Sexual
Assault Response Services
UNIVERSITY OF SOUTHERN MAINE
POLICY AND PROCEDURES ON SEXUAL ASSAULT
Statement
of Intent
USM
Policy on Sexual Assault and Definitions
What
happened to "rape"?
University
Obligations
Reporting
a Case of Sexual Assault
What
can one Do? Help Checklist
Reporting
Process
Who
must report?
Health
Care Choices
Counseling
Choices
Housing
Academic
Support
Training
and Resource Materials
Community
Relationships
What
are my rights?
STATEMENT OF INTENT
The University of Southern Maine is a learning and living
community in which safety and mutual respect are important.
USM's Policy on Sexual Assault states clearly for all members
of the community standards of sexual behavior which ensure
the protection, safety, and well being of all, encourage
reporting and appropriate responses to cases of sexual misconduct,
protect and support the needs and rights of alleged victims/survivors
and those accused, and fulfill the responsibilities of the
University to maintain safety and report accurately.
POLICY
The University of Southern Maine expressly prohibits and
will not tolerate sexual assault, as defined by USM in this
policy. These behaviors all constitute violations of the
Student Conduct Code, and will be met with appropriate sanctions,
up to and including dismissal. Many are also violations
of the laws of the State of Maine, and may be prosecuted
criminally.
WHEN IS VIOLATION OF THIS POLICY ALSO A
CRIME?
USM's Policy on Sexual Assault and the State of Maine's
criminal code have different proof requirements. Some forms
of sexual assault, as defined in USM's Policy on Sexual
Assault, are also crimes under Maine law. Should one wish
to consider a criminal prosecution, contact USM's Manager
of Sexual Assault Programs, USM Police or local police department.
DEFINITIONS
Sexual Assault is:
- Any act between two persons, without effective consent
of both, which involves genital to genital contact; oral
to genital contact; anal to genital contact; anal, oral
or genital contact with the use of an object or device.
Proof or allegation of penetration is not required to
prove sexual assault.
- Any sexual touching of the anus, genitals, breasts
or buttocks, directly or through clothing, of one person
by another person, with any body part or object, without
effective consent of both.
- Any disrobing or intentional exposure of the genitals,
anus, buttocks or breasts of a person without the effective
consent of the person so exposed.
- Any sexual act in which one has impaired the other's
power to appraise or control his or her own sexual acts
by administering or employing alcohol, drugs, other intoxicants
or similar means.
- Any sexual act in which one has taken advantage of
the other's inability to appraise or control his or her
own sexual acts under circumstances to include, but not
limited to: being under the influence of alcohol, drugs
or other intoxicants; unconciousness; illness; being asleep
or any situation in which one cannot give effective consent
to the sexual acts.
Effective Consent is:
- Informed, freely and actively (not passively) given,
mutually understandable words or actions which indicate
a willingness to participate in any or each mutually agreed
upon sexual activity.
- Not obtained through the use of force, threat (actual
or implied), intimidation, coercion or fraud.
- Not given under the influence of alcohol, drugs or
other intoxicants which have impaired the ability of a
man or woman to appraise his or her own sexual acts.
More about Effective Consent
- Consent is based on choice.
- Consent is active, not passive.
- Consent to one level of sexual activity does not mean
consent to another.
- Consent to sex or sex acts one time does not mean consent
for another time.
- Consent to sex or sex acts with one person does not
mean consent with someone else.
- Silence does not mean consent.
- Sexually taking advantage of someone who is asleep,
unconscious, confused, intoxicated or impaired in any
way, is not consent.
Survivor:
- The victim of a sexual assault shall be referred to
in this policy as the survivor.
WHAT HAPPENED TO "RAPE"?
The word "rape"is commonly understood to mean
forcible sexual intercourse. USM's Policy on Sexual Assault
prohibits forcible sexual intercourse, and all other acts
defined by USM as sexual assault in this policy. Maine State
Law no longer uses the statutory term Rape, but instead
uses the statutory term Gross Sexual Assault.
UNIVERSITY OBLIGATIONS
The University will investigate, file a formal complaint,
or prosecute a sexual assault only with permission of the
student who has been assaulted except when there is clear
danger to other members of the campus community. In a campus
judicial proceeding the survivor has the same rights to
representation, participation, and information of student
disciplinary outcomes as the accused.
