An Act Regarding Sexual Misconduct and Intimate Partner Violence Policies at Institutions of Higher Education
Maine Legislature, Session 130, LD 1483
Committee: Education and Cultural Affairs
Sponsors: STOVER

Legislative Document
No. 1483
H.P. 1098
House of Representatives, April 14, 2021
An Act Regarding Sexual Misconduct and Intimate Partner 
Violence Policies at Institutions of Higher Education
Received by the Clerk of the House on April 12, 2021.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA c. 441 is enacted to read:
CHAPTER 441
SEXUAL AND INTIMATE PARTNER VIOLENCE POLICIES AT 
INSTITUTIONS OF HIGHER EDUCATION
§12951.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Confidential resource advisor.  "Confidential resource advisor" means a person at 
an institution of higher education who has been designated by the institution to provide 
information in confidence on available resources and options for a reporting party or a 
responding party. 
2.  Employee.  "Employee" means an individual who is employed by an institution of 
higher education, either as a part-time, full-time or contracted employee, or who has taken 
a leave of absence or who has left that individual's position for any reason.
3.  Institution of higher education or institution.  "Institution of higher education" 
or "institution" means a postsecondary, degree-granting public, private, nonprofit or for-
profit school chartered, incorporated or otherwise organized in this State with an 
established physical presence in this State.
4.  Intimate partner violence.  "Intimate partner violence" means conduct that 
constitutes abuse by a dating partner under Title 19-A, section 4002, subsection 1. 
5.  Reporting party.  "Reporting party" means a student or employee who reports 
having experienced an incident of sexual misconduct or intimate partner violence to the 
institution.
6.  Responding party.  "Responding party" means a student or employee who has been 
accused of sexual misconduct or intimate partner violence.
7.  Sexual misconduct.  "Sexual misconduct" means:
A.  Stalking as described in Title 17-A, section 210-A;
B.  Any crime described in Title 17-A, chapter 11;
C.  Unauthorized dissemination of certain private images as described in Title 17-A, 
section 511-A; 
D.  Aggravated sex trafficking or sex trafficking as described in Title 17-A, section 
or 853, respectively; or
E.  Gender-based violence or violence based on sexual orientation or gender identity 
or expression.
8.  Student.  "Student" means an individual who is enrolled or seeking to be enrolled 
in a program through an institution of higher education, either part-time or full-time or as 
a continuing education student, or who has taken a leave of absence or who has withdrawn 
for any reason.
9.  Title IX coordinator.  "Title IX coordinator" means the employee at an institution 
of higher education who is responsible for institutional compliance with the so-called Title 
IX provisions of the federal Education Amendments of 1972, as amended.
10.  Trauma-informed.  "Trauma-informed" means an approach to care that assumes 
that an individual is more likely than not to have a history of trauma and that recognizes 
the presence of trauma symptoms and acknowledges the role trauma may play in an 
individual's life.
§12952.  Amnesty policy
A reporting party or a witness that asks for an investigation of sexual misconduct may 
not be subject to a disciplinary proceeding or sanction for a violation of the institution of 
higher education's student conduct policy related to drug or alcohol use, trespassing or 
unauthorized entry of school facilities or violation of an institution policy unless the 
institution determines that the report was not made in good faith or that the violation was 
egregious.  An egregious violation includes, but is not limited to, taking an action that 
places the health and safety of another person at risk. 
§12953.  Awareness programming
An institution of higher education, with guidance from its Title IX coordinator, a local 
law enforcement agency and a local sexual assault support center, shall provide mandatory 
annual sexual misconduct primary prevention and awareness programming for all students 
and all employees of the institution that must include:
1.  Affirmative consent.  An explanation of affirmative consent as it applies to sexual 
activity and sexual relationships.  For purposes of this subsection, "affirmative consent" 
means consent to sexual activity that can be revoked at any time and does not include 
silence, lack of resistance or consent given while intoxicated;
2.  Drugs and alcohol.  The role drugs and alcohol play in an individual's ability to 
consent;
3.  Reporting.  Information on options relating to the reporting of an incident of sexual 
misconduct, the effects of each option and the methods to report an incident of sexual 
misconduct, including confidential and anonymous disclosure;
4.  Complaint resolution.  Information on the institution's procedures for resolving 
sexual misconduct complaints and the range of sanctions or penalties the institution may 
impose on students and employees found responsible for a violation;
5.  Support center.  Information about the local sexual assault support center and its 
confidential resource advisor, services and how to access those services, as well as the 
name and contact information of all other personnel at the institution of higher education 
who may be contacted in confidence;
6.  Bystander intervention.  Strategies for bystander intervention and risk reduction; 
and
7.  Prevention and awareness.  Opportunities for ongoing sexual misconduct 
prevention and awareness campaigns and programming.
