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Campus Policies

decorative bulletWeapons Policy

Effective Date: 7/24/90
Revised Date: May 2, 2001

POLICY:

Subject: Weapons
Applies to: Employees, Students, and Visitors
Number: 101.19

Dangerous weapons, including, but not limited to, firearms, bows, arrows, rockets, sling shots, air guns, martial arts weapons, and sharp-edged weapons are not permitted on property owned by or under the control of the University of Southern Maine and off-campus activity sponsored by the University of Southern Maine.

Any exception must be approved by the Chief of the USM Police Department and shall be subject to such terms and conditions as the Chief shall deem reasonable.

Any member of the University community who violates this policy shall be subject to appropriate disciplinary action up to and including dismissal from the University, and/or arrest and criminal prosecution.

Any person who is not a member of the University community who violates this policy shall be notified at once of the violation orally or in writing as soon as possible after the discovery. The person may be subject to all appropriate procedures and penalties including, but not limited to, the application of the criminal provisions of the law of the State of Maine.


decorative bulletAlcohol and Illegal Drugs

U.S.M. recognizes that the role of alcohol in University life is a potential obstacle for the personal and professional growth of the entire community.  As a member of this community, it is likely that alcohol may have some impact on your life, whether it is in the classroom, residence halls, office, or home.  Therefore, U.S.M. strives to create a campus climate that promotes social interactions that do not rely on alcohol, but rather seeks to     encourage responsible choices made with all members of the U.S.M. community in mind.

To assist us in creating a safer, more secure community that encourages responsible choices and positive social interactions, U.S.M. has created a “Three Strikes Policy” regarding alcohol violations for residential students.  An accumulation of three strikes while residing in a residence hall may result in the termination of the student’s residence hall contract.  Due to the nature of certain violations, some students may lose their housing for a single violation.  One example is when a student permits other people to violate the alcohol policy in his/her room or suite.  Whether evidence exists that a student has provided the alcohol for underage people or merely provided a place for the underage people to consume alcoholic beverages, that student will receive a minimum sanction of two strikes.

All students and their guests are required to adhere to federal, state, and University policy regarding alcoholic beverages.  Maine State Law requires that people be 21 years of age before purchasing, using and/or possessing alcoholic beverages.  To help students clearly understand the University policy and make responsible choices, the following list delineates the behaviors that are considered violations:

A.  For students UNDER THE AGE OF 21 the following behaviors are considered violations  (This list is not all inclusive):

· Possession of any alcoholic beverage anywhere on campus.

· Exhibiting signs of alcoholic beverage consumption or intoxication (such as alcohol on breath, slurred speech, blood-shot eyes, vomiting,      difficulty standing, etc.) anywhere on or off campus or admitting to being intoxicated on or off campus.

· Possession of any empty alcoholic beverage container, including carrying to recycling or possessing any empty container in a room for        decoration anywhere on campus.

· Possession of tapping equipment, and any other item whose purpose is deemed to be the consumption of large amounts of alcoholic beverages, such as “funnels.”

· Selling, serving, giving away, or making alcoholic beverages available to underage people and/or people who are exhibiting signs of consumption or intoxication (such as slurred speech, alcohol on breath, blood-shot eyes, vomiting, difficulty standing, etc.) anywhere on campus.

· Permitting any person to violate the alcoholic beverage policy in your room.

· Supporting a violation of the alcoholic beverage policy (defined as being present when other people are violating the policy).

 

B.  For students 21 YEARS OF AGE OR OLDER the following behaviors are considered violations (This list is not all inclusive):

· Possession of open alcoholic beverages in public places on campus, including hallways, stairways, lounges and lobbies

      of all residence halls (except at events where alcohol is available/served in compliance with the University Alcoholic Beverage                                                           

      Policy).

· Possession of open alcoholic beverages in any student’s room in Philippi, Robie/Andrews, Upperclass Hall or Portland Hall where all occupants of that room are under 21 years of age or the occupant(s) who are 21 years of age are not present.

· Possession or consumption of alcoholic beverages or possession of empty alcoholic beverage containers in Anderson, Dickey Wood, Upton Hastings, and Woodward.

