Sexual assault includes any forced or unwanted sexual contact in which a sex act occurs or is attempted but not completed. Sexual assault occurs whenever the victim HAS NOT GIVEN OBVIOUS AND CLEAR CONSENT.
Forced sexual contact occurs when the victim experiences unwanted touching, directly or through clothing, of an intimate part of his or her person, such as a sexual organ, the buttocks, or the breast. Forced sexual contact is also considered to occur whenever the victim has experienced unwanted touching at other parts of the body and has warned the perpetrator to stop such touching, and the perpetrator continues the touching. Such unwanted sexual contact is prohibited.
Sexual assault or forced sexual contact violate University policies and must be reported. When a victim fails to report such contact, the perpetrator perceives this as encouragement to continue such behavior against the victim and other victims.
When a sexual assault is reported to an official of the University, that person will attempt to take care of several matters related to the incident. It will be determined whether medical assistance is needed, and such assistance will be obtained through appropriate medical facilities. It will be determined whether counseling should be recommended, and arrangements will be made at the discretion of the victim. It will be determined whether an official report should be made through the Conduct Code System, and again the wishes of the victim will be followed. Throughout, the victim will be provided with complete support and with as much confidentiality as requested and feasible.
If there are any questions regarding this issue, please contact your Residence Life staff member or any of the people noted in the previous paragraph.
Possible Disciplinary Sanctions for Rape and Sexual Assault
Any person found to have committed the offense of rape or sexual assault by the University of Maine Conduct Committee and/or the Maine Criminal Justice System will be subject to severe disciplinary sanctions to include immediate suspension or dismissal.
Victims options for changing Academic and Living Situations
Any victim of rape or sexual assault has the right to request a change in living areas or academic situations. If an immediate threat is felt by a person, they can and will be reassigned a room on a temporary basis until such time as the threat is removed or eliminated. Arrangements have been made through Residence Life and Programs to have immediate access to a room.
Procedures Victims Should Follow If an Offense Occurs
Any victim of rape or sexual assault should immediately contact the UMaine Police Department who will immediately respond to assist the victim in getting medical attention, and then investigate the crime. At all times, the victim’s rights will be protected and the victim will have input into the course of the investigation. Counseling services will be provided if the victim is receptive to such services. It is critical that you seek medical attention as soon as possible — do not bathe or change clothes, as you may eliminate criminal evidence.
Procedures for On-Campus Disciplinary Action
- Accuser and accused will have the same rights to have others present at any hearing, including the assistance of an advisor and/or legal counsel.
- Accuser and accused will both be informed of the outcome of any such hearings when the charge is a violent act. Victims must be informed of their option to notify proper law enforcement authorities, and their option to be assisted in doing so.
If a rape or sexual assault is reported to any University Official other than UMaine PD, the victim will be informed of their option to notify proper law enforcement authorities (UMaine Police Department) and will be assisted in doing so if requested.
Getting help: A victim should seek help or report a violation immediately even if only through a friend. If reported to a campus authority, the rights of the victim will always be predominant UNLESS there is a clear danger to other members of the campus community. In reporting sexual assault or forced sexual contact, students living in the residence halls should report such situations to the Resident Assistant or Residence Hall Director of their building. Report of unwanted sexual contact may also be made to the Nurse in Emerson Annex (768-9584), the Director of Counseling, located on First Floor, South Hall (768-9589); the Director of Affirmative Action/EEO, Second Floor, South Hall (768-9750); or to the Director of Student Support Services, First Floor, South Hall (768- 9613); the Director of Residence Life, Emerson Hall Annex (768-9560), or to the Presque Isle Police Department (764-4476).