whether unlawful discrimination or harassment has occurred are encouraged to discuss their concerns with the building principal or Affirmative Action Officer. Employees will not be retaliated against for reporting suspected discrimination or harassment. Any employee who believes he/she has been discriminated against or harassed is encouraged to utilize the school unit’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, 51 State House Station, 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). Complaint Handling and Investigation The building principal or Affirmative Action Officer will promptly inform the Superintendent and the person who is the subject of the complaint that a complaint has been received. The building principal or Affirmative Action Officer 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 the school unit in light of applicable policies and law. The complaint will be investigated by the building principal or Affirmative Action Officer unless the Superintendent chooses to investigate the complaint or designates another person 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 Chair of the School Board, who should consult with legal counsel concerning the handling and investigation of the complaint. The person who is the subject of the complaint will be provided with an opportunity to be heard as part of the investigation. If the complaint is against an employee of the school unit, any rights conferred under an applicable collective bargaining agreement shall be applied. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws. The Affirmative Action Officer shall keep a written record of the investigation process. The Affirmative Action Officer may take interim remedial measures (consistent with any applicable collective bargaining agreement provisions) to reduce the risk
  • 5. of further harassment while the investigation is pending. The Affirmative Action Officer shall consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions. The investigation shall be completed within 21 calendar days of receiving the complaint, if practicable. 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 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. If the employee is dissatisfied with the decision of the Superintendent, he/she may appeal to the School Board within 14 calendar days after receiving notice of the Superintendent’s decision. The Board will consider the appeal in executive session, at its next regular meeting or a special meeting. The Superintendent shall submit to the Board his/her decision, the complaint, any responses, the investigation report and related documents. The complainant shall be allowed to be heard. The person(s) against whom the Complaint was made shall be invited and allowed to be heard. If present, the complainant’s representative and the representative of the person(s) against whom the complaint was made will also be given the opportunity to be heard. After reviewing the Superintendent’s submissions and hearing from the parties, the Board shall make a decision as to whether to affirm or modify the Superintendent’s conclusions. 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 Educational Amendments of 1972 (34 CFR § 106.8(b) Age Discrimination in Employment Act (34 CFR § 110.25) Maine Human Rights Act (5 MRSA § 4571 et seq.,4681 et seq.) Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action ACAB - Harassment and Sexual Harassment of School Employees Policy Adopted: March 7, 2001 Policy Revised: January 5, 2005 and March 4, 2009
  • 6. Harassment and Sexual Harassment of School Employees- ACAB Harassment of school employees because of race, color, sex, sexual orientation, religion, ancestry or national origin, age, or disability is prohibited. Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws. Harassment Harassment includes but is not limited to verbal abuse, threats, physical assault and/or battery based on race, color, sex, sexual orientation, religion, ancestry or national origin, age, 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. 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. 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
  • 7. 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 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-2; 29 CFR § 1604.11) Age Discrimination in Employment Act (29 USC § 623) 5 MRSA §§ 4602; 4681 et seq. 20-A MRSA § 6553 26 MRSA §§ 806-807 Cross Reference: ACAB-R - School Employee Discrimination and Harassment Complaint Procedure AC - Nondiscrimination/Equal Opportunity and Affirmative Action ACAD - Hazing Policy Adopted: March 7, 2001 Policy Revised: January 5, 2005 and March 4, 2009 Harassment and Sexual Harassment of Students - ACAA Harassment of students because of race, color, sex, sexual orientation, religion, ancestry or national origin, or disability is prohibited. Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws. Harassment Harassment includes but is not limited to verbal abuse based on race, color, sex, sexual orientation, religion, ancestry or national origin, or disability. Harassment that rises to the level of physical assault, battery and/or abuse is also addressed in the Board policy JJCI/JLI – Weapons, Violence and School Safety. 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.