· Selling, serving, giving away or making alcoholic beverages available to, or transporting alcohol for underage people anywhere on campus.

· Permitting any person to violate the alcoholic beverage policy in your room.

· Possession of common sources of alcoholic beverages such as, but not limited to, kegs and beer balls, tapping equipment, and any other items whose purpose is deemed to be the consumption of large amounts of alcoholic beverages such as “funnels”.

· Supporting a violation of the alcoholic beverage policy, defined as being present when other people are violating the policy.

· Exhibiting signs of alcoholic beverage intoxication (such as alcohol on breath, slurred speech, blood-shot eyes, vomiting, difficulty standing, etc.) anywhere on or off campus or admitting to being intoxicated on or off campus.

· Alcoholic beverages from any person who is deemed to be in violation of the alcoholic beverage policy will be destroyed by that person, in the presence of a U.S.M. Residential Life and Resident Education staff member.  The returnable cans and bottles, drained kegs, and rented tapping equipment will not be returned to the person who violated policy. 

· Students on the Substance Free Floor must abide by policies outlined in the Substance Free supplemental housing contract.

Failure to comply with the alcoholic beverage policy will result in disciplinary action and may also result in the University

of Southern Maine Police Department conducting a criminal investigation, with the possibility of arrest.



08/10/07

University of Southern Maine
Policy on Sexual Assault
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 Southern 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 Southern 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 if requested to do so by the complainant. 

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 Southern 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 Southern Maine, as a standard for the Student Code of Conduct, defines sexual assault as follows:  

A      Sexual Assault: Non-Consensual Sexual Intercourse
Sexual Assault, also known as rape, may consist of non-consensual penetration of the genitals, anus or mouth of one by the genitals or fingers of another or an instrument or device manipulated by another person. This may include vaginal intercourse, anal intercourse (sodomy), oral sex, or non-consensual sexual penetration of genital or anal openings by a foreign object, including a finger. Force, the threat of physical harm, coercion, or manipulation may be present during non-consensual sexual intercourse. Non-consensual sexual intercourse may take many forms including, but not limited to, rape by a stranger, an acquaintance, while on a date; rape by multiple perpetrators (often referred to as “gang rape”), and may occur both on and off campus.[1]

 B.       Sexual Harassment
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 website 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.

D.      Consent
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 Southern Maine, as a standard for the Student Code of Conduct, determines the following to be its intentions for this policy: 

 A.        Maine State Law
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 Southern 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 Southern 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. The University reserves the right to alter and/or restrict the respondent's access to the University and/or participation in University events, such as use of GroupWise (university e-mail system), attendance of classes and campus residency. 

C.      Disciplinary Action
Any student found by The University of Southern 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 at http://www.maine.edu/pdf/06-09conductcodebookcleancopyfinal052206.pdf
 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 and action is requested, the incident will be investigated and adjudicated by appropriate criminal and/or University authorities.
  •        A person may invite an adviser of choice (except an attorney) to accompany her/him throughout the process. A university advocate is also available for the student throughout this process.  If the respondent is facing criminal charges for the same incident, then the complainant may also be advised by an attorney whether not the respondent has an attorney.  Also if the respondent has a hearing before the Conduct Committee the complainant is permitted to have an attorney as an advisor at that time whether or not the respondent has an attorney present.
  •        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 criminal and university proceedings.
  •        Individuals will be notified of available on and off-campus counseling, physical, 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 accused person 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.
  •       The complainant may invite an advisor of choice to accompany him or her through University disciplinary proceedings. A university advocate is also available upon request.
  •       S/he has the right to remain present during the entire Student Conduct Committee hearing except during committee deliberations.
  •       S/he has the right not to have his or her sexual history discussed during the hearing.
  •       S/he has a right to make an “impact statement”.
  •       S/he has the right to be informed concurrent with notice to the accused (respondent) of the decision of the Director or Assistant Director of Community Standards, and/or the Student Conduct 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 obtaining, securing and maintaining evidence (including a medical examination) necessary in criminal and university proceedings.
  •        The respondent will be informed of available counseling and psychological services.
  •        The respondent may invite an advisor of choice (except an attorney) to accompany him/her through University disciplinary proceedings.  If the respondent is facing criminal charges for the same incident he/she is permitted to have an attorney.  Also if the respondent has a hearing before the Conduct Committee he/she is permitted to have an attorney as an advisor at that time.
  •        The respondent has the right to remain present during the entire Student Conduct 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:
  •        S/he will be informed of the decision of the Director or Assistant Director of Community Standards and/or the Student Conduct Committee regarding the alleged sexual assault violation and any sanction(s) imposed. The respondent and the complainant must respect the privacy of all involved.
  •       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.
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 Gender Violence Collaborative. This Collaborative 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 Southern 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 e-mail to enrolled students and all University staff by e-mail or mail. 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 Gender Violence Initiative numerous rape/sexual assault awareness education, and prevention presentations are made each year to members of the campus community. For more detailed information, see the following websites:
Women’s Resource Center:          www.usm.maine.edu/womenctr
University Police Department      www.usm.maine.edu/police
Community Standards Office      www.usm.maine.edu/ocs

