reglab/statecodes huggingface dataset:
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION › Section 201-15-11 - Declaration of State of Emergency

Current through 2024-29, July 17, 2024
A. This section may
				be invoked by the DOC in the event that the Governor has declared a State of
				Emergency or at the discretion of the DOC, in consultation with the Maine
				Commission on Domestic and Sexual Abuse, in order to respond to serious health
				and safety risks.
1. A BIProgram shall, if
				possible, be held in an in-person group format that complies with all
				guidelines relating to the State of Emergency or as determined by the DOC, as
				applicable.
2. If it is not
				possible for a BIProgram to hold an in-person group that complies with all such
				guidelines, the BIProgram shall offer a video conferencing group.
3. If a domestic abuse offender or the
				BIProgram has reasonable and articulable health and safety related concerns
				related to a specific offender, the BIProgram shall inform the referral source,
				and the domestic abuse offender shall be given the option to participate with
				an in-person group via video conferencing or to participate in a video
				conferencing group, as applicable.
4. Participation in a group via video
				conferencing must be on camera for the full duration of the class, except as
				outlined in section 11. A.6, or as approved by the educator(s).
5. Participation via video conferencing must
				be in real time only .There shall be no recording of a video conferencing class
				except for quality assurance purposes by educators and/or monitors only.
				Recordings must not be disseminated. Each BIProgram shall have a protocol in
				place to ensure that any recording is destroyed within 30 days after the
				recording is made.
6. If a domestic
				abuse offender for whom there are health and safety related concerns does not
				have access to video conferencing technology, the domestic abuse offender may
				be given the option to participate via a phone call to an in-person group or
				video conferencing group. The use of this option to deliver the program must
				occur only in consultation with the referral source and must be limited to only
				that period of time necessary to allow the domestic abuse offender to gain
				access to video conferencing technology.
7. A BIProgram must notify victims, the local
				DVC, MCEDV, and DOC about any changes to the BIProgram format, unless
				notification to a victim would jeopardize the victim's or domestic abuse
				offender's safety. Notification must include information about local victim
				advocacy services. The BIProgram shall provide victim contact information to
				the DVC so that victim advocates may contact the victim(s), unless the contact
				would jeopardize the victim's or domestic abuse offender's safety.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 208 - MAINE STATE PAROLE BOARD › Chapter 1 - RULES AND POLICY › Section 208-1-II - THE PAROLE RELEASE DECISION

Current through 2024-29, July 17, 2024
A. RELEASE CRITERIA
The Parole Board has discretionary authority to grant or deny
				  parole ( 34-A M.R.S.A. §5211, §5802 ). In making decisions, the Board
				  attempts to balance the interests of society with the interests of the offender
				  and, in each case, it must gauge the risk the granting of parole poses to the
				  community.
In evaluating an inmate's case, the Board considers, but is
				  not limited to, the following factors:
1. Adequacy of the Parole Plan. The Board
				expects the inmate to develop a definite plan with regard to re-entry into the
				community. The plan should reflect employment and/or educational objectives,
				living arrangements, and the availability of community resources capable of
				assisting the parolee.
2. Personal
				History. The Board considers the inmate's education, vocational training, and
				other occupational skills, employment history, willingness to accept
				responsibility and history of drug, or excessive alcohol consumption.
3. Criminal History. The Board takes into
				account the seriousness of prior and instant criminal offenses, their frequency
				and time span and any pending charges.
4. Institutional Conduct. The Board looks at
				the inmate's institutional conduct, including participation in educational or
				other self improvement programs, and the nature and number of disciplinary
				proceedings.
5. Previous Probation
				or Parole. The Board reviews the number of previous probations or paroles and
				the inmate's prior conduct and attitude while on probation or parole.
6. Psychological Evaluations. The Board also
				considers psychological or psychiatric evaluations reflecting the inmate's
				mental or emotional make-up, and may request such Evaluations, if
				appropriate.
7. Recommendations
				Made by the Sentencing Court. The Board considers sentencing recommendations
				made by the court.
8.
				Recommendations and Field Observations. The Board considers observations and
				recommendations concerning the proposed parole program made by the
				investigating parole officer. Information is requested from the inmate
				concerning where and with whom he/she will reside, the proposed occupation or
				employment and any other facts the institutional parole officer deems
				appropriate. This information is submitted to a field officer who investigates
				the feasibility and desirability of the proposed program and makes a
				recommendation concerning the acceptability. A summary of the pre-parole
				investigation is included in the summary of the inmate's file to the
				Board.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 208 - MAINE STATE PAROLE BOARD › Chapter 1 - RULES AND POLICY › Section 208-1-III - PAROLE CONDITIONS

