An Act Concerning Sexual Misconduct on College Campuses
Maine Legislature, Session 130, LD 1727
Committee Amendment CA_A_S554 (Senate)
Amends: 5 MRSA §12004

COMMITTEE AMENDMENT "/J " to S.P. 572, L.D. 1727, "An Act Concerning 
Sexual Misconduct on College Campuses" 
Amend the bill by striking out the title and substituting the following: 
'An Act Concerning Interpersonal Violence on College Campuses' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA §12004-1, sub-§12-C is enacted to read: 
12-C. 
Education: 
Higher 
Education 
Higher Education Interpersonal Violence Expenses Only 
Advisory Commission 
Sec. 2. 20-A MRSA c. 445 is enacted to read: 
CHAPTER 445 
20-AMRSA 
§12984 
SEXUAL VIOLENCE, INTIMATE PARTNER VIOLENCE AND STALKING AT 
INSTITUTIONS OF IDGHER EDUCATION 
§12981. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Affirmative consent. "Affirmative consent" means consent to sexual activity that 
can be revoked at any time. "Affirmative consent" does not include silence, lack of 
resistance or consent given while intoxicated. 
2. Employee. "Employee" means an individual who is employed by an institution of 
higher education, including a full-time, part-time or contracted employee, or an individual 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" ft "to S.P. 572, L.D. 1727 ( $ ... SS-Y) 
who was employed by an institution of higher education, including a full-time, part-time 
or contracted employee, but has taken a leave of absence or terminated the employment as 
a result of having been a victim of sexual violence, intimate partner violence or stalking or 
for any other reason. 
3. Institution of higher education. "Institution of higher education" or "institution" 
means a public, private, nonprofit or for-profit postsecondary school chartered, 
incorporated or otherwise organized in the State with an established physical presence in 
the State. 
4. Interpersonal violence climate survey. "Interpersonal violence climate survey" 
means the survey developed pursuant to section 12984, subsection 8. 
5. Intimate partner violence. "Intimate partner violence" means any of the acts that 
constitute abuse under Title 19-A, section 4002, subsection 1, paragraphs A to H that are 
committed by an individual who is or has been in a social relationship with another 
individual of an intimate nature regardless of whether the individuals were or are sexual 
partners. 
6. Reporting party. "Reporting party" means a student or employee who reports 
having experienced an alleged incident of sexual violence, intimate partner violence or 
stalking at an institution of higher education. 
7. Responding party. "Responding party" means an individual who has been accused 
of an alleged incident of sexual violence, intimate partner violence or stalking at an 
institution of higher education. 
8. Sexual violence. "Sexual violence" means conduct that constitutes: 
A. Any crime under Title 17-A, chapter 11; 
B. Unauthorized dissemination of certain private images pursuant to Title 17-A, section 
511-A; 
C. Aggravated sex trafficking or sex trafficking pursuant to Title 17-A, section 852 or 
853, respectively; or 
D. Sexual harassment as defined in Title 14, section 6000, subsection 2-A. 
9. Stalking. "Stalking" means conduct that constitutes the crime of stalking under Title 
17-A, section 210-A. 
• 
10. Student. "Student" means an individual who is enrolled or is seeking to be 
enrolled in an institution of higher education in this State and is a candidate for a degree or 
diploma or graduate certificate or has taken a leave of absence as a result of having been a 
victim of sexual violence, intimate partner violence or stalking. 
11. 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, Public Law 92-318, as 
amended. 
12. Trauma-informed response. "Trauma-informed response" means a response by 
an individual who has received specific training in the complexities of trauma caused by 
intimate partner violence, sexual violence or stalking including training on: 
A. The neurobiological impact of trauma; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 572, L.D. 1727 ( s~ 5S"Y) 
B. The influence of societal stereotypes or other misconceptions relating to the causes 
and impacts of trauma on an individual experiencing the trauma caused by intimate 
partner violence, sexual violence or stalking; 
C. Methodologies for avoiding perpetuation of the trauma caused by intimate partner 
violence, sexual violence or stalking; and 
D. How to conduct an effective investigation of trauma. 
§12982. Adoption of policies and related procedures 
1. Adoption of policy required. No later than July L 2023, each institution of higher 
education shall adopt a policy and related procedures on sexual violence, intimate partner 
violence and stalking, refened to in this section as "the policy," in accordance with this 
section and consistent with applicable state and federal law. The policy must be publicly 
available on each institution's campus website and in student handbooks. Notices of where 
the full policy is available and outreach for victims of sexual violence, intimate partner 
violence and stalking must be posted at campus locations where students regularly 
congregate. The institution shall update the policy on the institution's website annually. 
2. Development of policy. The policy must reflect the diverse needs of all students 
and employees and be culturally competent. An institution may consider input from various 
internal and external entities, including, but not limited to, the institution's Title IX 
coordinator, a local sexual assault support center, a domestic violence resource center, 
administrators. personnel affiliated with on-campus and off-campus health care centers, 
confidential resource advisors, residence life staff. students, local law enforcement 
agencies and the district attorney having jurisdiction in the municipality where the 
institution of higher education's primary campus is located. 
3. Content of policy. The policy must include, but is not limited to: 
A. Procedures by which students and employees at the institution may report or 
disclose alleged incidents of sexual violence, intimate partner violence or stalking 
regardless of where the alleged incident occuned; 
B. 