  • 8. 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 Affirmative Action Officer 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 References: 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; 4681 et seq. 20-A MRSA § 6553 Cross References: ACAA/ACAA-R - Student Harassment Complaint Procedure AC - Nondiscrimination/Equal Opportunity and Affirmative Action ACAD - Hazing JJCI/JLI - Weapons,Violence and School Safety Policy Adopted: January 5, 2005 Policy Revised: March 4, 2009 Student Discrimination and Harassment Complaint Procedure - ACAA-R 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 discriminatory harassment as described in policies AC – Nondiscrimination/Equal Opportunity and Affirmative Action and ACAA/ACAA-R – Harassment and Sexual Harassment of Students. Definitions For purposes of this procedure: A “Complaint” is defined as an allegation that a student has been discriminated against or harassed on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin, or disability; and “Discrimination or harassment” means discrimination or harassment on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin, or disability. How to Make a Complaint
  • 9. Any student who believes he/she has been discriminated against or harassed should report his/her concern promptly to the building principal. Students who are unsure whether discrimination or harassment has occurred are encouraged to discuss the situation with the building principal. 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. 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. Students are encouraged to utilize M.S.A.D. #35’s complaint procedure. However, students are hereby notified that they also have the right to report complaints to the Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333 (telephone: 207-624-6050) and/or to the federal office for Civil Rights, Regional Director, U.S. Department of Education, SW McCormack POCH Room 222, Boston, MA 02109-4557 (telephone: 617-223-9622). Complaint Handling and Investigation The building principal or Affirmative Action Officer shall promptly inform the Superintendent and the person(s) who is the subject of the complaint that a complaint has been received. The building principal or Affirmative Action Officer 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 M.S.A.D. #35 in light of the particular circumstances and applicable policies and laws. The complaint will be investigated by the building principal or Affirmative Action Officer, unless the Superintendent chooses to investigate the complaint or designates another person 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 Chair of the School Board, who should consult with legal counsel concerning the handling and investigation of the complaint. The person who is the subject of the complaint will be provided with an opportunity to be heard as part of the investigation. If the complaint is against an employee of the school unit, any applicable individual or collective bargaining contract provisions shall be followed. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws. The Affirmative Action Officer shall keep a written record of the investigation
  • 10. process. The Affirmative Action Officer may take interim remedial measures to reduce the risk of further discrimination or harassment while the investigation is pending. The Affirmative Action Officer shall consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions. The investigation shall be completed within 21 calendar days of receiving the complaint, if practicable. 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 discrimination or harassment, if any; and 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). 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 investigation report and may conduct further investigation if deemed appropriate. 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 SC § 1681 et seq.) Title VI of the Civil Rights Act of 1964 (PL 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/ACAA-R - Harassment and Sexual Harassment of Students Policy Adopted: January 5, 2005 Policy Revised: March 4, 2009
  • 11. Hazing- ACAD Maine law 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 this school unit, 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 property damage or theft. No administrator, faculty member, or other employee of the school unit 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 may 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 may be subject to disciplinary action up to and including dismissal. In the case of an organization affiliated with this school unit 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 the school unit. Persons not associated with this school unit 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. This right to appeal does not apply to student suspensions of 10 days or less or to matters submitted to grievance procedures under applicable collective bargaining agreements. A copy of this policy shall be included in all school, parent, and employee handbooks or otherwise distributed to all school employees and students.
  • 12. Legal Reference: 20-A MRSA § 6553 Cross Reference: ACAA - Harassment and Sexual Harassment of Students ACAB - Harassment and Sexual Harassment of Employees JJCI/JLI - Weapons,Violence and School Safety Policy Adopted: November 1, 1989 Policy Revised: October 1, 1997, March 7, 2001, November 20, 2002 and April 15, 2009 Nondiscrimination/Equal Opportunity and Affirmative Action - AC The M.S.A.D. #35 Board is committed to maintaining a workplace and learning environment that is free from illegal discrimination and harassment. In accordance with applicable Federal and/or State laws and regulations, M.S.A.D. #35 prohibits discrimination against and harassment of employees, candidates for employment, students and others with rights to admission or access to school programs, activities or premises on the basis of race, color, sex, sexual orientation, religion, ancestry or national origin, age, or disability. For the purpose of this policy, “sexual orientation” means a person’s actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression. The Board delegates to the Superintendent the responsibility for implementing this policy. The M.S.A.D. #35 Affirmative Action Plan will include designation of an Affirmative Action Officer who will be responsible for ensuring compliance with all Federal and State requirements related to nondiscrimination. The Affirmative Action Officer will be appointed by the Superintendent and will be a person with direct access to the Superintendent. The Superintendent/Affirmative Action Officer shall be responsible for ensuring that notice of compliance with Federal and State civil rights laws is provided to all applicants for employment, employees, students, parents and others, as appropriate. Legal References: 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 (5 MRSA § 4551, et seq.)
