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AC - E - AFFIRMATIVE ACTION PLAN 

  • Section A: Foundations and Basic Commitments

AC-E - AFFIRMATIVE ACTION PLAN  

I. STATEMENT OF NONDISCRIMINATION: 

The RSU 21 Board is committed to maintaining a workplace and learning environment that is free from discrimination and harassment. In accordance with applicable Federal and/or State laws and regulations, RSU 21 prohibits discrimination against, and harassment of, employees, candidates for employment, and others with rights to admission or access to school programs, activities or premises on the basis of any protected classification, including without limitation, race, color, sex, pregnancy, sexual orientation, gender, gender identity, including transgender status, gender expression, genetic predisposition and genetic information,  religion, ancestry or national origin, age, familial status, physical or mental disability, protected activity under the Maine Whistleblower’s Protection Act, or filing a prior claim under the Workers’ Compensation Act.

For the purpose of this policy, “sexual orientation” means a person’s actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression. 

For the purpose of this policy, “race” includes traits associated with race, including hair texture, Afro hairstyles, and protective hairstyles, including braids, twists, and locs.

“Gender identity” means the gender-related identity, appearance, mannerisms or other gender-related characteristics of an individual, regardless of the individual’s assigned sex at birth. 

“Gender expression” means the external appearance of one’s gender identity which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. 

The Board delegates to the Superintendent the responsibility for implementing this plan. The RSU 21 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 affirmative action officer will receive training as determined by the Superintendent in consultation with district legal counsel to execute the responsibilities of this position.

The Superintendent shall be responsible for ensuring that a notice indicating that RSU 21 complies with Federal and State civil rights laws is provided to all applicants for employment, employees, students, parents and others, as appropriate. 

A. Contacts for Inquiries and Complaints: 

To make an inquiry or file a complaint concerning the above statement, an individual may contact one of the following: 

RSU 21 Affirmative Action/Title IX Officer
177 Alewive Road
Kennebunk, Maine 04043 
207-985-1100  

Maine Human Rights Commission 
51 State House Station 
19 Union Street 
Augusta, Maine 04333 
(Telephone: 207-624-6290; Fax 207-624-8729)  

Office for Civil Rights Boston Office
U.S. Department of Education 
5 Post Office Square, 8th Floor 
Boston, MA 02109-3921 
(Telephone: 617-289-0111; Fax: 617-289-0150) 
E-mail: OCR.Boston@ed.gov  

B. Complaint/Grievance Procedures: 

Procedures for reporting a complaint/grievance have been implemented to provide for the prompt and equitable resolution of allegations of discrimination on the basis of any protected classification, including without limitation, race, color, sex, pregnancy, sexual orientation, gender, gender identity, including transgender status, gender expression, genetic predisposition and genetic information, religion, ancestry or national origin, age, familial status, physical or mental disability, protected activity under the Maine Whistleblower’s Protection Act, or filing a prior claim under the Workers’ Compensation Act. The procedures are found in policies ACAA-R (students) and ACAB-R (employees).  

II. DISSEMINATION PROCEDURES: NOTICE AND POSTING 

A. General Notice and Posting: 

Notice of this Affirmative Action Plan, including but not limited to the policies and grievance procedures contained therein, shall be distributed to all employees and students at the beginning of each school year by means chosen by the Superintendent.  

Notice of RSU 21’s compliance with anti-discrimination laws shall be: 

  1. Posted in a conspicuous and accessible place in all school buildings of RSU 21; 

  2. Included in written announcements, electronic web pages, bulletins, catalogs or application forms which are made available to applicants for employment, students and parents of elementary and secondary students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the School Department, or which are otherwise used in connection with the recruitment of students or employees; 

  3. Distributed to all personnel in charge of screening, recruiting, selection, hiring and promotion of employees or applicants; 

  4. Published annually in all school handbooks (student and employee handbooks).  

B. Annual Notice of Employee Harassment and Sexual Harassment Policy Complaint Procedure 

A copy of the complaint procedures (ACAA-R and ACAB-R) shall be 

distributed annually to all School Department employees and posted on the RSU 21 website at www.rsu21.net   

C. Posting on Sexual Harassment and Employment Discrimination: 

Workplace posters on sexual harassment and employment discrimination shall be posted in conspicuous and accessible places within RSU 21 where notices to employees are customarily posted (e.g., in each school department building).  

D. Copies of Affirmative Action Plan Available:

A copy of this Affirmative Action Plan, including all of the policies contained therein, will be made available to any interested person by posting all policies on RSU 21 website.  

III. TRAINING 

A. Gender Equity Training: 

1. RSU 21 shall be responsible for developing plans for in-service training programs on gender equity for teachers, administrators and the School Board

B. Sexual Harassment Training

  1. RSU 21 shall conduct education and training programs on sexual harassment: 

    1. for all new employees within one year of commencement of employment, and 

    2. for supervisory and managerial employees within one year of commencement of supervisory or managerial employment status.  

IV. RESPONSIBILITY FOR IMPLEMENTATION: 

The Superintendent of Schools holds ultimate responsibility for the operation, oversight and success of RSU 21’s Affirmative Action Plan and nondiscrimination policies. These responsibilities shall be delegated in whole or in part to an Affirmative Action Officer who shall be appointed by and report directly to the Superintendent. 