Information on where a reporting party may receive immediate emergency 
assistance following an alleged incident of sexual violence. intimate partner violence 
or stalking including. but not limited to: 
(1) The name and location of the nearest medical facility where a reporting party 
may request that a forensic examination be administered by a licensed health care 
practitioner that has received sexual assault forensic examiner training and 
education provided by the sexual assault forensic examiner program, including 
information on transportation options and information on reimbursement for travel 
costs, if any; 
(2) The contact information for a local sexual assault support center and a domestic 
violence resource center and a description of the services provided by the centers; 
(3) The telephone number and website for a confidential statewide sexual assault 
helpline and a national 24-hour hotline that provides information on sexual assault; 
and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 572, L.D. 1727 ( s~ SSL-<") 
( 4) Information on any programs that may financially assist a reporting party with 
the cost of emergency medical assistance, including the Victims' Compensation 
Fund pursuant to Title 5, chapter 316-A; 
C. Descriptions of the types of and contact information for counseling, health, safety, 
academic and other support services available within the local community or region or 
through a local sexual assault support center or a domestic violence resource center, 
including but not limited to the names of and contact information for organizations that 
support responding parties accused of sexual violence, intimate partner violence or 
stalking; the name of and contact information for a confidential resource advisor under 
section 12986 and a description of the role of and services provided by the confidential 
resource advisor; and the name of and contact information for the institution's Title IX 
coordinator; 
D. The rights of students and employees to: 
(1) Notify or decline to notify a law enforcement agency, including campus, local 
or state police, of an alleged incident of sexual violence, intimate partner violence 
or stalking; 
(2) Receive assistance from campus authorities in making any notification under 
subparagraph (1); and 
(3) 
Obtain a court-issued or institution-issued protection order against a 
responding party involved with the alleged incident of sexual violence, intimate 
partner violence or stalking; 
E. The process for requesting supportive measures reasonably available from the 
institution, including, but 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 violence, intimate partner violence or stalking, how to 
request those changes and the process to have any such measures reviewed; 
F. The contact information for the closest local, state and federal law enforcement 
agencies with jurisdiction over matters involving sexual violence, intimate partner 
violence or stalking, procedures for students to notify the institution that a protection 
order has been issued under state or federal law and the institution's responsibilities 
upon receipt of such notice; 
G. A summary of the institution's procedures for informal resolution, investigating, 
adjudicating and resolving sexual violence, intimate partner violence or stalking 
complaints against students, regardless of where the alleged offense occurred, 
including an explanation of all procedures that must be followed to obtain investigatory 
reports and gather evidence, and potential sanctions or penalties that may be imposed. 
The policy must provide that: 
(1) 
The procedures be uniformly applied, to the extent practicable, for all 
proceedings relating to any claims of sexual violence, intimate partner violence or 
stalking; 
(2) 
An investigation, including any hearings and resulting disciplinary 
proceedings, be conducted by an individual who receives not less than annual 
training on issues relating to sexual violence, intimate partner violence or stalking, 
investigatory procedures and hearing procedures to protect the safety and rights of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 572, L.D. 1727 ( s~ 5 SYJ 
students and promote accountability, objectivity, impartiality and a trauma-
informed response; 
(3) The reporting party and the responding party be provided with a copy of the 
policy regarding the submission and consideration of evidence that may be used 
during a disciplinary proceeding; 
( 4) The reporting party and the responding party 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 time for appeal, if any, unless good 
cause for additional time is shown. The reporting party and responding party must 
be informed of the process, if any. for appealing the decision; 
(5) The institution may not publicly disclose the identity of the reporting party or 
the responding party, except as necessary to carry out a disciplinary proceeding or 
as otherwise permitted under state or federal law; and 
( 6) The reporting party and the responding party must be informed that the 
institution's disciplinary proceedings may not serve as a substitute for the criminal 
justice process; and 
H. 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 sexual violence, intimate partner violence or stalking. 
4. Adoption of and amendments to the policy. When adopting or amending a policy, 
an institution shall provide an oppmtunity for comment and a reasonable length of time in 
which comments will be accepted. The institution shall provide the draft policy or 
proposed substantive amendments by electronic or regular mail to internal and external 
entities, with instructions on how to comment and the reasonable length of time in which 
comments will be accepted. Once an institution has adopted a policy. the opportunity for 
review and comment by internal and external entities applies only to substantive 
amendments in the policy. 
5. Confidentiality. The identity of a reporting party and a responding party and all 
information relating to an incident of sexual violence, intimate partner violence or stalking 
are confidential and may not be disclosed by the institution except as necessary to carry out 
a disciplinary process or as otherwise permitted under state or federal law. 
§12983. Notice to proceed 
Each institution shall provide a reporting party and a responding party with written 
notice of the institution's decision to hold a disciplinary proceeding regarding an allegation 
of sexual violence, intimate partner violence or stalking sufficiently in advance of a 
disciplina1y proceeding to provide the reporting and responding parties with 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 12982, subsection 1. 
§12984. Higher Education Interpersonal Violence Advisory Commission 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 572, L.D. 1727 ( ':)-55Lf) 
1. 
Establishment. 
The Higher Education Interpersonal Violence Advisory 
Commission, established by Title 5, section 12004-I, subsection 12-C and referred to in 
this chapter as "the commission," is created for the purpose of developing a base 
interpersonal violence climate survey for dissemination to institutions of higher education 
and providing recommendations on the content, timing and application of the survey and 
reporting on the survey to the joint standing committee of the Legislature having 
jurisdiction over higher education matters. 