Current through 2024-29, July 17, 2024
A. PAROLE
				CONDITIONS
Parole allows an inmate to remain in the community as long as
				  he adheres to certain conditions imposed by the Board. These conditions are set
				  forth in the Parole Certificate (Appendix page 26) which is signed by the
				  inmate. His signature indicates acceptance of these conditions and
				  acknowledgment that non-compliance may result in return to the
				  institution.
Conditions are of two varieties: Those uniformly imposed on
				  all parolees, and those imposed on a case-by-case basis according to the
				  rehabilitative need of the individual offender or for further community
				  protection.
1. General Conditions are:
a. I will comply with all federal, state, and
				municipal laws.
b. I will report
				regularly to my parole officer, as instructed.
c. Before I change my residence, I will
				report to my parole officer in person and inform him, of my new
				address.
d. I will make a diligent
				effort to maintain gainful employment unless excused by the Parole
				Board.
e. I will report to my
				parole officer in person before I change my employment; and if terminated, I
				will promptly notify my parole officer.
f. I will obtain permission from my parole
				officer prior to leaving the state. Should I leave the state without
				permission, I hereby do waive extradition to the State of Maine from any
				jurisdiction in or outside the United States where I may be found and also that
				I will not contest any effort by any jurisdiction to return me to the State of
				Maine.
g. I agree that upon being
				arrested, detained, or questioned by a law enforcement officer, I will identify
				myself as a parolee by presenting to the officer my Parolee Identification
				Card, which I will carry at all times. I also agree to advise my parole officer
				of this contact within 24 hours.
h.
				I will comply with any additional special conditions imposed by the Parole
				Board or temporarily imposed by my supervising parole officer.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 208 - MAINE STATE PAROLE BOARD › Chapter 1 - RULES AND POLICY › Section 208-1-V - PETITION FOR CASE REVIEW

Current through 2024-29, July 17, 2024
In cases where the denial period imposed by the Board exceeds
				  five years, the inmate may after five years, petition the Board for a case
				  review to determine if a new eligibility hearing is warranted. In the petition,
				  the inmate will set forth the original reasons for parole denial and an
				  explanation of his present circumstances to show why the original reasons for
				  denial are no longer valid.
The Board will review the petition at a regularly scheduled
				  hearing and notify the inmate in writing, of its decision to deny the petition
				  or grant another release hearing.
Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 208 - MAINE STATE PAROLE BOARD › Chapter 1 - RULES AND POLICY › Section 208-1-VI - DISCHARGE FROM PAROLE

Current through 2024-29, July 17, 2024
An individual's parole is terminated on his parole discharge
				  date, which is mathematically determined in accordance with sentence and
				  institutional good conduct deductions. A prisoner paroled on a life sentence
				  must successfully complete ten (10) years of supervision before discharge (
				   34-A M.R.S.A.
				  §5809 ). However, the Board may
				  otherwise discharge a parolee before his parole discharge date if it appears
				  that the person is no longer in need of supervision. Either a parole officer or
				  a parolee may request that the Board grant an early discharge by contacting the
				  Board in writing stating the reasons for such request (
				   34-A M.R.S.A.
				  §5809 ).
Normally, the Board will not discharge a parolee unless he
				  successfully abides by the conditions of his parole for a period of at least
				  one year. The Board considers discharges in less than one year under special
				  circumstances.
Once a decision is made granting early discharge, the Board
				  shall notify the appropriate institution of the discharge, stating the reason
				  for the discharge (Form entitled, "Authorization to Discharge Parolee",
				  Appendix page 39).
Code of Maine Rules › 04 - DEPARTMENT OF CONSERVATION › 056 - CONSERVATION - GENERAL › Chapter 1 - GRIEVANCE PROCEDURES FOR THE HANDICAPPED