The University of Southern Maine is required under federal
law to inform members of the University community about
violent crimes that occur on campus. Please note that only
general details about the location of the sexual assault
and /or descriptions of assailants will be made available
to the University community, as required by law. This federal
requirement also applies to anonymous reports of sexual
assault that come to the attention of the University. The
anonymity and privacy of the survivor will always be respected.
The following University departments and offices provide
services for survivors of sexual assault as well as useful
information on the issue of sexual assault.
- Manager of Sexual Assault Programs........... 780-4501
- Women's Resource Center........................... 780-4996
- Police Department..........................................780-5000
- Office of Community Standards....................780-5242
- Office of Campus Diversity and Equity.........780-5094
- Student Health Services.................................780-4211/5411
- Counseling Center..........................................780-4050
- Residential Life..............................................780-5240
- Commuter Student Services...........................780-4090
- Academic Advising........................................780-4040
- Graduate Studies and Research......................780-4386
REPORTING A CASE OF SEXUAL ASSAULT
The University of Southern Maine has a full time Manager
of Sexual Assault Programs. The Manager of Sexual Assault
Programs serves as a clearinghouse and coordinator for all
reports of sexual assault at USM. The Manager is also responsible
for the investigation of reported sexual assaults. The Manager
of Sexual Assault Programs provides information about the
issue of sexual assault, makes referrals, and works collaboratively
within, and beyond, the campus community to help survivors
of sexual assault explore all available options.
Students, or anyone, can directly contact the Manager of
Sexual Assault Programs, the Office of Community Standards,
the Women's Resource Center, or the USM Police Department.
One can also initiate contact through a faculty member,
residence hall staff or any staff person at USM.
The University recognizes that survivors of sexual assault
often confide in someone they trust before making a report
of sexual assault. This initial disclosure is often made
to a fellow student, faculty or staff member. It is the
intent of this policy that there be a consistent response
by the University to a report of sexual assault, no matter
where, or to whom, a person may go for help. Speaking with
someone at USM does not necessarily require one to pursue
charges or take any particular action. Faculty/Staff are
expected to provide information, make appropriate referrals
and offer support but the choice of what action to take
is the survivor's. Students should be provided with choices/options
and not be made to feel pressured or without choices. Please
respect and support whatever choice the survivor makes.
Choices/options include:
- Inform with no formal report.
- File formal report with no formal action being taken.
- Request pursuit of criminal charges.
- Request pursuit of campus disciplinary charges.
- Request pursuit of both criminal and campus disciplinary
charges.
Campus disciplinary charges are based on violations of
the Student Conduct Code and can only take place in cases
where the accused is a student. The Office of Community
Standards can also take action under the Student Conduct
Code when made aware of a reported sexual assault that occurs
any where off campus, if the reports can be obtained and
the accused is a student at USM. If the accused is not a
student, the survivor can still pursue criminal charges
through USM Police.
The survivor can additionally file a sexual harassment
complaint if the accused is employed by the University.
USM has a separate policy to address sexual harassment.
Sexual harassment complaints are made to the Office of Campus
Pluralism and Equal Opportunity,
780-5094.
WHAT CAN ONE DO?/HELP CHECKLIST
The University of Southern Maine recognizes that a survivor
could make a disclosure of sexual assault to anyone on campus.
Faculty/Staff to whom a disclosure is made are encouraged
and expected to show a willingness to help the survivor,
provide support, assist in problem solving and respect the
survivor's decisions. This checklist offers some guidelines
and suggestions. The primary goal should be to help the
survivor of a sexual assault to access professional services
in which he or she may be interested.
Help Checklist
___ Bring the survivor to a place that ensures a level of
privacy where he or she can feel reasonably safe and comfortable.
An office, an unused room, a friend's room, a reception
area, Women's Resource Center, USM Police, Health Services,
and Counseling Center are some examples. Separation from
the accused is an additional consideration if the dislosure
is made soon after the assault.
___ Listen to and believe the survivor. Acknowledge in
a supportive and non-judgemental way what the survivor is
saying to you. Be cautious of making comments that may sound
like victim blaming. Avoid expressions of anger or frustration.
___ Offer to contact the Manager of Sexual Assault Programs,
780-4501, Women's Resource Center, 780-4996, USM Police,
780-5000, other support services, etc.