2. Membership. The commission consists of the following 22 members: 
A. The commissioner or the commissioner's designee: 
B. The Commissioner of Health and Human Services or the commissioner's designee: 
C. The following 9 members appointed by the commissioner: 
(1) A member representing a statewide coalition of sexual assault support centers: 
(2) A member representing an organization promoting racial equity and justice: 
(3) A member representing a tribal coalition against sexual assault and domestic 
violence: 
( 4) A member representing a statewide organization for disability rights: 
(5) A member representing a statewide organization for lesbian, gay, bisexual and 
transgender people: 
( 6) A member representing a national advocacy organization focused on passing 
state legislation written by students and survivors addressing campus sexual 
violence: 
(7) A member representing a statewide coalition of domestic violence resource 
centers: 
(8) A member representing an organization that advocates for immigrant 
communities in this State: and 
(9) A representative from a civil legal services provider representing sexual assault 
survivors: and 
D. The following 11 members appointed by the Governor: 
(1) A student attending a public institution of higher education in this State: 
(2) A student attending a private institution of higher education in this State: 
(3) A student attending an institution in the Maine Community College System; 
( 4) A representative of the University of Maine System recommended by the 
Chancellor of the University of Maine System: 
(5) A representative of a private institution of higher education recommended by 
an association of independent colleges in this State: 
(6) A representative of the Maine Community College System recommended by 
the President of the Maine Community College System: 
(7) A Title IX coordinator at a public institution of higher education in this State: 
(8) A Title IX coordinator at a private institution of higher education in this State: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 572, L.D. 1727 c~sS-Gf) 
(9) A researcher with experience in the development and design of interpersonal 
violence climate surveys; 
(10) A researcher of statistics. data analytics or econometrics with experience in 
higher education survey analysis; and 
(11) A representative of an on-campus health center at an institution of higher 
education who has experience dealing with campus sexual violence. intimate 
partner violence or stalking. 
3. Staffing. The department shall provide appropriate staffing assistance to the 
commission. 
4. Terms; vacancies; compensation. Each appointed member serves a 2-year term 
except that, of those members first appointed, 5 appointed by the Governor and 5 appointed 
by the commissioner must be appointed for a one-year term. The term of office of each 
member must be designated at the time of appointment. A member of the commission may 
serve after the expiration of that member's term until a successor has been appointed. 
Members are compensated in accordance with Title 5, chapter 379. 
5. Quorum. A quorum of the commission consists of 2/3 of appointed members. 
6. 
Powers and duties. 
Beginning July 1, 2023 and biennially thereafter, the 
commission shall provide to the commissioner the interpersonal violence climate survey 
developed in accordance with subsections 8 and 9 and any related recommendations, 
including but not limited to recommendations on achieving statistically valid response 
rates. The commission may make recommendations on legislative and policy actions or on 
enforcing and carrying out the provisions of this chapter and may undertake research 
development and program initiatives consistent with this section. The commission shall 
meet at least 4 times a year. Subcommittees of the commission may meet as necessary. 
The commission may accept funds from the Federal Government, from a political 
subdivision of the State or from an individual, foundation or corporation and may expend 
these funds for purposes that are consistent with this subsection. The commission may 
develop bylaws to fulfill this section. 
7. Fund established. The Higher Education Interpersonal Violence Advisory 
Commission Fund is established as a nonlapsing fund for the purpose of receiving funds 
accepted by the commission under subsection 6. 
8. Development of interpersonal violence climate survey. The commission shall 
develop the interpersonal violence climate survey by: 
A. 
Using best practices from peer-reviewed research and in consultation with 
individuals with expertise in the development and use of interpersonal violence climate 
surveys by institutions of higher education; 
B. Reviewing interpersonal violence climate surveys that have been developed and 
previously used by institutions of higher education in other states; 
C. To ensure the adequacy and appropriateness of the proposed content, providing 
opportunities for written comment from organizations that work directly with victims 
and survivors of sexual violence, intimate partner violence and stalking; 
D. Consulting with institutions on strategies for optimizing the effectiveness of the 
interpersonal violence climate survey; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" ,4 "to S.P. 572, L.D. 1727 ( s~) 
E. Accounting for the diverse needs and differences among the institutions of higher 
education. 
