Rape and
Sexual Assault Policy and Guidelines
Students who report violations of this policy will be given a
copy of this document and advised of all options available to
them. University officials will respect the student’s right to
confidentiality to the extent permitted under university and
legal regulations.
I. Statement of Purpose
The
University of Maine will not tolerate and prohibits rape,
acquaintance rape, and sexual assault in any form. These acts
are against Maine State Law. Rape and other sexual assaults also
violate the University's policy prohibiting sexual harassment.
If there is reason to believe that The University of Maine
campus regulations prohibiting sexual assaults of any kind have
been violated, on or off-campus, the administration will pursue
disciplinary action through the appropriate University
procedures.
Sexual
assault occurs with disturbing frequency among college age men
and women but is very often unreported. In order to provide
support for individuals reporting incidents of sexual assault
and to enforce the behavioral standards critical to the
University’s mission, students are encouraged to report all
violations of this policy to appropriate University personnel.
The
University acknowledges that rape perpetrated by someone unknown
(often referred to as “stranger rape”) does occur. However, the
most prevalent form of sexual assault on a college campus is
between two people who know each other (often referred to as
“acquaintance rape”). The acquaintance may be a date, partner,
or someone known casually from a residence hall, class, club, or
through mutual friends. Regardless of the relationship, the same
institutional response and penalties apply. To clearly
illustrate the seriousness of these offenses, this policy does
not differentiate the types of offenses based on the
relationship between the individuals. This policy is intended to
provide more detailed information about how The University of
Maine handles sexual assault matters and is not intended to
replace the UMS Student Code of Conduct, the UMS Sexual
Harassment Policy, or the UMS Equal Opportunity Complaint
Procedure.
II. Definition of
Terms
The
University of Maine, as a standard for the Student Code of
Conduct, defines sexual assault as follows:
Other forms of
non-consensual sexual acts include unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct
of a sexual nature, e.g., unwanted touching, directly or through
clothing, of an intimate part of another person
such as a sexual organ, thighs, buttocks, or breast.
These behaviors are covered by the Sexual Harassment Policy,
which may be found at
www.umaine.edu/eo/Policy/sexualharassment.htm.
C.
Sexual Exploitation
Sexual
Exploitation occurs when a person takes non-consensual, unfair,
or abusive sexual advantage of another for his/her own advantage
or benefit; or to benefit or advantage anyone other than the one
being exploited. This behavior must not otherwise constitute a
violation of sexual assault or sexual harassment. Examples of
sexual exploitation include, but are not limited to,
prostituting another student, non-consensual video or
audio-taping of sexual activity, presentation or unauthorized
viewing of such recordings, going beyond the boundaries of
consent (such as letting your friends watch you having
consensual sex without the knowledge or consent of your sexual
partner), engaging in peeping tommery, and knowingly
transmitting an STD or HIV to another student.
Consent must be informed, freely and actively given, and consist
of a mutually agreeable and understandable exchange of words or
actions. Any consent that is given is invalid or moot when the
exchange involves unwanted physical force, coercion,
intimidation, and/or threats. If an individual is mentally or
physically incapacitated or impaired such that one cannot
understand the fact, nature or extent of the sexual situation,
and the incapacitation or impairment is known or should be known
to a reasonable person, there is no consent. This includes
conditions resulting from alcohol or drug consumption, or being
asleep or unconscious.
III. Statement and
Intent of Policy
The
University of Maine, as a standard for the Student Code of
Conduct, determines the following to be its intentions for this
policy:
In
publishing this policy the University is not intending to
substitute or supersede related civil and/or criminal law. It
is the policy of The University of Maine to strongly encourage
individuals to report all incidents and violations to law
enforcement officials or agencies with appropriate jurisdiction
and avail themselves of all the services and rights to which
they are entitled.
It should be clearly understood that there is a fundamental
difference between the nature and purpose of student discipline
and criminal law. Maine State Law considers gross sexual assault
and unlawful sexual contact to be serious crimes that are
punishable by imprisonment in jail and/or probation. It also
involves creation of a criminal record and may include a
monetary fine.
B. Multiple Adjudication
A student
charged with sexual assault may be prosecuted under the Maine
Criminal Justice System and disciplined through the University
of Maine student discipline process. Even if the criminal
justice authorities choose not to prosecute, the accused may be
subject to University disciplinary action. University
disciplinary procedures should be considered distinct and
independent of any and all criminal procedures. Discipline
procedures may precede, occur simultaneously, or follow court
action. In the event that University disciplinary procedures
follow court action, the court proceedings and/or verdict may be
considered in the disciplinary proceeding. When necessary,
temporary action may be taken by the University in the form of
summarily suspending or summarily restricting the accused, or
officially requesting no contact between the complainant and the
respondent. Relocation or removal from the residence halls may
also occur. Any of these measures may result in the accused
student’s restricted access to the University and/or
participation in University events, such as attendance at
classes and residing on campus.
