Information in this Catalog covers the year 2015-2016
The University of Maine does not discriminate on the grounds of race, color, religion, sex, sexual orientation, including transgender status and gender expression, national origin, citizenship status, age, disability, genetic information or veteran’s status in employment, education, and all other programs and activities. The following person has been designated to handle inquiries regarding non-discrimination policies: Director, Office of Equal Opportunity, 101 North Stevens Hall, 207.581.1226, firstname.lastname@example.org.
Sex Discrimination, Sexual Harassment, Sexual Assault, Relationship Violence, Stalking and Retaliation Policy and Procedures can be found on the Office of Equal Opportunity’s website at: http://umaine.edu/eo/policies-procedures/sex-discrimination-sexual-harassment-sexual-assault-relationship-violence-stalking-and-retaliation/
The University of Maine System (“the University”) is committed to providing a safe environment which promotes the dignity and worth of each member of the community. In complying with the letter and spirit of applicable laws and in pursuing its own goals of diversity, the University does not discriminate on the basis of sex in employment, education, and all other programs and activities. For this reason, the University will not tolerate sex discrimination, sexual harassment, sexual assault, dating violence, domestic violence, stalking, or retaliation in any form. All conduct of this nature is considered a violation of the Sex Discrimination, Sexual Harassment, Sexual Assault, Relationship Violence, Stalking and Retaliation Policy.
The University will respond promptly and effectively to complaints and reports of violations of this policy. The University has an obligation to address incidents of sexual harassment that it knows or should know about, even when a complaint or report is not filed. The University will take steps to end and prevent recurrence of violations and to correct their discriminatory effects on the complainant and others. In responding to all complaints and reports, the University will act to ensure the safety of students, guests, and employees while complying with state and federal laws and provisions of applicable collective bargaining agreements and employee handbooks.
Abbreviated Definitions under the Sex Discrimination, Sexual Harassment, Sexual Assault, Relationship Violence, Stalking and Retaliation Policy and Procedures (for complete definitions, please see the full policy on line):
A. Sexual Harassment: Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, including sexual assault and sexual violence.
B. Sexual Assault: Sexual assault means an offense that meets the definition of rape, fondling, incest, or statutory rape.
C. Dating Violence: Dating violence is violence committed against a person by an individual who is or has been in a social relationship of a romantic or intimate nature with that person.
D. Domestic Violence: A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; or by a person who is or was cohabitating with the victim as a spouse or intimate partner; or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
E. Stalking: Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress.
F. Retaliation: Retaliation is action taken by the University or any individual or group against any person for opposing any practices forbidden under this policy or for filing a complaint, testifying, assisting, or participating in an investigation or proceeding under this policy. This includes action taken against a bystander who intervened to stop or attempt to stop a violation of this policy. Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s complaint or participation. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy.
G. Sexual Misconduct: Sexual misconduct includes, but is not limited to, prostituting another person, nonconsensual image capturing of sexual activity, presentation or unauthorized viewing of a nonconsensual videotaping of sexual activity, letting others watch you have sex without the knowledge or consent of your sexual partner, possession of child pornography, peeping tommery, and/or knowingly transmitting an STD or HIV to another person.
H. Consent: Consent is agreement to engage in sexual contact. Consent must be informed, freely and actively given, and consist of a mutually agreeable and understandable exchange of words or actions. Consent is clear, knowing and voluntary. Consent is active, not passive. Consent may be withdrawn at any time. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and conditions of) sexual activity. Past consent does not imply future consent. Consent to engage in one form of sexual activity does not imply consent to engage in any other sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with any other person.
It is not consent 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. Consent is not valid if the person is too young to consent to sexual activity under Maine law.
Consenting relationships may constitute sexual harassment. When a professional power differential exists between members of the University of Maine System and a romantic or sexual relationship develops, there is a potential for abuse of that power, even in relationships of apparent mutual consent. Faculty and staff members are strongly advised not to engage in such relationships. Further, the University System prohibits the abuse of power in romantic or sexual relationships.
To assure that power is not abused and to maintain an environment free of sexual harassment, a faculty or staff member must eliminate any current or potential conflict of interest by removing himself or herself from decisions affecting the other person in the relationship. Decisions affecting the other person include grading, evaluating, supervising, or otherwise influencing that person’s education, employment, housing, or participation in athletics or any other University System activity.
Questions, concerns and complaints about discrimination or discriminatory harassment in any area of the University or about the application of laws and regulations related to equal opportunity and affirmative action should be directed to: Director of Equal Opportunity/Title IX Coordinator/ADA Coordinator at the Office of Equal Opportunity, 101 North Stevens Hall, Orono, ME 04469-5754; 207.581.1226 (voice) or 207.581.9484 (TDD).
For more information about resources available for students who have been victims of sexual discrimination or violence, please visit the Office of Sexual Assault and Violence Prevention Office website at umaine.edu/OSAVP or contact Deputy Title IX Coordinator Elizabeth Lavoie at 581.1406.