9. Information to be gathered. The interpersonal violence climate survey must 
collect anonymous responses and may not require the disclosure of personally identifiable 
information. The survey must include the survey requirements of the federal Violence 
Against Women Act Reauthorization Act of 2022, Public Law 117-103 and the survey must 
be designed, without being duplicative of the federal requirements, to gather the following 
information: 
A. The number of incidents, both reported and unreported, of sexual violence, intimate 
partner violence and stalking at each institution of higher education; 
B. Generally, when or where incidents of sexual violence, intimate partner violence or 
stalking occurred, including but not limited to on-campus, off-campus, abroad, online 
or elsewhere, but without requiring students to disclose specific information about any 
incident; 
C. Student awareness of the institution's policies and procedures related to sexual 
violence, intimate partner violence and stalking; 
D. Whether a student reported sexual violence, intimate partner violence or stalking 
and, if so, to which campus resource or law enforcement agency the report was made, 
and, if not, the reason for the student's decision not to report; 
E. Whether a student was informed of or referred to local, state, campus or other 
resources or victim support services, including appropriate medical care and legal 
services; 
F. Whether a student was provided the option of protection from retaliation, access to 
school-based accommodations and criminal justice remedies; 
G. Contextual factors of each incident of sexual violence, intimate partner violence or 
stalking, such as the involvement of force, incapacitation, coercion or drug or alcohol 
facilitation; 
H. Demographic information that could be used to identify at-risk groups including 
but not limited to gender, race and sexual orientation; 
I. Perceptions of campus safety among members of the campus community and 
confidence in the institution's ability to protect against and respond in a timely and 
trauma-informed manner to incidents of sexual violence, intimate partner violence or 
stalking; 
J. Whether a reporting party was satisfied with the institution of higher education's 
response to the reporting party's report; 
K. Whether the student has chosen to withdraw or take a leave of absence from the 
institution or transferred to another institution due to being either the reporting party or 
the responding party in an allegation of sexual violence, intimate partner violence or 
stalking; 
L. Whether a student has withdrawn from any classes or been placed on academic 
probation as a result of an incident of sexual violence, intimate partner violence or 
stalking; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 572, L.D. 1727 CS- SSL/) 
M. Answers to any other questions developed by the commission. 
§12985. 
Interpersonal violence climate survey dissemination; aggregate data 
collection; reporting 
1. 
Dissemination; conduct. 
The commissioner shall provide the interpersonal 
violence climate survey biennially to each institution, and each institution shall biennially 
conduct the interpersonal violence climate survey on each campus. Each institution may 
append campus-specific questions to the survey, as long as any additional questions do not 
require the disclosure of any personally identifiable information and are not unnecessarily 
traumatizing for victims of sexual violence, intimate partner violence and stalking. All 
students must be offered an opportunity to complete part or all of the interpersonal violence 
climate survey. 
2. Report to commissioner; website. Within 120 days after completion of the 
interpersonal violence climate survey, each institution shall submit a summary of the results 
and the aggregate data, with any personally identifiable information removed or redacted, 
supporting the results to the commissioner and post the following on the institution of 
higher education's publicly accessible website in a way that does not personally identify 
any student: 
A. The summary of the results of the survey; 
B. The annual security report completed pursuant to 20 United States Code, Section 
1092(f); and 
C. A link to the department's statewide interpersonal violence climate survey data 
pursuant to subsection 3. 
3. Data collection. The department shall establish a data repository for all summaries 
and anonymized and aggregated data of interpersonal violence climate surveys submitted 
by institutions. The department shall ensure that the interpersonal violence climate survey 
data submitted by all institutions in accordance with subsection 2 is available to the public 
in an easily accessible manner on the department's publicly accessible website. 
4. Protection of personal information. The interpersonal violence climate survey 
must be designed to collect anonymous responses and may not publicly disclose any 
personally identifying information. An institution of higher education may not use or 
attempt to use information collected through the interpersonal violence climate survey to 
identify or contact any individual student on campus, nor may the responses to the survey 
be used as the basis for any type of investigation or disciplinary or legal proceeding. 
§12986. Confidential resource advisors 
1. Confidential resource advisor designated. Each institution shall designate at least 
one confidential resource advisor to provide emergency and ongoing support to survivors 
of sexual violence, intimate partner violence and stalking. The confidential resource 
advisor must be designated based on the confidential resource advisor's experience in 
advocating on behalf of victims of sexual assault or domestic violence and a demonstrated 
ability to effectively provide victim services related to sexual violence, intimate partner 
violence or stalking. The confidential resource advisor may have another role at the 
institution of higher education, but may not be a student or a Title IX coordinator and may 
not have any other job responsibilities that may create a conflict of interest, including but 
not limited to being general counsel, director of athletics, dean of students or any employee 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'r} "to S.P. 572, L.D. 1727 ( $- 'SSH) 
who serves on a judicial or hearing board overseeing reports of sexual violence, intimate 
partner violence or stalking or to whom an appeal of such a proceeding might be made. The 
confidential resource advisor shall maintain a physical presence on campus that provides 
the confidential resource advisor a place to meet discreetly and privately with students or 
employees in-person or remotely. An institution may contract or partner with a local, state 
or national victim advocacy organization to provide a confidential resource advisor under 
this subsection. 
2. Additional designation; partnership. Each institution of higher education shall 
designate existing categories of employees who may also serve as confidential resource 
advisors. This subsection may not be construed to limit an institution of higher education 
from designating a new or existing employee as a confidential resource advisor. An 
institution of higher education that enrolls.fewer than 1,000 residential students may partner 
with another institution of higher education or local sexual assault support center within 
the State to provide the services under this section. Any partnership entered into under this 
subsection must ensure that the confidential resource advisor is available to a student within 
a reasonable distance from the student's institution of higher education. 
3. Training. A confidential resource advisor must receive the following training: 
A. Prior to designation as a confidential resource advisor, 40 hours of training on 
sexual violence, intimate partner violence and stalking; 
B. Training regarding unconscious biases related to race, gender and sexuality; 
C. Training regarding awareness and prevention of sexual violence, intimate partner 
violence or stalking, relevant federal policies, the institution's policy under section 
12982 and trauma-informed response; and 
D. Twenty hours of educational training annually on issues related to sexual violence, 
intimate partner violence and stalking, including but not limited to awareness and 
prevention of sexual violence, intimate partner violence and stalking and a trauma-
informed response. 