Current through 2024-29, July 17, 2024
SECTION 504 GRIEVANCE PROCEDURE
Maine Department of Conservation has adopted the following
				internal grievance procedure providing for prompt and equitable resolution of
				complaints alleging any action prohibited by federal regulations implementing
				Section 504 of the Rehabilitation Act of 1973, as amended (
				 29 U.S.C. §
									794  ).
Section 504 states, in part, that "No otherwise qualified
				handicapped individual . . . shall, solely by reason of his handicap, be
				excluded from the participation in, be denied the benefits of, or be subjected
				to discrimination under any program or activity receiving Federal financial
				assistance..."
This 504 grievance procedure is not meant to preclude other
				avenues of relief for the grievant.
The law and regulations may be examined in the office of
Susan Benson
Assistant to the Commissioner for Public Information
State House Station 22, Harlow Building
Augusta, Maine 04333
207/287-2211
who has been designated to coordinate the efforts of the
				Department of Conservation to comply with the regulations.
1. A complaint must be tiled in writing or
			 verbally within 180 days of the alleged violation with the Agency 504
			 Coordinator, contain the name and address of the person filing it, and describe
			 the action alleged to be prohibited by the regulations.
2. The Agency 504 Coordinator or his designee
			 shall conduct an investigation to determine the validity of the complaint. The
			 investigation shall include an opportunity for the grievant, by requesting an
			 informal conference within 30 days of filing the complaint, to confront the
			 people responsible for the action complained against. The 504 Coordinator
			 shall, immediately upon receipt of the complaint,-inform the grievant in
			 writing of his right to-request a conference. If the grievant requests and
			 participates in a conference, he shall have an opportunity to present evidence
			 and arguments on all issues, to cross-examine any person present and
			 testifying, and to be represented at the conference. The 504 Coordinator shall
			 be responsible for creating and maintaining a record or report of the
			 conference. if the grievant does not request a conference, he shall still have
			 the right to present evidence such as documents and written statements to the
			 504 Coordinator for consideration during the investigation. The Agency 504
			 Coordinator shall provide the Agency head with a written report of the findings
			 of the investigation, including the record or report of the informal
			 conference, if such a conference occurred.
3. The agency head shall issue a
			 written-decision within 60 days of the date the complaint was filed describing
			 what action, if any, she/he will take regarding the complaint.
4. The 504 Coordinator will maintain the 504
			 complaint files of the agency for two years.
Code of Maine Rules › 04 - DEPARTMENT OF CONSERVATION › 056 - CONSERVATION - GENERAL › Chapter 3 - DESIGNATED SCENIC VIEWPOINTS OF STATE OR NATIONAL SIGNIFICANCE, LOCATED ON PUBLIC RESERVED LAND OR ON A PUBLICLY ACCESSIBLE TRAIL USED EXCLUSIVELY FOR PEDESTRIAN USE, FOR CONSIDERATION IN THE PERMITTING OF EXPEDITED WIND ENERGY DEVELOPMENT › Section 056-3-1 - APPLICABILITY

Current through 2024-29, July 17, 2024
As provided by PL 2007, c. 661, codified at 35-A M.R.S.
				  §3451(9) & § 3457(1), certain
				  viewpoints are designated in this rule for consideration solely in the context
				  of permitting wind energy development sited within the expedited permitting
				  area. This rule designates scenic viewpoints as set forth in 35-A M.R.S. §3451(9)(F). Public
				  Reserved Land is limited to Public Reserved Land owned in majority interest in
				  fee by the State of Maine, Department of Conservation, Bureau of Parks and
				  Lands.
Code of Maine Rules › 04 - DEPARTMENT OF CONSERVATION › 056 - CONSERVATION - GENERAL › Chapter 3 - DESIGNATED SCENIC VIEWPOINTS OF STATE OR NATIONAL SIGNIFICANCE, LOCATED ON PUBLIC RESERVED LAND OR ON A PUBLICLY ACCESSIBLE TRAIL USED EXCLUSIVELY FOR PEDESTRIAN USE, FOR CONSIDERATION IN THE PERMITTING OF EXPEDITED WIND ENERGY DEVELOPMENT › Section 056-3-2 - THE FOLLOWING VIEWPOINTS LOCATED ON PUBLIC RESERVED LANDS ARE DESIGNATED AS SCENIC VIEWPOINTS OF STATE OR NATIONAL SIGNIFICANCE

