Title IX

You have the right to:

• Have your report handled as confidentially as possible
• Be free from retaliation
• Receive support services
• Receive assistance in writing a statement of the incident(s)
• File a police report
• Not file a police report if that is your wish unless disclosure is required by law and/or is necessary to secure campus safety
• Request accommodations to improve your safety and reduce your contact with the accused student
• Request accommodations such as extensions or assignments in classes, security escorts, counseling, etc.
• File a complaint through the conduct code and/or a police report even without having had a forensic exam
• File a complaint with the University and have assistance doing so through the Student Code of Conduct (if the complaint is against a student) or through the Equal Opportunity Complaint Procedure (if the complaint is against a University employee or visitor to campus)
• Be informed of the relevant University policy(ies)

Regardless of whether an incident of sexual misconduct is reported to UMF or the police, we strongly encourage you to preserve evidence to the greatest extent possible. This will best maintain all legal options in the future.

Below are suggestions for preserving evidence related to an incident of sexual misconduct. Keep in mind that each suggestion may not apply in every incident:

General Suggestions

• Do not alter, dispose of or destroy any physical evidence.
• If you suspect a drink may have been drugged, inform a medical assistance provider and / or law enforcement as soon as possible so they can attempt to collect possible evidence (e.g., from the drink, through urine or blood sample).
• Preserve evidence of electronic communications by saving them and/or by taking screen shots of: text messages, instant messages, social networking pages phone calls or other electronic communications, and by keeping pictures, logs or copies of documents that relate to the incident and / or perpetrator.
• Even if you choose not to make a complaint regarding sexual misconduct, you should nevertheless consider speaking with law enforcement to preserve evidence in the event you change your mind at a later date.

Suggestions Specific to Sexual Assault

• For assistance seeking medical attention (including a free medical exam), and / or a Protection from Abuse or Harassment Order, please contact one of the support services listed in the dropdown sections below.
• Because some evidence, particularly evidence that may be located on the body, dissipates quickly (within 48-120 hours), sexual assault survivors who wish to preserve evidence should go to a hospital or medical facility immediately to seek a medical examination and/or evidence collection.
• In Maine, specially trained Sexual Assault Forensic Examiner (SAFE) nurses are called to the emergency room to complete compassionate and legally sound forensic exams. Advocates from local sexual assault agencies are also called to provide support to the survivor.
• Under Maine law, the cost for a forensic examination for a sexual assault survivor is covered through the Maine Victim Compensation fund, and should not be billed to the patient. Treatment for additional injuries sustained during a sexual assault are not covered (i.e. a broken hand).
• Sexual assault survivors undergoing a forensic exam may agree to some parts of the exam and not to other parts at their discretion.
• Exams typically include:
  – DNA collection
  – Blood and/or urine samples (especially if alcohol or drugs may be present)
  – Nail clippings
  – Hair samples (head and pubic)
  – Photographs and / or drawings of any injuries or bodily fluids
  – STD testing and prophylactic treatment
  – Personal statement regarding the incident
  – Collection of other evidence (clothing, etc.)
• Sexual assault survivors are encouraged to not shower, bathe, douche, smoke, brush teeth, eat, drink, or change clothes or bedding before going to the hospital or seeking medical attention. When able, sexual assault survivors are encouraged to bring a change of clothing, including underwear, to the hospital as they will be asked to provide their clothing as evidence.
• If the sexual assault survivor decides to change clothes or bedding, they should not wash the clothes worn or bedding used during the assault, and should bring them to a hospital, medical facility or the police in a non-plastic bag (e.g., paper bag) and should refrain from stapling the bag (tape is okay).
• Sexual assault survivors can make a report to police even if they have not had a forensic medical exam. However, a sexual assault survivor is not required to report the information to police.
• In Maine, those who have been sexually assaulted may allow the collection of evidence even if they choose not to make a report to law enforcement. After the evidence is collected, Maine law requires local police agencies to store it for a minimum of 90 days. A sexual assault evidence collection kit may not be opened / tested without consent from the survivor.