4. Coordination. A confidential resource advisor shall coordinate with on-campus, if 
any, and off-campus sexual assault support centers and domestic violence resource centers 
within a reasonable time after being designated as a confidential resource advisor. 
5. Information and resources. A confidential resource advisor is responsible for 
providing the following information and resources regarding incidents of sexual violence, 
intimate partner violence or stalking to students and employees: 
A. Reporting options and the probable effects of each option; 
B. Counseling services available on campus and through a local sexual assault support 
center or domestic violence resource center; 
C. Medical and mental health services available on campus and off campus: 
D. When requested, campus escort services for security; 
E. 
Available supportive measures, including academic and residential life 
accommodations: 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"A "toS.P.572,L.D.1727 (0-55Y) 
F. 
For students considering temporary or permanent withdrawal or reduced 
enrollment, student loan counseling including but not limited to information regarding 
loan deferment, forbearance or other applicable student loan programs; 
G. The institution's investigative, disciplinary and nondisciplinary processes; 
H. The legal process of local, state and federal law enforcement agencies; 
I. That the institution of higher education's disciplinary process is not to be considered 
a substitute for the criminal justice process; and 
J. Any limits on the ability of the confidential resource advisor to keep private or 
confidential the information of the student. 
6. Direct assistance. If requested by the reporting party, the confidential resource 
advisor, using only the student or employee's identifying information, shall coordinate with 
the campus resources to arrange possible school-provided supportive measures, including 
those available through any memoranda of understanding with sexual assault support 
centers and domestic violence resource centers, and including but not limited to: 
A. Changes in academic status, dining, housing, transportation or campus employment; 
B. Access to counseling and other mental health services; 
C. Excused absences, academic counseling and tutoring; 
D. Academic course work accommodations; and 
E. Financial resources that are under the control of the institution, including if a student 
has to withdraw from a class or the institution entirely, such as tuition credit, 
opportunities to withdraw or reenroll in a course without academic or financial penalty 
and continued eligibility for scholarships and honors. 
Supportive measures may also be obtained, when appropriate, through disability services 
and the Title IX coordinator at the institution of higher education. 
7. Additional actions. A confidential resource advisor, regarding an alleged incident 
of sexual violence, intimate partner violence or stalking reported to the advisor: 
A. Shall notify all campus resources that are involved in providing or enforcing 
supportive measures or accommodations of their duties; 
B. May, if appropriate and directed by a student, assist the student in contacting or 
reporting to campus or local law enforcement agencies; 
C. Shall notify a student of the student's rights and the institution's responsibility 
regarding a protection order, no-contact order or any other lawful order issued by the 
institution or by a criminal, civil or tribal court; 
D. May not be required to report the incident to the institution or a law enforcement 
agency unless otherwise required to do so by state or federal law and shall provide 
confidential services to students or employees; 
E. 
May attend an administrative adjudication proceeding or the institution's 
disciplinary proceeding as an advisor or support person of a student's or employee's 
choice; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" {1 "to S.P. 572, L.D. 1727 (S-S51 
F. May disclose confidential information with the prior written consent of the reporting 
party or if required by state or federal law; 
G. May not provide services to both the reporting party and the responding party to 
the incident of sexual violence, intimate partner violence or stalking; and 
H. May not act as a counselor or therapist unless the confidential resource advisor is a 
licensed counselor in this State and the student engages the confidential resource 
advisor in that capacity. 
8. Notice. A report to a confidential resource advisor of an alleged incident of sexual 
violence, intimate partner violence or stalking or a confidential resource advisor's 
performance of a service under this section may not be considered actual or constructive 
notice of such an alleged incident to the institution of higher education at which the 
confidential resource advisor is employed or provides contracted services. 
9. Retaliation. If a conflict of interest arises for an institution in which a confidential 
resource advisor is advocating for a reporting party's need for sexual assault support 
services or campus or local law enforcement agency services, the institution may not 
discipline, penalize or otherwise retaliate against the confidential resource advisor for 
representing the interest of the reporting party. 
10. Privileged communications. Communications between a reporting party and a 
confidential resource advisor are privileged from disclosure as follows. 
A. A reporting party may refuse to disclose and may deny permission to a confidential 
resource advisor to disclose confidential written or oral communications between the 
reporting party and the confidential resource advisor and any written records, notes, 
memoranda or reports concerning the reporting party. 
B. Except as provided in paragraph C, a confidential resource advisor may not be 
required through oral or written testimony or through production of documents to 
disclose to a court in criminal or civil proceedings or to any agency or person any 
privileged communications between the reporting party and the confidential resource 
advisor. 
C. Privileged communications may be disclosed in the following circumstances: 
(1) When disclosure is required under Title 22, chapter 958-A or 1071 and that 
disclosure is in accordance with provisions of either chapter; 
(2) When a court in the exercise of its discretion determines the disclosure of the 
information necessary to proper administration of justice, an inspection of records 
may be held in camera by the judge to determine whether those records contain 
relevant information. This proceeding does not entitle an opposing party to 
examine the records unless those records are made available by the court; or 
(3) When a reporting party dies or is incapable of giving consent and disclosure is 
required for an official law enforcement agency investigation or criminal 
proceeding regarding the cause of the victim's death or incapacitation. 
11. 
Confidential criminal history record information. 
