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.
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 MainePolicy on Sexual AssaultStudents
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 PolicyI. 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