C. Disciplinary Action
Any student found by The University of Maine Office of Community
Standards, Rights, and Responsibilities to have committed sexual
assault may be subject to severe disciplinary sanctions,
including suspension or dismissal from the University. For
information about sanctions, individuals should refer to The
University of Maine System Student Conduct Code, Section IV
Sanctions.
The University recognizes that violations of sexual assault are
not the fault of the individual filing the complaint. The
University intends to encourage the report of sexual assaults
and therefore the University generally does not intend to hold
complainants accountable for conduct code violations that may
have occurred along with violations of sexual assault.
The University administration will use discretion to ensure the
rights of the complainant are preserved.
1.
Rights of the Complainant
Individuals who report their experience of sexual assault to
University officials may be assured that:
·
All sexual
assault cases will be treated seriously.
·
They will
be treated with dignity, respect, and in a non-judgmental
manner.
·
University
officials will inform students of their option to notify
appropriate law enforcement authorities, including on-campus and
local police, and offer assistance in notifying proper
authorities when an individual discloses an incident of sexual
assault.
·
When an incident of sexual assault, harassment or exploitation is
reported, the incident will be investigated and adjudicated by
appropriate criminal and/or University authorities.
·
A person
may invite an advisor of choice to accompany her/him throughout
the process.
·
University
personnel will not discourage anyone from reporting, nor
encourage them to under-report or report the incident as a
lesser crime.
·
University
personnel will cooperate in obtaining, securing and maintaining
evidence (including a medical examination) necessary in legal
proceedings.
·
Individuals will be notified of available on and off-campus
counseling, mental health, and psychological services, or other
student services for those reporting sex offenses.
·
Individuals will be afforded the opportunity to request
immediate on-campus housing relocation, transfer of classes, or
other steps to prevent unnecessary or unwanted contact or
proximity to an alleged perpetrator when reasonably available.
Campus
disciplinary proceedings:
In order
to conduct a fair, orderly hearing, the complainant may request
reasonable accommodations be made in hearing procedures, such as
special seating arrangements in the hearing room.
o
The
complainant may invite an advisor of choice to accompany him or
her through University disciplinary proceedings.
o
S/he has
the right to remain present during the entire Student Conduct
Code Committee hearing except during committee deliberations.
o
S/he has
the right not to have his or her sexual history discussed during
the hearing.
o
S/he has a
right to make a “impact statement”.
o
S/he has
the right to be informed concurrent with notice to the accused
(respondent) of the decision of the Director of Community
Standards, Rights, and Responsibilities and the Student Conduct
Code Committee regarding the alleged sexual assault violation
and any sanction(s) imposed. The complainant and the respondent
must respect the privacy of all involved.
2.
Rights of the Person Accused of Sexual Assault
The
student accused of sexual assault (the respondent) may be
assured that:
·
All sexual
assault cases will be treated seriously.
·
The
respondent will be treated with dignity, respect, and in a
non-judgmental manner.
·
The
respondent will be advised of on- and off-campus organizations
and services that may be of assistance.
·
University
personnel will cooperate in investigating the case fully for
legal and judicial proceedings.
·
The
respondent will be informed of available counseling and
psychological services.
·
The
respondent may invite an advisor of choice to accompany him/her
through University disciplinary proceedings.
·
The
respondent has the right to remain present during the entire
Student Conduct Code Committee hearing except during committee
deliberations.
·
In order
to conduct a fair, orderly hearing, reasonable accommodations
may be made in hearing procedures, such as special seating
arrangements in the hearing room.
Campus disciplinary proceedings:
o
S/he will
be informed of the decision of the Director of Community
Standards, Rights and Responsibilities and the Student Conduct
Code Committee regarding the alleged sexual assault violation
and any sanction(s) imposed. The respondent and the complainant
must respect the privacy of all involved.
o
Individuals should refer to the University of Maine System
Student Conduct Code. Attention should be given to Section V.
Procedures and Section IV., Sanctions, in particular. Any
questions regarding the Student Conduct Code should be directed
to the Director of Community Standards, Rights, and
Responsibilities.