Notwithstanding any 
provision of law to the contrary, a criminal justice agency, whether directly or through any 
intermediary, may disseminate confidential criminal history record information to a 
confidential resource advisor for the purpose of planning for the safety of the party the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 572, L.D. 1727 ( s-ss"Y) 
confidential resource advisor is advising. A confidential resource advisor who receives 
confidential criminal history record information pursuant to this subsection shall use it 
solely for the purpose authorized by this subsection and may not further disseminate the 
information. 
12. Cross-examination. Nothing in this section may be construed to limit either 
party's right of cross-examination of the confidential resource advisor in a civil or criminal 
proceeding if the confidential resource advisor testifies after written consent has been given 
or in accordance with subsection 10. 
§12987. Awareness programming 
An institution of higher education, with guidance from its Title IX coordinator, a local 
law enforcement agency and the sexual assault support center or the domestic violence 
resource center identified in the institution's policy under section 12982, shall provide 
mandatory prevention and awareness programming on sexual violence, intimate partner 
violence and stalking for all incoming students and all employees of the institution. The 
institution shall make available prevention and awareness programming to all returning 
students of the institution. The prevention and awareness programming must include: 
1. Affirmative consent. An explanation of affirmative consent as it applies to sexual 
activity and sexual relationships; 
2. Affirmative consent; drugs and alcohol. The role drugs and alcohol play in an 
individual's ability to provide affirmative consent; 
3. Options for reporting. Information on options relating to the reporting of an 
incident of sexual violence, intimate partner violence or stalking, the probable effects and 
potential outcomes of each option and the methods to report an incident of sexual violence, 
intimate partner violence or stalking, including confidential and anonymous disclosure; 
4. Institution's procedures; sanctions and penalties. Information on the institution's 
procedures for resolving reports of sexual violence, intimate partner violence and stalking 
and the range of sanctions or penalties the institution may impose on students and 
employees found responsible for a violation of a policy and related procedures adopted 
under section 12982; 
5. Contact information. The name, contact information and role of the confidential 
resource advisor, information about the local sexual assault support center, their 
confidential services and how to access those services, information about the domestic 
violence resource center, their confidential services and how to access those services, as 
well as the name and contact information of all other personnel governed by confidentiality 
policies at the institution; 
6. Bystander intervention and risk reduction. Strategies for bystander intervention 
and risk reduction; 
7. Ongoing prevention and awareness, Opportunities for ongoing sexual violence, 
intimate partner violence and stalking prevention and awareness programming, including 
through ongoing campaigns; and 
8. Sensitivity; marginalized groups. An approach to training that recognizes and is 
sensitive to the disproportionate impacts and rates of occurrence of sexual violence, 
intimate partner violence and stalking on members of marginalized groups, including but 
COMMITTEE AMENDMENT 
~os 
(s- SSI//\ 
COMMITTEE AMENDMENT" /4 "to S.P. 572, L.D. 1727 
) 
not limited to people of color, people with disabilities and lesbian, gay, bisexual and 
transgender people. 
§12988. Training for Title IX coordinators, campus safety personnel and individuals 
involved in the disciplinary process 
1. General requirement. Each institution of higher education shall ensure that its 
Title IX coordinator and members of its campus police force or campus safety personnel 
employed by the institution of higher education undergo annual training in awareness of 
sexual violence, intimate partner violence and stalking and trauma-informed responses. 
2. Requirements for involvement in disciplinary process. Any individual who 
participates in the implementation of an institution's disciplinary process under this chapter, 
including but not limited to any individuals responsible for resolving reports of incidents 
of sexual violence, intimate partner violence and stalking, must be trained or have 
experience in handling such reports and the operations of the institution's disciplinary 
practice. The training must include, but is not limited to: 
A. Information about providing a trauma-informed response when working with and 
interviewing victims of an alleged incident of sexual violence, intimate partner 
violence or stalking; 
B. Information on particular types of conduct that constitute sexual violence, intimate 
partner violence and stalking; 
C. Information on affirmative consent and the role drugs and alcohol may play in an 
individual's ability to consent; 
D. The effects of trauma, including any neurobiological impact on an individual; 
E. Cultural competency training regarding how sexual violence, intimate partner 
violence and stalking may affect students differently depending on factors that 
contribute to a student's cultural background, including but not limited to national 
origin, sex, ethnicity, religion, gender identity, gender expression and sexual 
orientation; 
F. Methods of communicating 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; 
G. Training and information regarding how sexual violence, intimate partner violence 
and stalking may affect students with developmental or intellectual disabilities; and 
H. Methods of communicating sensitively with a responding party, including an 
awareness of the emotional impact of an allegation of sexual violence, intimate partner 
violence and stalking. 
§12989. Reporting 
1. Report. By October 1, 2023 and annually thereafter, 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 higher education matters the annual security report required under the federal Jeanne 
COMMITTEE AMENDMENT 
~o'b 
COMMITTEE AMENDMENT" A "to S.P. 572, L.D. 1727 (S- ss-'1) 
Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 United 
States Code, Section 1092(f). 
§12990. Immunity 
A reporting party or a witness who requests an investigation of sexual violence, 
intimate partner violence or stalking may not be subject to a disciplinary proceeding or 
sanction or penalty for a violation of the institution's student conduct policy related to drug 
or alcohol use, trespassing or unauthorized entry of the institution's facilities that comes to 
the attention of the institution as part of that report or investigation of sexual violence, 
intimate partner violence or stalking unless the institution determines that the report was 
not made in good faith or that the violation was egregious. An egregious violation must 
include, but not be limited to, taking an action that places the health and safety of another 
person at risk. This section may not be construed to limit the ability of an institution to 
establish an immunity policy for student conduct violations not mentioned in this section. 
