Definitions of Prohibited Conduct

Items A through F listed below define conduct that constitutes Sexual Harassment prohibited under the Title IX regulations and within the context of the College’s education programs and activities.  Sexual Harassment can be committed by any person regardless of gender, sexual orientation or gender identity; and can be committed using technology.

Please see the Sexual Misconduct, Intimate Partner Violence, and Harassment Policy section of the Student Handbook for other sexual misconduct and related offenses that are prohibited and addressed in the Student Code of Conduct and in the conduct processes applicable to faculty or staff, based on the nature of the report. Any questions about the meaning of the terminology below should be directed to the Title IX Coordinator, a Deputy Title IX Coordinator or the Confidential Title IX Advocate.

 

A. Quid Pro Quo Sexual Harassment by an Employee. The Title IX regulations define Quid Pro Quo sexual harassment by an employee as follows:

 

1)  When an employee conditions an aid, benefit or service to a student (including but not limited to a grade, participation in a program/activity, a recommendation, summer employment position or other benefit) on their participation in unwelcome conduct of a sexual nature (see “unwelcome conduct” below); or

 

2)  When an employee conditions an aid, benefit or service to an employee (including but not limited to an employment position, a promotion, a favorable evaluation or other benefit) on their participation in unwelcome conduct of a sexual nature.

 

B. Hostile Environment Sexual Harassment. The Title IX regulations define Hostile Environment Sexual Harassment as unwelcome conduct of a sexual nature (as determined by a reasonable person) that is so severe, pervasive and objectively offensive that it effectively denies a student or employee equal access to the College’s education programs and activities.

 

C. Sexual Assault. The Title IX regulations define Sexual Assault as an offense classified as a Forcible or Non-forcible Sex Offense under the uniform crime reporting system of the FBI, which are:

 

1)  Forcible Sex Offenses – Any sexual act directed against another person, without the Consent of the victim, including instances where the victim is in a state of Incapacitation.

 

  • Forcible rape – Sexual intercourse with a person, forcibly and/or without that person’s Consent or in instances where the victim is in a state of

 

  • Forcible oral or anal sexual intercourse with another person, forcibly and/or without that person’s Consent or in instances where the victim is incapable of giving Consent because of their youth or because of

 

  • Sexual assault with an object – Use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or without that person’s Consent or in instances where the person is incapable of giving Consent because of their youth or because of

 

  • Forcible fondling – The touching of the private body parts (genitals, buttocks or breasts) of another person for the purpose of sexual gratification, forcibly and/or without that person’s Consent or in instances where the person is incapable of giving Consent because of their youth or because of Incapacitation.

 

2) Non-Forcible Sex Offenses include incest and statutory rape.  “Statutory rape” in Maine is defined as a sexual act with another person who is not the perpetrator’s  spouse and who is under the age of 14, or who is 14 or 15 and the perpetrator is at least 5 years older than the other person.

 

D. Dating Violence. The Title IX regulations define Dating Violence as physical or sexual abuse, threats of physical or sexual abuse, or emotional abuse committed by a person:

 

  • Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

 

  • Where the existence of such a relationship shall be determined based on a consideration of the following factors: (a) length of relationship; (b) type of relationship; (c) the frequency of interaction between persons in the relationship.

 

E. Stalking. The Title IX regulations define Stalking as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer severe emotional distress.

 

F. Domestic Violence. The Title IX regulations define Domestic Violence as physical or sexual abuse, or threats of physical or sexual abuse 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, by a person who is cohabiting with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Maine, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family laws of Maine.

 

In Maine, this includes the following crimes (more information available through legal citations):  Domestic violence assault (17-A M.R.S. § 207-A); Domestic violence criminal threatening (17-A M.R.S. § 209-A); Domestic violence threatening (17-A M.R.S. § 210-B), Domestic violence stalking (17-A M.R.S. § 210-C); Domestic violence reckless conduct (17-A M.R.S. § 211-A).

 

G. Retaliation. No individual may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege under Title IX, or because the individual has made a Report or Formal Complaint, testified, assisted, participated or refused to participate in any manner in an investigation, proceeding or hearing. Reports of retaliation should be made to the Title IX Coordinator and will be addressed through the conduct processes applicable to students, faculty or staff, based on the nature of the report.

 

H. False Reports and Statements. False reports and/or making materially false statements in bad faith in connection with this policy to any College official or in the course of any College proceeding, is prohibited and will be addressed through the conduct processes applicable to students, faculty or staff, based on the nature of the report. A finding that a Respondent is not responsible for a violation of the Title IX policy after a hearing (or vice versa) does not mean that a report or statement was made in bad faith.

I. Faculty and Staff Relationships with Students. It is a violation of College policy for any officer, faculty, administrator or staff member of the College to engage in a romantic, dating and/or sexual relationship with a student. Individuals who have questions about this issue should consult with the Title IX Coordinator/Deputy Title IX Coordinator or a Confidential Resource.