Windham Raymond School District

District Title IX Officer Donn Davis (207)-892-1800

DEFINITION OF BULLYING, CYBERBULLYING, HARASSMENT AND RETALIATION

Policy JICK-E1 

Definitions:

"Bullying" includes, but is not limited to, a written, oral or electronic expression or a physical act or gesture or any combination thereof directed at a student/staff member or students/staff members that:
A.  A reasonable person would expect it to have, the effect of:
      1. Physically harming a student/staff member or damaging a student's/staff member's property; 
      2.  Placing a student/staff member in reasonable fear of physical harm or damage to the student's/staff member's property;
      3. Substantially disrupting the instructional program or the orderly operations of the school;   or
B.  Is so severe, persistent, or pervasive that it creates an intimidating, hostile educational environment for the student/staff who is
      bullied; or interferes with the student’s/staff member's academic performance or ability to participate in or benefit from the
      services, activities, or privileges provided by a school.
      Examples of conduct that may constitute bullying, include, but are not limited to:
      1. Physical contact or injury to another person or his/her property;
      2. Threats of harm to a student/staff member, to his/her possessions, or to other individuals, whether transmitted verbally in 
          writing, or through cyberspace;
      3. Blackmail, extortion, demands for protection money, or involuntary loans or donations;
      4. Non-verbal threats and/or intimidations such as use of aggressive or menacing gestures;
      5. Stalking;
      6. Blocking access to school property or facilities;
      7. Stealing or hiding books, backpacks, or other possessions;
      8. Repeated or pervasive taunting, name-calling, belittling, mocking, put-downs, or demeaning humor relating to a student’s/
          staff member's  race, color, ethnicity, gender, sexual orientation,  ancestry, religion, disability, or other personal
          personal characteristics, whether or not the student/staff member actually possesses them, that could reasonably be   
          expected to result in disruption of the instructional program or operations of the schools, or that results in a hostile
          educational environment for the student/staff member.
      9. Behavior that is intended to harm someone by damaging or manipulating his or her relationships with others, including but
          not limited to gossip, spreading rumors, and social exclusion.

"Cyberbullying" means bullying through the use of technology or any electronic communication, including, but not limited to, a transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted by the use of any electronic device, including, but not limited to, a computer, telephone, cellular telephone, text messaging device and personal digital assistant.

Harassment (included under Maine’s Model Policy as "bullying") is bullying-type behavior motivated by bias or prejudice based on real or perceived characteristics that include:
1. Race  5. Disability 
2. Color  6. Sex / Sexual Orientation
3. Religion  7. Gender Identity 
4. Ancestry or national origin 
Retaliation is conduct by a student directed against another student for:
1. Reporting or filing a complaint,
2. Aiding or encouraging the filing of a report or complaint
3. Cooperating in an investigation under this policy
4. Taking action consistent with this policy

Sexual Harassment: Under both Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972, sexual harassment is considered to be unlawful discrimination on the basis of sex. In addition, discrimination on the basis of sex is prohibited in the State of Maine.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following: The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

Unlawful sexual harassment may occur without economic injury to or discharge of the victim. The harasser's conduct must be unwelcome, to be considered "harassment."

After reading the above definitions of Bullying and Harassment,
if you feel you have been bullied or harassed please click the button below to open a new case.



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