The responsibilities of the Affirmative Action Officer include but are not limited to the following: 

  1. Managing the organization and implementation of the Affirmative Action Plan; 

  2. Disseminating the required notices, policies and information regarding federal and state anti-discrimination laws to employees, applicants, students and parents, and others, where applicable; 

  1. Maintaining such records, reports and documents as the Officer may require to comply with federal and state record keeping requirements; 

  2. Coordinating RSU 21’s efforts to comply with and carry out its responsibilities under all applicable federal and state anti-discrimination laws (including serving as the Title IX/ADA/ Section 504/Age Discrimination Coordinator as required by those laws); 

  3. Coordinating the investigation of complaints of discrimination on the basis of any protected classification, including without limitation, actual or perceived race, color, sex, pregnancy, sexual orientation, gender, gender identity, including transgender status, gender expression, genetic predisposition and genetic information, religion, ancestry or national origin, age, familial status physical or mental disability, protected activity under the Maine Whistleblower’s Protection Act, or filing a prior claim under the Workers’ Compensation Act, in relation to employees, applicants for employment and students; 

  4. Reporting to the Superintendent when necessary any findings and recommendations for enforcing compliance with the Affirmative Action Plan; 

  5. Developing, coordinating and implementing plans for in-service gender equity training programs; 

  6. Developing, coordinating and implementing sexual harassment training programs for employees and supervisors.  
     

Each person charged with the screening, selection, recruiting, hiring and/or promotion of applicants or employees in RSU 21 shall adhere to the policy of nondiscrimination and equal employment opportunity established in the Affirmative Action Plan.  
 

V. ASSESSMENT OF CURRENT WORKFORCE: UTILIZATION ANALYSIS 

RSU 21 shall periodically assess the numbers of minorities, women and persons with disabilities in its workforce and determine where imbalances exist. Such assessment shall determine whether there is underutilization of a particular gender or minority or of persons with disabilities in different job categories in RSU 21. The term “underutilization” is defined by the Office of Federal Contract Compliances as having fewer minorities or women in a particular job classification than would reasonably be expected by their availability in the job market where an employer can reasonably expect to recruit new employees. In determining whether underutilization in the workforce exists, RSU 21 shall consider relevant local workforce statistics, RSU 21’s workforce profile, the nature and validity of its job classifications and the number, frequency and category of vacancies.  
 

VI. GOALS, PROCEDURES AND TIMETABLES

If an assessment determines that imbalances exist in the RSU 21 workforce with respect to numbers of minorities, women and persons with disabilities, RSU 21 shall develop realistic goals for necessary action, related procedures, and timetables for correcting such imbalances, including an annual report in November to the RSU 21 School Board by the Affirmative Action Officer. 

The following goals, procedures, and responsibilities have been adopted to increase the representation of minorities, women and disabled at all levels and in all segments of RSU 21's workforce where imbalances exist: 

A. Recruitment

It is the intent of RSU 21 to ensure equal access to all employment opportunities.

Goal/Objective:  RSU 21 will make continued efforts to recruit all segments of the population, including women, minorities, and the disabled.

Responsibility: Affirmative Action Officer

B. Selection

Hiring of personnel is done through established policies and procedures, with interviews being monitored by the Affirmative Action Officer for compliance with the Affirmative Action Plan.

Goal/Objective: When vacancies arise in job classifications where women, minorities or the disabled are underrepresented, the Affirmative Action Officer will ensure that interview questions present an equal employment opportunity prior to contacting candidates.

Responsibility: Affirmative Action Officer

C. Wage and Salary Standards

Job classifications and wage and salary standards are based solely upon the knowledge, skills, and abilities required by the position.

Goal/Objective: Creation of new or upgrading of existing job classifications will be discussed with the Affirmative Action Officer prior to implementation.

Responsibility: Superintendent

D. Procedure for Reporting Complaints Procedure

Internal and external complaints of discrimination will be treated seriously and promptly by RSU 21.

Goal/Objective: All discrimination complaints shall be referred to the Affirmative Action Officer. The Affirmative Action Officer will attempt to settle informal complaints where appropriate and will pursue all other procedures necessary to effectively and appropriately address the complaint. The Affirmative Action Officer will provide timely updates of matters coming to their attention.

Responsibility: Affirmative Action Office

E. Reasonable Accommodation for Disabled Applicants and Employees

It is the intent of RSU 21 to provide reasonable accommodations to applicants and employees with disabilities consistent with the requirements of the Americans with Disabilities Act and the Maine Human Rights Act.

Goal/Objective: Annually review and assess hiring procedures and implementation of employee leave policies for compliance with the Americans with Disabilities Act and the Maine Human Rights Act.

Responsibility: Affirmative Action Officer and Superintendent 

 

Legal Reference: 

Americans with Disabilities Act (28 CFR § 35.07) 

Section 504 of the Vocational Rehabilitation Act (34 CFR § 35.07) 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 M.R.S.A. § 4571 et seq., 4681 et seq.) 

Cross Reference: 

AC - Nondiscrimination/Equal Opportunity and Affirmative Action 

ACAA - Harassment and Sexual Harassment of Students 

ACAA-R – Student Discrimination and Harassment Complaint Procedure 

ACAB – Harassment and Sexual Harassment of School Employees 

ACAB-R – Employee Discrimination and Harassment Complaint Procedure  

Adopted: 12/07/2015

Amended:  06/15/2020  

Amended : 01/10/2023

 

  • Section A