The awareness training provided under this section must use an approach to training 
that recognizes and is sensitive to the fact that members of certain marginalized groups, 
including but not limited to persons of color, persons with disabilities and persons who are 
marginalized because of gender identity or sexual orientation, are more likely to experience 
sexual violence. 
§12954.  Training for individuals involved in the disciplinary process
An individual who participates in the implementation of an institution of higher 
education's disciplinary process under this chapter, including an individual responsible for 
resolving complaints of reported incidents, must have training or experience in handling 
sexual misconduct complaints and the operations of the institution's disciplinary process.  
The training must include, but is not limited to:
1.  Approach.  Information about a trauma-informed approach to working with and 
interviewing individuals subjected to sexual misconduct;
2.  Conduct.  Information on particular types of conduct that constitute sexual 
misconduct, including same-sex intimate partner violence;
3.  Consent.  Information on affirmative consent as defined in section 12953, 
subsection 1 and the role drugs and alcohol may play in an individual's ability to consent;
4.  Trauma.  The effects of trauma, including neurobiological effects;
5.  Cultural factors.  Cultural competence training regarding how sexual misconduct 
may affect students or employees differently depending on factors that contribute to 
cultural background, including but not limited to national origin, sex, ethnicity, religion, 
gender identity, gender expression and sexual orientation;
6.  Communication.  Ways to communicate sensitively and compassionately with a 
reporting party, including, but not limited to, an awareness of responding to a reporting 
party with consideration of that party's cultural background and providing services to or 
assisting in locating services for the reporting party, and ways to communicate sensitively 
with a responding party, including an awareness of the emotional impact of being wrongly 
accused; and
7.  Intellectual disabilities.  Training and information regarding how intimate partner 
violence and sexual misconduct may affect students with developmental or intellectual 
disabilities.
§12955.  Institutional training
An institution of higher education shall ensure that its Title IX coordinator and 
members of its special or campus police force or the campus safety personnel employed by 
the institution undergo annual training in the awareness of sexual misconduct and in 
trauma-informed response.
§12956.  Policy adoption
An institution of higher education shall adopt a policy on sexual misconduct, consistent 
with applicable state and federal law, and shall make the policy publicly available on 
campus in locations where students regularly congregate, including, but not limited to, 
dining and recreational facilities, libraries, bookstores, student unions and student centers 
and the common areas of dormitories and other student housing locations; available, upon 
request, to an applicant, student or employee of the institution; and publicly available on 
the institution's publicly accessible website in an accessible format not later than the first 
week of classes in each academic year.  The institution shall update the website annually.  