IV.       Reporting Procedures
All students, faculty, and staff, as well as members of the public participating in University activities have the right to an environment free from sexual or physical intimidation that would prevent a reasonable person from attaining educational goals or living and working in a safe environment. Disruptive behavior of this nature should be reported to appropriate University staff so it may be addressed. Any member of the community can file a report with the appropriate University official. Sexual assault by an employee will be dealt with under the Equal Opportunity Complaint Procedure and applicable law.

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 USM Police website: www.umaine.edu/.

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 Southern Maine offers confidential advocacy services to all University affiliates (students and employees). The USM Gender Violence Initiative 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 University Counseling and Health Center, Employee Assistance Program. No one is expected or required to pursue a specific course of action.

2.           Official Reporting
All University of Southern Maine students, employees, or visitors are strongly encouraged to make an official report of any incident of sexual assault to the USM Police and/or Office of Community Standards whether the incident occurred on or off campus. Official reporting may initiate a course of action. 

3.           Anonymous Reporting
Any University of Southern Maine students, employees, or visitors may file an anonymous report via website http://www.usm.maine.edu/police/assault_form.htm. 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.

[1] Sexual intercourse with a person under the statutory age of consent is classified by the FBI’s Uniform Crime Reporting Program as a non-forcible sex offense and for purposes of this policy is considered sexual assault.

Community Resources
Sexual Assault Response Services of Southern Maine
1-800-313-9900    TTY Hotline: 888-458-5599
www.sarssm.org

Bath/Brunswick: Sexual Assault Support Services of Midcoast Maine
http://www.sassmm.org

Lewiston-Auburn: Sexual Assault Crisis Center
http://www.sacc1984.com

Ingraham - Offers toll free, 24-hour hotline from anywhere in Maine for anyone in a crisis situation
http://www.ingraham.org

Cumberland & York County Emergency: All towns dial 911
Cumberland County Sheriff's Department - 207-774-1444
http://www.cumberlandcounty.org/SOmain.html

York County Sheriff's Department - 207-324-1113

Maine State Police - 1-800-228-0857
http://www.state.me.us/dps/msp/msp.htm

USA Cops - This link will provide you with the contact information for all the police and sheriff's departments in Maine.
http://www.usacops.com/me/pollist.html

Hospitals in Southern Maine
Goodall Hospital - Sanford
http://www.goodallhosp.org

Maine Medical Center - Portland
http://www.mmc.org

Mercy Hospital - Portland
http://www.mercyhospital.com

Southern Maine Medical Center - Biddeford
http://www.smmc.org

York Hospital - York
http://www.yorkhospital.com

National Sexual Assault Resources
National Sexual Violence Resource Center
http://www.nsvrc.org

RAINN: Rape, Abuse & Incest National Network
http://www.rainn.org

National Organization on Male Sexual Victimization
http://www.malesurvivor.org

Clothesline Pins by Bonnie Shelley
http://www.clotheslinepins.com

SANE-SART Homepage - This guide is designed for nursing professionals involved in providing evaluations of sexually abused victims.
http://www.sane-sart.com