Current through 2024-29, July 17, 2024
1. All viewpoints within 1000 feet of the
				Atlantic Ocean at high tide within the Cutler Unit (also known as the Cutler
				Coast or the Bold Coast Unit) which is located in the Town of Cutler in
				Washington County;
2. All
				viewpoints in the Donnell Pond and Tunk Lake Units which are located in T10 SD,
				T7 SD, T9 SD, Town of Franklin, and Town of Sullivan in Hancock
				County;
3. All viewpoints in the
				Mahoosuc Unit which is located in Andover West Surplus Twp., Grafton Twp.,
				Riley, Twp., and the Town of Newry, all in Oxford County;
4. All viewpoints in the T6 North of Weld
				Unit (also known as the Tumbledown Mountain Unit) which is located in T6 North
				of Weld and the Town of Phillips in Franklin County;
5. All viewpoints in the Mount Abram Unit
				which is located in Mount Abram Twp. and Salem Twp. in Franklin
				County;
6. All viewpoints in the
				Bald Mountain Rangeley Unit which is located in the Town of Rangeley in
				Franklin County;
7. All viewpoints
				in the Bigelow Preserve which is located in Wyman Twp., Bigelow Twp., the Town
				of Carrabassett Valley, and Dead River Twp. in Somerset and Franklin
				Counties;
8. All viewpoints in the
				Upper Enchanted Township Unit (also known as the Coburn Mountain parcel) which
				is located in Upper Enchanted Township in Somerset County;
9. All viewpoints in the Little Moose Unit
				which is located in Big Moose Twp. and Moosehead Junction Twp. in Piscataquis
				County;
10. All viewpoints in the
				Deboullie Unit which is located in T15 R9 in Aroostook County;
11. All viewpoints in the Kennebec Highlands
				Unit which is located in the Towns of Vienna, Mount Vernon, Belgrade, Rome, and
				New Sharon in Kennebec and Franklin Counties;
12. All viewpoints in the Perkins Lot which
				is located in Perkins Township in Franklin County.
Code of Maine Rules › 04 - DEPARTMENT OF CONSERVATION › 056 - CONSERVATION - GENERAL › Chapter 3 - DESIGNATED SCENIC VIEWPOINTS OF STATE OR NATIONAL SIGNIFICANCE, LOCATED ON PUBLIC RESERVED LAND OR ON A PUBLICLY ACCESSIBLE TRAIL USED EXCLUSIVELY FOR PEDESTRIAN USE, FOR CONSIDERATION IN THE PERMITTING OF EXPEDITED WIND ENERGY DEVELOPMENT › Section 056-3-3 - THE FOLLOWING VIEWPOINTS LOCATED ON PEDESTRIAN-USE ONLY TRAILS, TO THE EXTENT THE TRAILS ARE OWNED BY THE PUBLIC OR TO THE EXTENT THE PUBLIC HAS A LEGAL RIGHT OF ACCESS, ARE DESIGNATED AS SCENIC VIEWPOINTS OF STATE OR NATIONAL SIGNIFICANCE

Current through 2024-29, July 17, 2024
1.
				All viewpoints on the Appalachian Trail;
2. All viewpoints in the State of Maine which
				are located in the White Mountain National Forest all in Oxford
				County;
3. All viewpoints on land
				owned by the Appalachian Mountain Club and subsidiaries or successors or
				assigns in Bowdoin College Grant West (T8 R10 NWP), Bowdoin College Grant East
				(T7 R10 NWP), T7 R9 NWP, and Shawtown Township (TA R12 WELS), all in
				Piscataquis County;
4. All
				viewpoints on the Grafton Loop Trail, so-called, in the Town of Newry or the
				Town of Andover in Oxford County, in addition to those viewpoints along the
				trail designated herein at Section
				2(3).
04-58, 04-59 and 04-61 transferred to
				  01-669, 01-670 and 01-672.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-01 - GENERALLY