§12991. Memoranda of understanding 
1. Requirement. No later than July 1, 2023, an institution of higher education shall 
enter into and maintain a memorandum of understanding with a sexual assault support 
center and domestic violence resource center that is funded by the Department of Health 
and Human Services to: 
A. Provide an off-campus option for students and employees of the institution to 
receive free and confidential sexual assault crisis services, including access to a sexual 
assault nurse examiner, if available, or free and confidential domestic violence crisis 
services; 
B. Ensure that a student or employee of the institution may access free and confidential 
advocacy services either on campus or off campus related to sexual violence, intimate 
partner violence or stalking; 
C. Ensure cooperation and training between the institution and the sexual assault 
support center or domestic violence resource center regarding the roles that the 
institution, sexual assault support center and domestic violence resource center should 
play in responding to reports and disclosures of sexual violence, intimate partner 
violence and stalking against students and employees of the institution and the 
institution's protocols for providing support and services to such students and 
employees; 
D. Ensure that a student or employee of the institution has access to mental health 
services, either on campus or off campus, relating to sexual violence, intimate paitner 
violence or stalking; and 
E. Make referrals for civil legal representation to assist with civil protections, including 
but not limited to those related to protections under Title IX of the federal Education 
Amendments of 1972, Public Law 92-318, as amended, or protection from abuse 
orders. 
2. Confidential victim services; fees. A memorandum of understanding may include 
an agreement, including a fee structure, between the sexual assault support center or 
domestic violence resource center under subsection 1 and the institution of higher 
education to provide confidential victim services. Confidential victim services may include 
case consultation and training fees for confidential resource advisors, consultation fees for 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT" /1 "to S.P. 572, L.D. 1727 ( &-55~) 
the development and implementation of sexual violence, intimate partner violence and 
stalking education and prevention programs for students, the development of trauma-
informed response staff training and prevention curricula and private on-site office space 
for an advocate from the sexual assault support center and domestic violence resource 
center to meet with students or employees. 
Sec. 3. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
COMMUNITY COLLEGE SYSTEM, BOARD OF TRUSTEES OF THE MAINE 
Maine Community College System - Board of Trustees 0556 
Initiative: Provides ongoing funds to contract for the services of a confidential resource 
advisor at each of the 7 campuses within the Maine Community College System. 
GENERAL FUND 
2021-22 
All Other 
$0 
GENERAL FUND TOTAL 
COMMUNITY COLLEGE SYSTEM, BOARD OF 
TRUSTEES OF THE MAINE 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
EDUCATION, DEPARTMENT OF 
$0 
2021-22 
$0 
$0 
Higher Education Interpersonal Violence Advisory Commission Fund N957 
2022-23 
$344,531 
$344,531 
2022-23 
$344,531 
$344,531 
Initiative: Provides a base allocation to authorize expenditures of funds received from the 
Federal Government to support the work of the commission. 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
2021-22 
$0 
$0 
Higher Education Interpersonal Violence Advisory Commission Fund N957 
2022-23 
$500 
$500 
Initiative: Provides a base allocation to authorize expenditures of funds received from 
public or private sources to support the work of the commission. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2021-22 
$0 
$0 
Higher Education Interpersonal Violence Advisory Commission Fund N957 
COMMITTEE AMENDMENT 
2022-23 
$500 
$500 
~os 
COMMITTEE AMENDMENT" /~ "to S.P. 572, L.D. 1727 ( S-S5L() 
Initiative: Provides funds for the costs associated with developing the interpersonal 
violence climate survey for dissemination to institutions of higher education on a biennial 
basis. 
GENERAL FUND 
All Other 
GENERAL FUND TOT AL 
2021-22 
$0 
$0 
2022-23 
$40,000 
$40,000 
Higher Education Interpersonal Violence Advisory Commission Fund N957 
Initiative: Provides ongoing funds for the costs associated with staffing the commission 
and coordinating and validating the data collected from the interpersonal violence climate 
survey. 
GENERAL FUND 
All Other 
GENERAL FUND TOT AL 
2021-22 
$0 
$0 
2022-23 
$16,000 
$16,000 
Higher Education Interpersonal Violence Advisory Commission Fund N957 
Initiative: Provides ongoing funds for the costs associated with establishing and 
maintaining a data repository for all anonymized and aggregated raw data of interpersonal 
violence climate surveys submitted by higher education institutions. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
EDUCATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
MARITIME ACADEMY, MAINE 
Maritime Academy - Operations 0035 
2021-22 
$0 
$0 
2021-22 
$0 
$0 
$0 
$0 
2022-23 
$20,000 
$20,000 
2022-23 
$76,000 
$500 
$500 
$77,000 
Initiative: Provides ongoing funds to contract for the services of a confidential resource 
advisor at the Maine Maritime Academy. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
MARITIME ACADEMY, MAINE 
2021-22 
$0 
$0 
COMMITTEE AMENDMENT 
2022-23 
$49,219 
$49,219 
COMMITTEE AMENDMENT" A" to S.P. 572, L.D. 1727 ( $-ss~ 
DEPARTMENT TOTALS 
2021-22 
GENERALFUND 
$0 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
UNIVERSITY OF MAINE SYSTEM, BOARD OF TRUSTEES OF THE 
Educational and General Activities - UMS 0031 
2022-23 
$49,219 
$49,219 
Initiative: Provides ongoing funds to contract for a confidential resource advisor at each of 
the 7 campuses within the University of Maine System as well as for the University of 
Maine School of Law. 