Survivorship Homepage - For survivors of cult and ritualistic abuse.
http://www.survivorship.org


Stalking and Relationship Abuse Policy
I.          Statement of Purpose
This policy serves to define certain behaviors and/or acts that the University does not tolerate, and to articulate how the institution will respond when incidents of relationship abuse and violence are reported. This policy does not substitute or supersede the University of Maine System Student Conduct Code. 
The University of Southern Maine is an educational community bound by common standards of conduct and a commitment to its educational missions. Relationship abuse and stalking interfere with the University’s educational mission and with students’ aspirations and abilities by:

·        Causing emotional and/or physical harm to community members;
·        Contributing to an atmosphere of fear and distrust;
·        Offending the dignity and violating the autonomy of community members;
·        Disrupting the academic progress of partners and/or former partners.

II.        Definition of Terms
Relationship Abuse is a pattern of coercive behaviors that serves to exercise control and power in an intimate relationship. The coercive and abusive behaviors can be physical, sexual, psychological, verbal and/or emotional. Relationship abuse can occur between current or former intimate partners who have dated, lived together, or been married. It can occur in opposite-sex and same-sex relationships. Relationship abuse is sometimes also referred to as intimate partner violence, domestic violence, or dating violence.
For the purposes of this policy and related procedures, the term relationship abuse encompasses one or more of the following behaviors directed toward a current or former intimate partner:
(1)   Attempting to cause or causing bodily injury or offensive physical contact, e.g., slapping, pulling hair, punching, sexual assault;
(2)    Knowingly restricting the movements of another person, e.g., removing a person from residence or school, isolating or confining a person for a substantial period, monitoring phone calls or email, preventing a person from attending class or interfering with studying;
(3)    Attempting to place or placing another person in fear through a course of conduct, e.g., threatening, manipulating, intimidating, verbally and/or emotionally abusive behaviors, or exhibiting extreme possessiveness or jealousy.

Stalking is defined as a pattern of conduct[1] that has the purpose or effect of producing fear and/or creating an intimidating, hostile or offensive environment. "A pattern of conduct" means repeatedly (two or more times) maintaining unwanted visual or physical proximity to a person or repeatedly conveying oral or written threats, implicitly threatening conduct, or any combination of these directed at or toward a person. The following are examples of stalking behavior:
  •          unwelcome communication, including, but not limited to: face-to-face, telephone, voice message, electronic mail, written letter, and/or contact; unwelcome gifts or flowers, etc.;
  •          threatening or obscene gestures and/or pursuing or following;
  •          surveillance;
  •          trespassing;
  •          vandalism;
  •          unwelcome touching or physical contact; and/or
  •         gaining unauthorized access to personal, medical, financial and/or other identifying information, including, but not limited to: access by computer network, mail, telephone or written communication.

1. Cyber-stalking is an extension of the physical form of stalking (defined above) where electronic media such as the internet, pagers, cell phones, or other similar devices are used to pursue, harass or to make unwanted contact with another person in an unsolicited fashion.

III.       Statement and Intent of Policy
Relationship abuse, stalking, and sexual assault are related phenomena and can occur in the same relationship.  However, some characteristics are unique to each type of behavior. Relationship abuse and stalking are covered by this policy; the University of Southern Maine has a separate policy addressing sexual assault; and USM has protocol for responding to reported incidents of sexual assault, relationship abuse, and stalking. As a matter of policy, relationship abuse and stalking will not be tolerated in the University community.

All students, faculty, and staff, as well as members of the public participating in University activities have the right to an environment free from interpersonal violence, including relationship abuse, harassment, assault, and stalking. Violence, abuse, and/or acts of aggression or intimidation directed toward another person violate the University’s Student Conduct Code and Maine state law. As members of the University community, students are expected to comply with and abide by the University policies and guidelines, in addition to federal, state, and local laws whether on or off campus.  