Current through 2024-29, July 17, 2024
A.
Purpose
Pursuant to Title 5, M.R.S.A., §§ 4551
et
				  seq
., as amended by P.L. 1983 c. 578, the Maine Human Rights
				  Commission and the Commissioner of Education adopt this rule designed to assure
				  nondiscrimination on the basis of sex in the educational institutions of the
				  State of Maine.
B.
Effect
This rule shall be accorded the full force and effect of
				  interpretative administrative regulations.
C.
Construction
(1) Consistent with the public policy
				underlying the Maine Human Rights Act, this rule shall be liberally construed
				to accomplish the purposes of the governing legislation.
(2) Should any provision or the application
				of any provision of this rule to any educational institution, be held invalid,
				such invalidity shall not affect other provisions or applications which can be
				given effect without the invalid provision or its application.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-02 - DEFINITIONS

Current through 2024-29, July 17, 2024
All terms used in this rule, unless the context otherwise
				  indicates, shall have the same meaning as in the Maine Human Rights Act, Title
				  5, M.R.S.A. §§ 4551,
et seq
., and applicable
				  provisions of Title 20-A.
A.
Commission
: "Commission" shall mean the Maine Human Rights
				Commission.
B.
Educational
				institution
: "Educational institution" shall mean any public school or
				educational program, any public post-secondary institution, and any private
				school or educational program approved for tuition purposes if both male and
				female students are admitted, and the governing body of each such school or
				program. The governing body shall include, as appropriate, school committees,
				boards of directors of school administrative units, cooperative boards of
				vocational regions, the boards of trustees of the University of Maine and Maine
				maritime Academy, the State Board of Education for the vocational-technical
				institutes, the Commissioner of Education for schools in the unorganized
				territory and the Governor Baxter School for the Deaf, and boards of trustees
				or directors of private schools.
C.
Unlawful educational discrimination
: "Unlawful educational
				discrimination" shall mean action on the basis of sex to:
(1) Exclude a person from participation in,
				deny a person the benefits of, or subject a person to, discrimination in any
				academic extracurricular, research, occupational training or other program or
				activity;
(2) Deny a person equal
				opportunity in athletic programs;
(3) Apply any rule concerning the actual or
				potential family or marital status of a person or to exclude any person from
				any program or activity because of pregnancy or related conditions;
(4) Deny admission to the institution or
				program or to fail to provide equal access to and information about an
				institution or program through recruitment; or
(5) Deny financial assistance availability
				and opportunity.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-03 - GENERAL REQUIREMENT OF NONDISCRIMINATION

Current through 2024-29, July 17, 2024
A.
Nondiscrimination
The right to freedom from discrimination on the basis of sex
				  in public and publicly supported educational institutions is recognized and
				  declared to be a civil right. This right includes the opportunity for an
				  individual at an educational institution to participate in all academic and
				  extra-curricular programs and related activities without discrimination on the
				  basis of sex.
B.
Affirmative Action
Remedial action which results in preferential treatment of
				  one sex, undertaken pursuant to court order or a formal consent decree or
				  settlement as the result of action by an authorized federal or state agency,
				  shall not be unlawful educational discrimination for purposes of the
				  Act.
Affirmative action resulting in preferential treatment of one
				  sex, if undertaken pursuant to an affirmative action plan adopted by the
				  governing body of the institution, shall be deemed not to be unlawful
				  educational discrimination under the Act. Such affirmative action plans may be
				  adopted in the absence of a finding of unlawful educational discrimination to
				  overcome the effects of conditions of the past which have resulted in limited
				  participation by persons of one sex and may involve special recruitment,
				  counseling and other efforts to encourage the participation of members of that
				  sex in programs or activities traditionally entered by the opposite sex.
				  Neither sex can be entirely excluded from any activity by such affirmative
				  action efforts. Nothing in this section, however, shall limit the ability of an
				  educational institution to sponsor a single sex team in interscholastic or
				  intercollegiate athletic competitions in compliance with §
				  4.11(C).
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-04 - ADMISSIONS

Current through 2024-29, July 17, 2024
A.
General
No person shall, on the basis of sex, be denied admission, or
				  be subjected to discrimination in admission by any educational institution to
				  which the Act applies.
B.
Specific Prohibitions
(1) In
				determining whether a person satisfies any policy or criterion for admission,
				or in making any offer or referral of admission, a educational institution
				shall not:
a. Give preference to one person
				over another on the basis of sex, by ranking applicants separately on such
				basis, or otherwise;
b. Apply
				numerical limitations upon the number or proportion of persons of either sex
				who may be admitted; or
c.
				Otherwise treat one individual differently from another on the basis of
				sex.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-05 - RECRUITMENT