Amie Parker
Director of Equal Opportunity / Deputy Title IX Coordinator
University of Maine System Title IX Office
tel  207-592-3618
mobile  207-592-3618
TYY (via Maine Relay Service) dial 711
amie.parker@maine.edu

Sexual Assault Prevention and Response Services (SAPARS)
24/7 Helpline 1-800-871-7741
Text 1-800-871-7741 (Mon-Fri, 8am-5pm)
Chat  http://sapars.org/get-help.html
TTY 1-888-458-559

Farmington Police Dept.
116 Franklin Avenue
Farmington, Maine 04938
tel  207-778-6311  or 911
TDD  207-778-5873

Franklin Memorial Hospital
111 Franklin Health Commons
Farmington, Maine 04938
tel  800-398-6031 (Maine only)
tel  207-778-6031
TDD  207-779-2662

Safe Voices
24/7 Helpline 1-800-559-2927
tel  207-778-6107

Maine Coalition Against Sexual Assault
tel 27/7 Helpline  1-800-871-7741
Text/chat  1-800-871-7741  (8am-5pm, Mon-Fri)

Tri-County Mental Health Services
tel 1-888-304-4673
Statewide Crisis Services 1-888-568-1112
Farmington Office  207-778-3556 (not 24/7)

For the University’s definitions, refer to the University of Maine System Board Sexual Harassment Policy Manual and scroll to section IV. Terms Used in this Policy. This includes the University’s definitions of:

• Sexual Harassment
• Sexual Assault
• Dating Violence
• Domestic Violence
• Stalking
• Retaliation
• Sexual Misconduct
• Consent

These requirements are for all employees and for all students who are also employees.

Sexual Discrimination Reporting Requirement
We are committed to making our campuses a safe place for everyone. Because of this commitment, please note that all staff, faculty, student workers, peer educators and volunteers are Mandatory University Reporters.

In other words, if you witness or someone tells you about any incidents of sexual discrimination involving members of the campus community, you are required to report this information. Please report to your campus Title IX Coordinator(s) identified under this program’s Resources button. Again, all University employees and volunteers share this obligation.

Q:  Why must I report incidences of sexual assaults or discrimination?
All University of Maine at Farmington employees are Mandatory Reporters with the exception of UMF’s licensed, clinical counselors and their clinical interns, Student Health Center staff, and athletic trainers acting in their official capacity.

Your reporting helps the University to support the individuals involved. It also helps us to identify patterns that might arise – for example, if a particular individual is reported to have sexually assaulted or harassed more than one victim. Mandatory reporting also helps to create a climate on campus where it is clear that sexual discrimination is not tolerated.

To the extent possible, information reported should only be shared with those responsible for handling the University’s response to the report. You should not share information with law enforcement without the student’s consent, unless the student has already reported to the law enforcement or you are otherwise required to do so by law.

Q:  What must be reported?
You will need to report all relevant details about the alleged sexual violence shared by the individual that the University will need to determine what happened–including the names of those involved, any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident.

Q:  What about confidentiality?

If possible, you should try to ensure that the individual understands your reporting obligations before they reveal information to you that you are required to report. If the individual wants to maintain confidentiality, you should direct them to a professional or pastoral counselor or licensed health professional, whose roles support confidentiality for people who confide in them.

However, once a disclosure is made, you are required to report even if the individual would prefer to maintain confidentiality. You should inform the individual that the University will consider their request for confidentiality, but cannot guarantee that the University will be able to honor it.

If the individual has requested confidentiality, you should share this information when you make the report. The University will weigh the individual’s request for confidentiality against the institution’s obligation to provide a safe, nondiscriminatory environment for everyone. If the University determines that it can maintain confidentiality, the individual must understand that the institution’s ability to meaningfully investigate the incident and pursue disciplinary action, if warranted, may be limited.

There are times when the University may not be able to honor a request for confidentiality because doing so would pose a risk to its ability to provide a safe, nondiscriminatory environment. If the University determines that it cannot maintain confidentiality, the University will advise the individual, prior to starting an investigation and, to the extent possible, will share information only with those responsible for handling the institution’s response.

Q:  What will happen after I report?
An appropriate University administrator will reach out to the individual and offer support, resources, and information. The individual will be invited to meet with the employee to discuss the situation and the various options available to them.

As indicated earlier, the University will assess whether it can maintain confidentiality, if requested. The University is committed to the well-being of all students and will take steps to protect all involved from retaliation or harm. Because the University is under a continuing obligation to address sexual discrimination, the report may also prompt the institution to consider broader remedial action — such as increased monitoring, supervision, or security at locations where the incident occurred; increasing education and prevention efforts; conducting climate assessments; and/or revisiting its policies and practices.

An employee or volunteer who makes a report may be asked to prepare a written statement or otherwise participate in a disciplinary or investigatory process.