The policy must be trauma-informed and must be developed in coordination with the 
institution's Title IX coordinator and the local sexual assault support center or domestic 
violence center.  In adopting the policy the institution may also consider input from various 
internal and external entities, including, but not limited to institutional administrators, 
personnel affiliated with on-campus and off-campus health care centers, personnel 
affiliated with on-campus confidential resource advisors, residence life staff, students, the 
Department of Public Safety, Bureau of State Police and the law enforcement agency and 
the county attorney having jurisdiction in the city or town where the institution's primary 
campus is located.  The policy must be developed in a culturally competent manner in order 
to reflect the diverse needs of all students and employees.  The policy must include, but is 
not limited to:
1.  Reporting.  Procedures by which students and employees at the institution may 
report or disclose alleged incidents of sexual misconduct, regardless of where the offense 
occurred;
2.  Emergency assistance.  Information on where a person can receive immediate 
emergency assistance following an alleged incident of sexual misconduct, which must 
include, but is not limited to:
A.  The name and location of the nearest medical facility where an individual may 
request that a forensic exam be administered by a trained sexual violence forensic 
health care provider, including information on transportation options and information 
on reimbursement for travel costs, if any;
B.  The contact information for a rape crisis center and a domestic violence center and 
a description of the services provided by such centers;
C.  The telephone number and website address for a national 24-hour hotline and any 
state or local resources providing information on sexual misconduct; and
D.  Information on any programs that may financially assist a student with the cost of 
emergency medical assistance;
3.  Counseling and support services.  Descriptions of and contact information for the 
types of counseling and health, safety, academic and other support services available within 
the local community or region or through a rape crisis center or domestic violence center 
and the name and contact information for organizations that support students accused of 
sexual misconduct, which must include but is not limited to the name and contact 
information for a confidential resource advisor and a description of the role of and services 
provided by the confidential resource advisor and the name and contact information for the 
institution's Title IX coordinator;
4.  Rights and obligations.  The rights and obligations of students and employees to:
A.  Notify or decline to notify law enforcement, including campus, local, state and 
federal law enforcement agencies, of an alleged incident of sexual misconduct;
B.  Receive assistance from campus authorities in making any notification under 
paragraph A; and
C.  Obtain a protective order issued by a court or the institution against a responding 
party of the incident of sexual misconduct;
5.  Institution support measures.  The process for requesting support measures 
reasonably available from the institution, which must include, but are not limited to, options 
for changing academic, living, campus transportation or working arrangements or taking a 
leave of absence in response to an alleged incident of sexual misconduct, how to request 
those changes and the process to have any such measures reviewed;
6.  Protective orders.  The contact information for the closest local, state and federal 
law enforcement agencies with jurisdiction over matters involving sexual misconduct and 
procedures for students to notify the institution that a protective order has been issued under 
state or federal law and the institution's responsibilities upon receipt of such notice;
7.  Complaint investigation, adjudication and resolution.  A summary of the 
institution's procedures for investigating, adjudicating and resolving sexual misconduct 
complaints, including an explanation of all procedures that must be followed to obtain 
investigatory reports and gather evidence, and potential sanctions that may be imposed, as 
well as clear statements advising students that:
A.  The process will be uniformly applied for all disciplinary proceedings relating to 
any claims of sexual misconduct;
B.  Timely and detailed notice will be given to the reporting party and the responding 
party when the institution decides to proceed with an institutional disciplinary process, 
describing the date, time and location, if known, and a summary of the factual 
allegations concerning the violation;
C.  An investigation, including any hearings and resulting disciplinary proceedings, 
will be conducted by an individual who receives not less than annual training on issues 
relating to sexual misconduct, investigatory procedures and hearing procedures to 
protect the safety and rights of students and promote accountability, objectivity, 
impartiality and a trauma-informed response;
D.  The reporting party and the responding party may be accompanied by an advisor 
or support person of their choice, which may include an advocate or counsel, to meet 
with the institution's investigator or other fact finder and may consult with an advisor 
or support person during any meetings and disciplinary proceedings.
The institution may establish rules regarding how the disciplinary proceedings will be 
conducted, which may include guidelines on the extent to which the advisor or support 
person for each party may participate in a meeting or disciplinary proceeding and any 
limitations on participation that will apply equally to both parties.
The institution shall adopt reasonable measures to provide for the involvement of the 
advisor or support person for each party, but the availability of the advisor or support 
person may not significantly delay a meeting or disciplinary proceeding;
E.  The reporting party and the responding party will be provided with a copy of the 
institution's policies regarding the submission and consideration of evidence that may 
be used during a disciplinary proceeding and will have equal opportunity to present 
evidence and witnesses on their behalf during a disciplinary proceeding and that each 
party will be provided with timely and equal access to all relevant evidence that will 
be used in the determination of sanctions or penalties;
F.  There will be restrictions on evidence considered by the institution's investigator or 
other fact finder, including, but not limited to, the use of evidence of prior sexual 
activity or character witnesses;
G.  The reporting party and the responding party will be informed in writing of the 
results of a disciplinary proceeding not later than 7 business days after a final 
determination of a complaint, not including any time for appeal, unless good cause for 
additional time is shown, and they will be informed of any process for appealing the 
decision;
H.  If an institution offers an appeal as a result of procedural errors or previously 
unavailable relevant evidence that could significantly impact the outcome of a case or 
if the sanction or penalty is disproportionate to the findings, the reporting party and the 
responding party will be provided with an equal opportunity to appeal decisions 
regarding responsibility or sanctions or penalties;
I.  The institution will not publicly disclose the identity of the reporting party or the 
responding party except as necessary to carry out a disciplinary process or as permitted 
under state or federal law; and
J.  The institution's disciplinary proceedings will not serve as a substitute for the 
criminal justice process;
8.  Disciplinary process.  A summary of the institution's employee disciplinary process 
as it pertains to sexual misconduct; and
9.  Sanctions or penalties.  The range of sanctions or penalties the institution may 
impose on students and employees found responsible for a violation of the applicable 
institutional policy prohibiting acts of sexual misconduct.