The University of Southern Maine determines the following to be its intentions for this policy:  
A.     Maine State Law and University Policy
Portions of this policy may parallel published laws, but are in no way intended to substitute or supplant those laws.  It should be clearly understood that there is a fundamental difference between the nature and purpose of student discipline and criminal law. For more information about the laws of Maine see:
 http://janus.state.me.us/legis/ros/lom/lomdirectory.htm.
University disciplinary procedures should be considered distinct and independent of any and all criminal procedures. University disciplinary procedures may precede, co-occur, or follow court action. When necessary, temporary action may be taken by the University against the person accused in the form of summarily suspending, summarily restricting, or officially requesting no contact between the complainant and the respondent.  Relocation or removal from the residence halls may also occur. The University reserves the right to alter and/or restrict the respondent's access to the University and/or participation in University events, such as use of Groupwise (university e-mail system), attendance of classes and campus residency. 

B.     Campus Disciplinary Proceedings
Individuals should refer to the Student Conduct Code for information regarding violations, procedures and sanctions. Any questions regarding the Student Conduct Code should be directed to the Director of Community Standards. 

The person who reports victimization and witnesses is not required to initiate the Student Conduct Code allegations. When an incident of relationship abuse or stalking is reported, the University is considered the complainant and is responsible for continuing the investigative process. Charges can be investigated on the basis of either a statement from the person who reports relationship abuse or stalking or a witness’s statement or complaint (e.g., residence hall staff, police, faculty, staff, and another student). The person who reported the incident(s) and all witnesses will be asked to contribute their statements and any information to assist in the resolution of the complaint. The person who reports victimization has the right to withdraw from the investigation at any time. The university may proceed with disciplinary action even when the person who reports victimization voluntarily chooses not to participate in the process. Additional questions or concerns regarding disciplinary proceedings should be addressed directly to the Office of Community Standards.

The University recognizes that violations of relationship abuse and stalking are not the fault of the individual filing the complaint. The University intends to encourage the report of relationship abuse and stalking and therefore the University generally does not intend to hold the person filing the complaint accountable for conduct code violations that may have occurred along with violations of relationship abuse and stalking. The University administration will use discretion to ensure the rights of the complainant are preserved.
 
C.     Procedure for Policy Assessment and Improvement
The University supports and maintains the Gender Violence Initiative 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 and reviewing 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. 

IV.       Reporting Procedures
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.
Any individual may file a complaint of relationship abuse or stalking 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.
Reporting incidents of relationship abuse and stalking can sometimes compromise individual safety. In order to provide appropriate support and services, this policy delineates the following reporting options.

A.     Confidential Disclosure
The University of Southern Maine offers confidential advocacy services to all University affiliates (students and employees). The Gender Violence Initiative 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 University Counseling and Health Center, Employee Assistance Program. No one is expected or required to pursue a specific course of action.

Official Reporting
All University of Southern Maine students, employees, or visitors are strongly encouraged to make an official report of any incident of relationship abuse and stalking to the USM Police and/or Office of Community Standards, whether the incident occurred on or off campus. The laws of Maine mandate a law enforcement officer arrest without a warrant when the officer has probable cause to believe a person has committed assault, stalking, or reckless conduct against an intimate partner. 
Anonymous Reporting
Any University of Southern Maine students, employees, or visitors may file an anonymous report via
 http://www.usm.edu/womenctr
Initiators of anonymous reports are not identifiable by the recipient. Such reports may be filed regardless of any legal or University disciplinary action. 

Community Services
FAMILY CRISIS SERVICES (Cumberland & Sagadahoc Counties)
P.O. Box 704, Portland, ME 04104
Admin.: 207-767-4952
Hotline: 1-800-537-6066; 207-874-1973
All numbers TTY accessible
Send E-mail to: familycrisis@familycrisis.org or look on the web at: www.familycrisis.org

FAMILY VIOLENCE PROJECT (Kennebec & Somerset Counties)
P.O. Box 304, Augusta, ME 04332
Admin.: 207-623-8637
Hotline: 1-877-890-7788; 207-623-3569
Send E-mail to: fvp@familyviolenceproject.org or look on the web at: www.familyviolenceproject.org