___ Encourage medical treatment. A medical examination
is important for the treatment of injuries, testing for
sexually transmitted diseases, care around an unwanted pregnancy,
and evidence collection.
___ Suggest and/or encourage a report to police. Respect
and support the survivor's decision to report or not report.
___ Inform the survivor of the Office of Community Standards,
780-5242 and that USM has a disciplinary process.
___ Encourage the survivor to take advantage of counseling
services available at USM Counseling Services, 780-4211/5411.
___ Give the survivor the phone number for the Sexual Assault
Response Services (SARS), 774-3613 if in Portland/Gorham
areas. Survivors in Lewiston/Auburn area should be given
the phone number for the Lewiston/Auburn Sexual Assault
Crisis Center, 1-800-371-0000. Others should be given the
statewide Hotline number,
1-800-871-7741, which connects one to the nearest office.
Offer to make the call for the survivor.
___ Provide the survivor with any information that may
be at your disposal such as policies, brochures, pamphlets,
names, telephone numbers, business cards, etc.
___ Offer to contact Residential Life, 780-5240 for available
options regarding any housing concerns.
.
___ Remain with the survivor until help arrives, proper
referral is made and/or the survivor feels safe. Accompany
or remain with the survivor, as long as necessary, to offer
help and support.
___ Notify the Manager of Sexual Assault Programs that
a report of sexual assault has come to your attention. Please
respect the survivor's anonymity and confidentiality if
he or she does not wish to report the assault at that time.
___ Take care of yourself, recognize limits, know when
to help, to support, refer, etc.
REPORTING PROCESS
Survivors who wish to report a sexual assault to police
are encouraged to call the USM Police Department, 780-5000.
The USM Police Department will take a police report, collect
evidence and take any other appropriate police action. The
police report will be forwarded to the Manager of Sexual
Assault Programs for investigation.
The police will also ensure that the survivor is put in
contact with the appropriate police department if the assault
occurred off campus. The Manager of Sexual Assault Programs
will maintain involvement with the case to ensure a USM
source for support and information.
Survivors can also directly contact the Manager of Sexual
Assault Programs, 780-4501. The Manager can take the initial
police report, provide information, answer questions, begin
an investigation, make referrals and generally help in exploring
all available options. The Manager can be contacted anonymously
or through an intermediary for information and available
options.
A sexual assault can also be reported directly to the Office
of Community Standards, 780-5242. The director of the Office
of Community Standards may conduct an investigation or request
that an investigation be conducted by the USM Police Department.
A police investigation is required if a survivor wishes
to pursue criminal charges beyond any campus disciplinary
process.
WHO MUST REPORT?
The University of Southern Maine is required, under federal
law, to record all reports of sexual assault that come to
its attention, not just those reported to police. This information
is needed to maintain accurate statistics, track the University's
response and assess the safety of the community. The survivor's
anonymity and confidentiality must be maintained if he or
she does not wish to report, but the knowledge and location
of a known sexual assault must be documented. Nothing in
this law requires disclosure of legally privileged information
or any other disclosures that are specifically prohibited
by law. Any faculty or staff member who has knowledge of
a sexual assault shall notify the Manager of Sexual Assault
Programs, 780-4501. The survivor should be told of this
requirement and be assured that his or her confidentiality
and/or anonymity will be maintained, if that is the wish
of the survivor.
HEALTH CARE CHOICES
A medical examination is recommended for any survivor of
sexual assault. A basic physical examination ensures treatment
of injuries and overall health assessment. Testing and treatment
for sexually transmitted diseases and unwanted pregnancy
can also be done.
An evidentiary examination and the collection of physical
evidence can also occur during a medical examination. This
part of the examination is necessary for any criminal prosecution
that may result. If a survivor is at all undecided about
criminal prosecution, an evidentiary examination is still
recommended. Evidence collected would be preserved in the
event a survivor later decided to report the sexual assault
to police.
Student Health Services provides confidential examinations,
tests, follow up care and contraceptive care. Evidentiary
examinations are only provided by hospital emergency rooms.
Police or staff members may be contacted to arrange for
transportation to a local hospital. An advocate from a Sexual
Assault Services Center could also be called.
COUNSELING CHOICES
USM Counseling Services provides crisis intervention, short-term
counseling and referral services. Sexual Assault Response
Services of Southern Maine (SARS), 774-3613, staffs a Hotline
and offers crisis intervention, support groups and advocacy.