3. Group
Infractions
Every organization
has the duty to take all reasonable steps to prevent any
infraction of University rules and state laws growing out of or
related to the activities of the organization. This duty is
applicable not only to members of the organization who are
engaging in the activity, but also to every member, including
those not engaging in the activity.
When students
violate policy, they should be aware that in addition to being
adjudicated as individual offenses, there may also be
sanctioning of the entire organization. In determining whether a
group may be held collectively responsible for the individual
actions of its members, all the factors and circumstances
surrounding the specific incident will be reviewed and
evaluated. As a guiding principle, groups will be held
responsible for the acts of their members when those acts grew
out of, or were in any way related to, group life.
4. Use
of Alcohol and Drugs
The use of
alcohol and other drugs by the accused in conjunction with an
incident of sexual assault does not mitigate accountability for
the commission of sexual assault or diminish the seriousness of
the incident. The accused person’s intentional use of a
substance to affect an individual in order to facilitate an
assault will be considered when determining
responsibility and, if found responsible, appropriate sanctions.
D. Procedure for Policy
Assessment and Improvement
The University supports and maintains the Rape & Sexual Assault
Awareness Committee as a standing committee. This Committee is
comprised of faculty, staff, students, and community members.
This group is responsible for: a) reviewing non-identifiable
campus crime information being collected in compliance with The
Clery Act, b) reviewing various policies and protocols related
to incidents of sexual assault, relationship abuse, and
stalking, c) ensuring ongoing awareness and education programs
on campus, and d) advocating for support services for
individuals who report incidents of sexual assault, relationship
abuse, and stalking.
E.
Policy Dissemination
As
required by the Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act of 1998, the University
provides to each of its students the following:
a. The University of Maine Sexual Assault Policy;
b. Data on the prevalence of these crimes and their frequency
on college and university campuses;
c. Information about the circumstances in which campus rapes
commonly occur; and
d. The range of administrative, civil, and criminal penalties
that may be invoked against perpetrators.
Notice of
availability of this information is made by October 1st of each
year by mail to enrolled students. Notice to prospective
students is included with the information in application
materials prepared by the Admissions Office.
F.
Education
In cooperation with the University's Rape & Sexual Assault
Awareness Committee, numerous rape awareness, education, and
prevention presentations are made each year to members of the
campus community. For more detailed information, see the
following websites:
Public Safety's Crime Prevention Program:
www.umaine.edu/security/awareness.htm
Safe Campus Project:
www.umaine.edu/safecampusproject/
Rape & Sexual Assault Awareness Committee:
www.umaine.edu/rsaac
A.
Safety and Security Information Report
Under The
Clery Act, an institution must report certain crimes to the
campus community in a timely manner that will aid in prevention
of similar crimes that represent a threat to students and
employees. To that end, a community alert will be issued
whenever appropriate. Additionally, departments will comply with
all mandatory reporting requirements. More information may be
found at the UMaine Police website: www.umaine.edu/security.
B. Reporting Timeframe
Any
individual may file a complaint of sexual assault at any time.
Early reporting is encouraged to preserve evidence and provide
the person filing the complaint with information regarding
rights, options, and resources available to them by this policy
and federal or state laws.
C. Reporting Options
In order
to provide appropriate support and services, this policy
delineates the following reporting options.
1.
Confidential Disclosure
The
University of Maine offers confidential advocacy services to all
University affiliates (students and employees). The UMaine Safe
Campus Project offers assistance by providing a confidential
advocate to support and assist individuals to: 1) weigh options
and associated risks, 2) discuss possible next steps, and 3)
obtain information about available resources and services. Other
campus offices offer confidential support, e.g., the Counseling
Center, Employee Assistance Program. No one is expected or
required to pursue a specific course of action.
2.
Official
Reporting
All
University of Maine students, employees, or visitors are
strongly encouraged to make an official report of any incident
of sexual assault to the UMaine Police and/or Office of
Community Standards Rights, and Responsibilities whether the
incident occurred on or off campus. Official reporting may
initiate a course of action.
3.
Anonymous
Reporting
Any
University of Maine students, employees, or visitors may file an
anonymous report via http://www.umaine.edu/publicsafety/txt/campuseyes.htm.
Initiators of anonymous reports are not identifiable by the
recipient. Such reports may be filed
irregardless of any legal or University disciplinary action.
Nothing in
this policy should be interpreted as precluding enforcement of
the laws and regulations of the United States of America, the
State of Maine, any locality in the state of Maine, or the
University’s Student Conduct Code.
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