  • 13. Cross References: M.S.A.D. #35 Affirmative Action Plan ACAA-Harassment and Sexual Harassment of Students ACAB-Harassment and Sexual Harassment of School Employees Policy Adopted: January, 20, 1993 Policy Revised: April 25, 2001, December 4, 2002, January 5, 2005 and February 25, 2009 School District Commitment to Learning Results - ADF M.S.A.D. #35 hereby adopts Maine’s system of Learning Results. The Learning Results system is intended to serve as a foundation for education reform and to promote and provide assessment of student learning, accountability and equity. The Board recognizes that the legislative intent of the Learning Results system is to provide children with schools that reflect high expectations and create conditions where these expectations can be met. The Board understands that implementation of the Learning Results system and the mandate to provide all students with equitable opportunities to meet the content standards of the system of Learning Results have broad implications for the school unit, including curriculum, budget, professional development, student assessment, professional evaluation, and graduation requirements. Therefore, the Board is committed to examining its policies and school system practices to ensure that they are consistent with the intent and goals of the Learning Results system. This will require a concerted and coordinated effort involving the Board, the Superintendent, administrators, teachers, parents, students, and the community. The Board directs the Superintendent to develop a plan and timeline for implementing the Learning Results system and any appropriate administrative procedures. The Board further directs the Superintendent to report to the Board annually or as requested on progress toward implementing the Learning Results system and student progress toward achievement of the content standards of the Learning Results. Legal Reference: 20-A MRSA §§ 1001(6), 6208-6209 L.D. 1536, Chapter 51 Resolves Ch. 127 § 3 (Me. Dept. of Ed. Rule) Policy Adopted: September 3, 2003 Policy Revised: March 18, 2009 School System Commitment to Standards for Ethical and Responsible Behavior for Students - ADAA The School Board believes that promoting ethical and responsible behavior for students is an
  • 14. essential part of the school unit’s educational mission. The Board recognizes that ethics, constructive attitudes, responsible behavior, and “character” are important if a student is to leave school as a “responsible and involved citizen,” as described in the Guiding Principles of the Maine Learning Results. The Board also recognizes that Maine law requires the adoption of a district-wide student code of conduct consistent with statewide standards for student behavior developed by the Commissioner of the Department of Education in compliance with 20-A MRSA § 254(11). The Board seeks to create and maintain a school climate in which ethical and responsible behavior can flourish. The Board believes that instilling a sense of ethics and responsibility in students requires setting positive expectations for student behavior as well as establishing disciplinary consequences for behavior that violates Board policy or school rules. Further, the Board believes that in order to teach ethical and responsible behavior, adults who interact with students must strive to model and reinforce ethical and responsible behavior. To that end, the Board supports an active partnership between schools and parents. The Board recognizes that a Student Code of Conduct consistent with statewide standards for student behavior shall, as required by law: Define unacceptable student behavior; Establish standards of student responsibility for behavior; Prescribe consequences for violation of the Student Code of Conduct, including first-time violations, when appropriate; Describe appropriate procedures for referring students in need of special services to those services; Establish criteria to determine when further assessment of a current Individual Education Plan (IEP) is necessary, based on removal of the student from class; Establish policies and procedures concerning the removal of disruptive or violent students from a classroom or a school bus, as well as student disciplinary and placement decisions, when appropriate; and Establish guidelines and criteria concerning the appropriate circumstances when the Superintendent/designee may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involves violence committed by any person on school grounds or other school property. The Student Code of Conduct will be reviewed periodically by the School Board, with input from administrators, staff, parents, students, and members of the community. Students, parents, staff, and the community will be informed of the Student Code of Conduct through handbooks and/or other means selected by the Superintendent/designee. Ethics and Curriculum The Board encourages integration, examination and discussion of ethical issues within content areas of the curriculum, as appropriate. The Board also encourages school administrators and staff to provide students with meaningful opportunities to apply values and ethical and responsible behavior through activities such as problem solving, service learning, peer mediation and student government/leadership development.