If outside the Greater Portland area, survivors can call
a state-wide number, 1-800-871-7741, and be connected to
the closest Sexual Assault Services Center. The Community
Counseling Center and other counseling options exist throughout
the community. Referrals and other options can be further
explored through the Women's Resource Center, the Manager
of Sexual Assault Programs, and other offices around campus.
HOUSING
A change in rooms or residence halls can be arranged at
the request of the survivor. Low cost, short-term emergency
housing may also be available on campus for resident and
non-resident students. Changes in housing can be arranged
by contacting Residential Life, 780-5240.
ACADEMIC SUPPORT
Support and assistance is available for attendance, class
schedules and other academic demands. Survivors are encouraged
to speak to their academic advisor, faculty, assistant dean,
Women's Resource Center, Health Services, Counseling Center,
Manager of Sexual Assault Programs, Residence Life staff,
etc.
TRAININGS AND RESOURCE MATERIALS
The University of Southern Maine publishes an annual Sexual
Assault brochure which is distributed throughout all campuses.
The brochure contains information about sexual assault,
policy definitions, choices and options, contact persons
and telephone numbers.
The University publishes an annual Safety and Security
Information report which contains a list of crimes, including
sexual assaults, that have been reported to USM Police.
The police department maintains a log of reported crimes
that is available for members of the community to view.
Printed materials and other forms of passive programming
on the issue of sexual assault is available through the
Women's Resource Center, Manager of Sexual Assault Programs,
Office of Community Standards, Residential Life, USM Police,
other groups on campus, local rape crisis centers and other
community groups. These materials contain information about
sexual assault, personal safety tips, information on date
rape drugs, emergency numbers, etc.
Sexual assault presentations are offered annually to students
and staff. Trainings are available for Resident Assistants,
Public Safety Assistants and other student staff. Presentations
and programs are done for residence halls, classes, orientations
and student welcoming events. Additional programming occurs
during Sexual Assault Awareness Month and prior to school
breaks.
USM offers a self defense class for women entitled Rape
Aggression Defense (RAD) at various times during the year.
It is a program which combines practical self defense skills
with increased awareness and risk reduction strategies around
the issues of sexual assault and personal safety.
COMMUNITY RELATIONSHIPS
The University of Southern Maine strives to maintain close
working relationships with its community counterparts around
the issue of sexual assault. The goal is to maximize the
number of available options open to survivors of sexual
assault.
USM Police Department collaborates with local police departments
regarding crimes occurring on or near campus, including
cases of sexual assault. Cooperative efforts go into any
police investigations that can have an impact on the campus
community. Public safety, on and off campus, is monitored
and safety notices are posted when necessary. The welfare
and safety of commuter and residential students is of equal
concern.
Sexual Assault Response Services (SARS) works with the
Manager of Sexual Assault Programs, Women's Resource Center,
USM Police and others on campus. SARS materials are available
on campus and assistance with programming and training is
available.
WHAT ARE MY RIGHTS?
If you have been sexually assaulted, you have the right:
- to be treated with respect
- not to be discouraged from reporting
- to be informed of all your options for reporting
- to be informed of all your choices for help, both on
and off campus
- to be informed of available options for changes in academic
and living situations
- to a campus no contact order against those who may stalk,
threaten, assault or harass you
- to have someone present to support and/or advise you
during campus conduct hearings, in accordance with the
Student Conduct Code.
- not to have your prior sexual history admitted in any
campus conduct hearings
- to be informed of the outcome of any campus conduct
hearings
- to have a victim impact statement be considered in a
campus conduct hearing
If you have been accused of sexual assault, you have the
right:
- to timely notice of charges, including the nature of
the charge and possible sanctions
- to a hearing on the charges, including timely notice
of the hearing date
- to be present at campus conduct hearings which involve
you
- to know and hear any accusation or testimony given in
a campus hearing against you
- to have someone present to support and /or advise you
during a campus conduct hearing, in accordance with the
Student Conduct Code
- to notice of the outcome of any campus conduct hearing
and the sanction imposed against you
- to an appeal, as provided for by the Student Conduct
Code
- to access to resources for medical care, counseling,
advising or other services to which you are normally entitled
as a student, except for any imposed sanctions in accordance
with the Student Conduct Code