Each institution of higher education shall provide draft policies and substantive 
changes by electronic or regular mail to internal and external entities, with instructions on 
how to comment and a reasonable length of time in which comments will be accepted.  
However, once an institution has adopted policies as required by this section, the 
opportunity for review and comment by internal and external entities applies only to 
substantive changes in those policies.
§12957.  Notice of rights
An institution of higher education shall provide both the reporting party and the 
responding party written notice of the institution's decision to proceed with an institutional 
disciplinary process regarding an allegation of sexual misconduct sufficiently in advance 
of a disciplinary hearing to provide both the reporting party and the responding party the 
opportunity to meaningfully exercise their rights.  The disciplinary proceeding must 
provide due process and be prompt, fair and impartial and include the opportunity for both 
parties to present witnesses and other evidence.  The written notice must include the 
information required to be posted on the institution's publicly accessible website pursuant 
to section 12956.
§12958.  Data reporting requirements
No later than October 1st annually, an institution of higher education shall prepare and 
submit to the commissioner, the Commissioner of Health and Human Services and the joint 
standing committee of the Legislature having jurisdiction over education matters a report 
that includes:
1.  Allegations.  The number of allegations of intimate partner violence and sexual 
misconduct reported to the institution's Title IX coordinator made by a student or employee 
against another student or employee;
2.  Law enforcement investigations.  The number of law enforcement investigations 
initiated in response to complaints of sexual misconduct made by a student or employee 
against another student or employee, if known;
3.  Findings.  The number of students found responsible for violating an institution's 
policies prohibiting sexual misconduct and the number of students found not responsible 
for violating an institution's policies prohibiting sexual misconduct;
4.  Actions.  The number of sanctions or penalties imposed by the institution as a result 
of a finding of responsibility for violating an institution's policies prohibiting sexual 
misconduct.  The report must provide this information in an anonymous manner that 
complies with state and federal privacy laws; and
5.  Confidential resource advisors.  The number of students or employees who 
consulted a confidential resource advisor without filing an allegation of sexual misconduct.  
The report must provide this information in an anonymous manner that complies with state 
and federal privacy laws.
§12959.  Enforcement and penalty
An institution may not overturn or readjudicate a complaint resolution without the 
permission of the commissioner.  Upon determination, after reasonable notice and 
opportunity for a hearing, that an institution of higher education has violated or failed to 
carry out any provision of this chapter or any rule adopted under this chapter, the 
commissioner may impose a fine upon that institution for each violation not to exceed 
$150,000, which must be adjusted for inflation annually after the effective date of this 
section, or 1% of an institution's annual operating budget, whichever is lower.  The 
commissioner shall use any fines received under this section to provide oversight of this 
chapter.
§12960.  Rules
The department shall adopt rules to administer this chapter.  Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill requires all degree-granting public, private, nonprofit and for-profit colleges 
and universities chartered, incorporated or otherwise organized in this State with an 
established physical presence in this State to adopt a policy on sexual misconduct that 
applies to students and employees who report having experienced an incident of sexual 
misconduct or intimate partner violence and to students and employees who are accused of 
sexual misconduct or intimate partner violence.  Schools are also required to provide 
mandatory annual sexual misconduct primary prevention and awareness programming for 
all students and all employees and to provide training for individuals involved in the 
disciplinary process.  Each school is required to submit a report each year to the 
Commissioner of Education, the Commissioner of Health and Human Services and the joint 
standing committee of the Legislature having jurisdiction over education matters a report 
on the number of allegations, investigations, findings and actions regarding sexual 
misconduct by students and employees.