GENERAL FUND 
All Other 
GENERAL FUND TOT AL 
UNIVERSITY OF MAINE SYSTEM, BOARD OF 
TRUSTEES OF THE 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2021-22 
$0 
$0 
2021-22 
$0 
$0 
2021-22 
$0 
$0 
$0 
$0 
2022-23 
$393,750 
$393,750 
2022-23 
$393,750 
$393,750 
2022-23 
$863,500 
$500 
$500 
$864,500 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, does the following: 
1. Removes references to "sexual misconduct" and replaces that phrase with "sexual 
violence, intimate partner violence or stalking" and defines each of those terms and amends 
the defmition of "student"; 
2. Replaces references to a local rape crisis center with references to a sexual assault 
support center and references to a domestic violence support center with references to a 
domestic violence resource center; 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "to S.P. 572, L.D. 1727 (S-55 Y) 
3. Provides that an institution of higher education's policy, and related procedures, 
regarding sexual violence, intimate partner violence and stalking must be adopted no later 
than July 1, 2023 and that the policy must be available on each institution's campus website 
and in student handbooks, and that notices of policy availability and outreach for victims 
of sexual violence, intimate partner violence and stalking must be posted at locations where 
students regularly congregate; 
4. Amends the content of the institution's policy; 
5. Amends the confidentiality provision to clarify that the identity of a reporting party 
and responding party and all information related to an incident of sexual violence, intimate 
partner violence or stalking is confidential and may not be disclosed by the institution of 
higher education except as necessary to carry out a disciplinary process or as otherwise 
permitted under state or federal law; 
6. Amends the name of the Higher Education Sexual Misconduct Advisory 
Commission to the Higher Education Interpersonal Violence Advisory Commission and 
amends its membership, initial terms of appointment, quorum requirements and duties; 
7. Provides that institutions of higher education may contract or partner with a local, 
state or national organization to provide a confidential resource advisor on campus; 
8. Provides that, if requested by a student or employee, the confidential resource 
advisor must provide direct assistance coordinating with the appropriate institutional 
personnel to arrange possible school-provided support measures; 
9. Amends the provision that provides for privileged communications between a victim 
and a confidential resource advisor and the conditions under which those communications 
are privileged from disclosure and when they may be disclosed; 
10. Simplifies the reporting requirements of the institutions of higher education to 
require that the institutions submit the annual security report under the federal Jeanne Clery 
Disclosure of Campus Security Policy and Campus Crime Statistics Act; 
11. Adds that the memoranda of understanding with a sexual assault support center or 
domestic violence resource center must help ensure that a student or employee of the 
institution has access to mental health services and facilitate making referrals to civil legal 
representation to assist with civil protections; and 
12. Removes the provisions of the bill that relate to Department of Education oversight, 
enforcement, penalties and rulemaking. 
The amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/12/22 :!:Pae. 
LD 1727 
LR 248(02) 
An Act Concerning Sexual Misconduct on College Campuses 
Fiscal Note for Bill as Amended by Committee Amendment 'tt' (.s-SS ~) 
Committee: Education and Cultural Affairs 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Federal Expenditures Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2021-22 
$0 
$0 
$0 
$0 
FY 2022-23 
$863,500 
$863,500 
$500 
$500 
Projections 
FY 2023-24 
$811,500 
$811,500 
$500 
$500 
Projections 
FY 2024-25 
$851,500 
$851,500 
$501 
$500 
This bill includes General Fund appropriations totaling $863,500 in fiscal year 2022-23 for the costs associated with 
addressing sexual misconduct on college campuses. Of that amount, $787,500 is for the ongoing costs to the 
University of Maine System (UMS), the Maine Community College System (MCCS) and Maine Maritime Academy 
(MMA) to contract for the services of a confidential resource advisor at each of their campuses, with UMS receiving 
$393,750, MCCS receiving $344,531 and MMA receiving $49,219. 
The remaining amount of $76,000 is appropriated in fiscal year 2022-23 to a newly established Higher Education 
Interpersonal Violence Advisory Commission Fund within the Department of Education for the costs associated with 
supporting the work of the commission. Of that amount, $40,000 is provided in fiscal year 2022-23 and every other 
year thereafter for the cost of developing the interpersonal violence climate survey for dissemination to institutions 
of higher education. A General Fund appropriation of $20,000 is provided in fiscal year 2022-23 for the costs to 
establish a data repository for the survey results. The estimated cost to maintain the data repository is $8,000 per 
year beginning in fiscal year 2023-24. Finally, $16,000 per year is provided for the costs of staffing the commission 
and coordinating and validating the data collected from the survey. This bill also includes Other Special Revenue 
Funds and Federal Expenditures Fund base allocations of $500 in fiscal year 2022-23 to the fund to authorize 
expenditure of any funding received from federal, public or private sources to support the work of the commission. 
Any additional costs to the Department of Health and Human Services to be a part of The Higher Education 
Interpersonal Violence Advisory Commission are expected to be minor and can be absorbed within existing budgeted 
resources. 
LR0248(02) - Fiscal Note - Page 1 of 1