  • 15. Legal Reference: 20-A MRSA §§ 254, 1001(15) Cross Reference: JICDA – District-Wide Student Code of Conduct Policy Adopted: June 10, 2009 Service Animals for Students and Employees - ACAC General Conditions Only qualified individuals with disabilities are eligible to use service animals in school. Any person who believes he or she may be so qualified should address this issue with a building administrator. “Service animal” means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including but not limited to, guiding individuals with impaired vision and assisting individuals with impaired mobility. Maine Human Rights Commission regulations also include any animal which has been prescribed for an individual with disability by a physician, psychiatrist or psychologist. Use of a service animal by a student with a disability will be allowed in school when it has been determined that the student’s disability requires such use for the student to have equal access to the services, programs or activities being offered by the school. Use of a service animal by an employee with a disability will be allowed when such use is necessary to enable the employee to perform the essential functions of his or her position, or to enable the employee to enjoy equal benefits and privileges of employment as are enjoyed by other similarly situated employees without disabilities. The District will not be responsible for the training, feeding, grooming or care of any service animal permitted to attend school under these procedures. It shall be the responsibility of the individual with a disability to ensure the proper care and supervision of the service animal. The District must approve any person who is authorized to assist in the care and supervision of the service animal. All service animals will wear a harness/saddle bag or vest that identifies them as service animals and will always be on a leash. The employee, or in the case of a student, the student’s parents are liable for any damage to school or personal property and any injuries to individuals caused by the service
  • 16. animal. Review of Service Animal Requests The building principal, in consultation with appropriate administrators, shall make the decision to permit, exclude, limit or remove a service animal under these procedures. In making such a decision, he or she shall meet and discuss the issue with the employee making the request, or in the case of a student, with a student and the student’s parents. This discussion should identify the precise limitations resulting from the individual’s disability and the ways in which the service animal may overcome those limitations. The employee, or in the case of a student, the student’s parents are required to provide the following in support of their request: Documentation of adequate liability insurance; Copy of current dog license; Certification of current rabies and other vaccinations and certification of good health from a licensed veterinarian; Certification of the service animal’s training; Appropriate documentation for any person besides the employee or student who is proposed to care for the service animal at school; Evidence that the employee or student can maintain appropriate care and control of the service animal in school. If a service animal request is approved, the District retains the right to require that updated or additional information be provided. The District may impose additional conditions based on the employee or student’s particular circumstances and/or develop an individual plan regarding the service animal. III. Removal or Exclusion of Service Animals from Schools The District may remove, limit, or exclude from the school any service animal for reasons such as the following: The animal poses a direct threat to the health or safety of the student or others at school, causes a significant disruption of school activities or otherwise jeopardizes the safe operation of the school; The animal is unable to perform reliably the services for which it has been approved;
  • 17. The animal is not under the full control of the student or employee with a disability. The animal is a public health threat as a result of being infested with parasites, or having a communicable disease of the skin, mouth or eyes; The animal lacks proof of current rabies and other appropriate vaccinations and/or is not properly licensed; The animal is not properly trained to relieve itself outside the school building; The animal’s presence significantly impairs the learning of students; The animal’s presence fundamentally alters the nature of any school program; or The employee or, in the case of the student, the student’s parents fail to provide or maintain current documentation required by this policy. If the building principal is considering excluding, limiting or removing the animal for any of the reasons noted in Paragraph #1 above, the principal should also discuss with the employee or the student and a student’s parents what alternative methods may resolve the problems presented by the service animal. The building principal may also discuss the issue with others who may be of help to him or her in making a decision. Either the affected employee or the parents of the student may challenge the decision made through the District’s Nondiscrimination/Harassment Complaint Procedure, but during any such challenge, the building principal’s decision shall remain in effect. Legal References: 42 U.S.C. § 12101 et seq. 36 C.F.R. § 104; 302 MAINE HUMAN RIGHTS COMMISSION RULE CHAPTER 7.01 Policy Adopted: September 7, 2005 Policy Revised: December 7, 2005 Tobacco Use and Possession - ADC In order to promote the health and safety of all students and staff and to promote the cleanliness of all facilities, the Board of Directors prohibits smoking and the use of all other tobacco