Caring Unlimited
York County's Domestic Violence Program
Office: (207) 490-3227 Email: mail@caring-unlimited.org
P.O. Box 590
Sanford, ME 04073
Hotline: 1-800-239-7298

Aroostook Band of Micmacs Family Violence Prevention Services
Office Phone: 207-764-1972
Battered Women's Project: 1-800-439-2323

Houlton Band of Maliseet Indians Domestic Violence Response Program
Phone: 207-532-6401
Cell phone: 207-694-1353

Passamaquoddy Peaceful Relations Domestic Violence Program:
Hotline: 207-853-2613

Penobscot Nation:
Spruce Run: 1-800-863-9909, 207-947-0496

LEWISTON/AUBURN—Sexual Assault Crisis Center (SACC)
www.sexualassaultcrisiscenter.org
Hotline: 1.800.871.7741 / 207.795.2211
Area served: Androscoggin County

PORTLAND— Sexual Assault Response Services of Southern Maine (SARSSM)
www.sarsonline.org
Hotline: 1.800.871.7741 / 1.800.313.9900
Area served: Cumberland & York Counties

BATH/BRUNSWICK— Sexual Assault Support Services of Midcoast Maine (SASSMM)
www.sassmm.org
Hotline: 1.800.871.7741 / 1.800.822.5999
Area served: Eastern Cumberland, Sagadahoc & Lincoln Counties

Internet Resources:
Abused Women's Advocacy Project:
http://www.awap.org/
American Bar Association's Commission on Domestic Violence:
Family Violence Prevention Fund:
http://endabuse.org/
Institute on Domestic Violence in the African-American Community:
http://www.dvinstitute.org/
Maine Coalition to End Domestic Violence:
http://www.mcedv.org/
LifeSpan:
http://www.life-span.org/
Maine Legal Services for the Elderly:
http://www.mainelse.org/
Make It Your Business:
http://www.makeityourbusiness.org/
Muslims Against Family Violence:
http://www.geocities.com/athens/academy/7368/muslimdv_sign.htm
Another Closet
http://ssdv.acon.org.au/
National Coalition Against Domestic Violence:
http://www.webmerchants.com/ncadv/
Maitri-domestic violence programs for south aisian women
http://www.maitri.org/
New York State Office for the Prevention of Domestic Violence:
http://www.opdv.state.ny.us/
Rainbow Coalition Against Domestic Violence:
http://www.rainbowdomesticviolence.itgo.com/
Teen Relationship Web Site - CDVP:
http://www.safeyouth.org/scripts/teens/dating.asp
The Feminist Majority Online and their Domestic Violence Information Center:
http://www.feminist.org/other/dv/dvhome.html
The Gay Men's Domestic Violence Project:
http://www.gmdvp.org/
The National Electronic Network on Violence Against Women (V A Wnet):
http://www.vawnet.org/
Violence Against Women Office:
http://www.usdoj.gov/ovw/
Pine Tree Legal Assistance:
http://www.ptla.org/index.html
The "Greenbook" Initiative
http://www.thegreenbook.info/
Hot Peach Pages - International DV Abuse List
http://www.hotpeachpages.net/
Teens and Partner Violence
http://www.endabuse.org/programs/display.php3?DocID=347

Internet Resources for Stalking and Cyber Stalking
National Stalking Resource Center
http://www.ncvc.org/src/Main.aspx
National Center for Victims of Crime Stalking Resource Center
http://www.ncvc.org/src/Main.aspx
Working to Halt Online Abuse
http://www.haltabuse.org/
Cyberangels
 http://www.cyberangels.org/
Safety Ed International
http://www.safetyed.org/
Electronic Privacy information Center (EPIC)
http://www.epic.org/
Online Privacy Alliance
http://www.privacyalliance.org/
Network Solutions WHOIS
http://www.networksolutions.com/whois/index.jsp
Wiredsafety
http://wiredsafety.org/cyberstalking harassment//

[1] “A pattern of conduct” does not include activity protected by the Constitution of Maine, the United States Constitution or by state or federal law


 
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