  • 18. products in school buildings, facilities, and on school buses during school-sponsored events and at all other times on school grounds by all persons, including students and employees. In addition, students are further prohibited from possessing, selling, distributing, or dispensing tobacco products in school buildings, facilities, and on school grounds and buses during school- sponsored events and at all other times. Employees and all other persons are also strictly prohibited, under law and this Board's policy, from selling, distributing, or in any way dispensing tobacco products to students. Legal References: 22 MRSA §1578-B Me. PL 470 (An Act to Reduce Tobacco Use by Minors) 20 USC 6081 (Pro-Children Act of 1994 - Goals 2000) Policy Adopted: December 2, 1992 Policy Revised: February 7, 1996, December 4, 2002 and June 10, 2009 Tobacco Use and Possession Administrative Procedure - ADC-R I. Tobacco Use - Possessionby Students The use, possession, sale, dispensing or distribution of tobacco products is prohibited. This policy applies to any student, including students who may be eighteen years of age or older, who are on school property, who is in attendance at school or at any school-sponsored activity or who is on school buses. Tobacco products include cigarettes, cigars, chewing or any other form of tobacco, and any device used in smoking, or any form of tobacco consumption including, but not limited to, cigarette papers, and pipes, or their facsimiles. High School and Middle School Use and Possession First Infraction Parent/ Guardian will be notified Tobacco products will be confiscated. The police department will be notified if the student is less than eighteen years of age. The student will be assigned a three day suspension. The student will be referred to a counselor. Second Infraction Parent/Guardian will be notified Tobacco products will be confiscated. The police department will be
  • 19. notified if the student is less than eighteen years of age. The student will be referred to a counselor for a tobacco education program. A five-day, out of school suspension will be assigned, reduced to a three days suspension if the student agrees to meet with a counselor and makes a commitment to participate in a tobacco education program. Third Infraction Parent/Guardian will be notified. A conference will be held with the student, parent/guardian, counselor and administration. Tobacco products will be confiscated. The police department will be notified if the student is less than eighteen years of age. A ten-day, out of school suspension will be assigned, and student must make a commitment to participate in a tobacco education program arranged through a counselor. Subsequent Infractions The student and his/her parent/guardian will meet with the principal and Superintendent. A ten-day, out-of-school suspension will be assigned, and a recommendation for expulsion may be considered. Tobacco products are confiscated. The police department is notified. High School and Middle School Sale or Distribution of tobacco Products First Infraction Parent/Guardian will be notified. A conference will be held with the student, parent/guardian, counselor and administration. Tobacco products will be confiscated. The police department will be notified if the student is less than eighteen years of age. A ten-day, out of school suspension will be assigned, and student must make a commitment to participate in a tobacco education program arranged through a counselor. Second Infraction The student and his/her parent/guardian will meet with the principal and Superintendent. A ten-day, out-of-school suspension will be assigned, and a recommendation for expulsion may be considered. Tobacco products will be confiscated. The police department will be notified if the student is less than eighteen years of age. II. Tobacco Use - Possessionby Employees/Visitors/Others Employees and all other persons are prohibited from smoking and all other use of tobacco products in school buildings and other school unit facilities, on school buses, and on school grounds at all times. Employees and all other persons are also prohibited from selling, distributing, or in any way dispensing tobacco products to students.
  • 20. Employees, visitors, and all other persons (except students, to whom Section I applies) in violation of this policy, shall be immediately directed to cease the behavior. Any person suspected of selling, distributing, or in any way dispensing tobacco products to students shall be referred to local law enforcement authorities. Any employee who violates this policy shall be subject to disciplinary measures. III. Notification The Board’s policy and disciplinary consequences for violations will be communicated through student and employee handbooks and other means deemed appropriate by the Superintendent/designee. Cross Reference: Policy JICDA – District-Wide Student Code of Conduct Policy Adopted: June 10, 2009 Weapons, Violence and School Safety - ACAE The School Board believes that students and staff are entitled to learn and work in a school environment free of violence, threats and other disruptive behavior. Students, school staff, volunteers and visitors are expected to conduct themselves with respect for others and in accordance with Board policies, school rules, reasonable unwritten behavior expectations, and applicable state and federal laws. School staff and volunteers are required to immediately report incidents of prohibited conduct to the building administrator for investigation and appropriate action. Students who are subjected to or observe prohibited conduct are strongly encouraged to report it to a staff member or administrator. This policy shall apply to students, staff and all other persons at all times, on school premises, in any school vehicle, at any school sponsored activity, or at any time or place if the conduct has an adverse effect on the discipline or welfare of the school. Prohibited Conduct Students, school staff, volunteers and visitors are prohibited from engaging in the following conduct on school property, while in attendance at school or at any other school-sponsored activity, or at any time or place that such conduct directly interferes with the operations, discipline or general welfare of the school: Possession and/or use of articles commonly used or designed to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person. Examples of such articles include but are not limited to firearms, BB guns, pellet guns, any other kind of gun, ammunition, explosives, cross-bows, brass knuckles,
  • 21. switchblades, knives, chains, clubs, Kung Fu stars and nunchucks; Discharge of a firearm within 500 feet of school property; Use of any object, although not necessarily designed to be a weapon, to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person. Examples of such objects include but are not limited to bats, belts, picks, pencils, compasses, articles capable of ignition (e.g., matches, lighters), files, tools of any sort and replicas of weapons (including toys); Violent, threatening or menacing behavior, including but not limited to fighting, assault and/or battery, taking hostages, threats to commit violence against persons or property (e.g., verbal or written death threats, threats of bodily harm, bomb threats), stalking, or blocking access to school property or facilities; Verbal or written statements (including those made on or through a computer or other electronic device) which threaten, intimidate, or harass others; verbal or written statements which tend to incite violence and/or disrupt the school program; blackmail; extortion; or demands for money or property; Intentional damage to school or personal property; Stealing or attempting to steal school or personal property; Lewd, indecent or obscene acts or expressions of any kind; Violations of MSAD #35’s drug/alcohol and tobacco policies; Violations of state or federal laws; and Any other conduct that may be harmful to persons or property. Exceptions to Prohibition Against Possessionand Use of Weapons on School Property The prohibition on the possession and discharge of a firearm does not apply to law enforcement officials. An authorized person who possesses other weapons for use in specific instructional programs that have been approved and authorized by the Board and for which appropriate safeguards have been adopted by the Board. Disciplinary Action Students Principals may discipline, suspend and/or recommend expulsion of students who violate this policy based upon the facts of each case and in accordance with applicable state and federal laws. Conduct which violates this policy is deliberately disobedient and deliberately disorderly within the meaning of 20-A MRS § 1001(9) and will be grounds for expulsion if found necessary for the peace and usefulness of the school. Such conduct may also be grounds for expulsion under other provisions of 20-A MRS § 1001 (9 and 9-A) that specifically prohibit the use and possession of weapons, infractions of violence, and possession,
  • 22. furnishing and trafficking of scheduled drugs. Students who are found to have brought a firearm or to have possessed a firearm at school (as both terms are defined by federal law), shall be expelled for a period of not less than one year. All firearms violations shall be referred to law enforcement authorities as required by law. Other violations of this policy shall be referred to law enforcement authorities at the discretion of the Superintendent. Students with disabilities shall be disciplined in accordance with applicable federal and state laws/regulations and Board Policy JKF. School Staff and Volunteers School staff members who violate this policy shall be disciplined in accordance with any applicable collective bargaining agreement or MSAD #35 procedure. Volunteers who violate this policy may, at the Superintendent and building administrator’s discretion, have their volunteer authorization revoked or restricted, depending on the circumstances of the particular case. Violations of this policy may be referred to law enforcement authorities. Visitors Visitors who violate this policy may be required to leave school property and law enforcement may be notified of violations. Psychological Evaluation/Risk Assessment The Superintendent is authorized to request a psychological evaluation of a student who violates this policy when, in his/her opinion, such an evaluation will assist in assessing the risk the student poses to school safety if the student were to remain in school or return to school after a suspension or expulsion. All such evaluations shall be performed at MSAD #35’s expense. If the parents/guardians and/or student refuse to permit a requested psychological evaluation, the Superintendent and the Board may draw any reasonable inferences from the student’s behavior concerning the risk the student poses to school safety for purposes of determining appropriate action. Staff/Student Training and Procedures The Superintendent is authorized to institute training programs for staff and students designed to support the goal of providing a safe, orderly and respectful school environment. The Superintendent is also authorized to implement any administrative procedures necessary to carry out this policy. The Superintendent shall be responsible for the development and execution of appropriate administrative procedures to complement relevant law, board policy and good practice consistent with federal regulations from time to time as may be deemed
  • 23. necessary. Legal References: 20 USC § 7151 (Gun-Free Schools Act) 5 MRS § 4681 et seq. 17-A MRS § 2(9); 2(12-A) 20-A MRS §§1001(9), (9-A), (15); 6552 P.L. 2005, ch. 307 Cross References: ACAA - Harassment and Sexual Harassment of Students ADC - Tobacco Use and Possession EBCA – Comprehensive Emergency Management Plan JFCK – Student Use of Cellular Telephones and Other Electronic Devices JIC – Student Code of Conduct JICH - Drug and Alcohol Use by Students JICK – Bullying and Cyberbullying JK - Student Discipline JKD - Suspension ofStudents JKE - Expulsion of Students JKF - Suspension/Expulsion of Students with Disabilities JIH - Questioning and Searches of Students JLDBG – Reintegration of Students From Juvenile Correctional Facilities KLG - Relations with Law Enforcement Authorities Policy Adopted: July 30, 1996 Policy Revised: November 20, 2002 Policy Revised: October 15, 2014