Current through 2024-29, July 17, 2024
An educational institution shall not discriminate on the
				  basis of sex in the recruitment of students. Written materials or recruitment
				  activities used by an educational institution to recruit students shall not
				  contain references suggesting the predominance of one sex or preference for one
				  sex.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-06 - ACADEMIC PROGRAMS

Current through 2024-29, July 17, 2024
A.
Availability of Programs and Courses
Each and every academic program and course offered by an
				  educational institution shall be open and available to students regardless of
				  sex. Nothing herein shall be construed to prohibit the use of prerequisites
				  that have been demonstrated to be essential to success in a given program or
				  course. However, if participation in a program or course is dependent upon
				  completion of a prerequisite which was previously limited to students of one
				  sex, then all members of the previously excluded group shall be given the
				  opportunity to acquire the prerequisites or be allowed to enter the program or
				  course without such prerequisites. If it cannot be shown that a prerequisite is
				  essential to success in a given program or course, the prerequisite shall be
				  abolished.
B.
Required Courses
The determination of what courses are required of any student
				  shall be made without regard to sex.
C.
Scheduling of Classes
The scheduling of students into classes shall not be done on
				  the basis of sex, except as authorized in sections 4.09 and 4.18.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-07 - VOCATIONAL PROGRAMS

Current through 2024-29, July 17, 2024
The assignment of students into vocational programs or
				  courses, including cooperative education, apprenticeships or on-the-job
				  training sites, shall not be done on the basis of sex. Each educational
				  institution shall require cooperating employers, vocational trainers, and
				  special contractors to pledge that opportunities will not be restricted on the
				  basis of sex. Where there is reasonable evidence of discrimination on the basis
				  of sex, responsible officials of the educational institution shall take
				  appropriate corrective action, including, but not limited to, terminating the
				  relationship with the outside person.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-08 - PHYSICAL EDUCATION

Current through 2024-29, July 17, 2024
A.
Assignments
The assignment of students to physical education courses
				  shall not be done on the basis of sex. This section does not prohibit the
				  grouping of students in physical education classes by ability as assessed by
				  objective standards of individual performance developed and applied without
				  regard to sex.
B.
Effective Date
With respect to physical education courses at the secondary
				  and postsecondary levels, the educational institution shall comply fully with
				  this section as expeditiously as possible but in no event later than January 1,
				  1985.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-09 - HUMAN SEXUALITY

Current through 2024-29, July 17, 2024
Portions of courses in elementary and secondary schools which
				  exclusively treat the topic of human sexuality may be conducted in separate
				  sessions for boys and girls.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-10 - VOCAL INSTRUCTION

Current through 2024-29, July 17, 2024
Educational institutions may establish standards for
				  participation based on vocal range or quality which result in a chorus or
				  choruses of one sex so long as comparable alternative vocal musical
				  opportunities are available to students of the opposite sex.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-12 - COUNSELING

Current through 2024-29, July 17, 2024
A.
Counseling
An educational institution shall not discriminate against any
				  person on the basis of sex in the counseling or guidance of students or
				  applicants.
B.
Use of
				Appraisal and Counseling Materials
An educational institution which uses testing or other
				  materials for appraising or counseling students shall not use different
				  materials for students on the basis of their sex or use materials which permit
				  or require different treatment of students on such basis unless such different
				  materials cover the same occupations and interest areas and the use of such
				  different materials would encourage members of one sex to enter programs or
				  activities which are traditionally entered by the opposite
				  sex.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-13 - COMPARABLE FACILITIES

Current through 2024-29, July 17, 2024
An educational institution may provide separate toilet,
				  locker room, and shower facilities on the basis of sex, but such facilities
				  provided for students of one sex shall be comparable to such facilities
				  provided for students of the other sex.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-14 - HOUSING

Current through 2024-29, July 17, 2024
A.
Generally
An educational institution shall not, on the basis of sex,
				  apply different rules or regulations, impose different fees or requirements, or
				  offer different services or benefits related to housing, except as provided in
				  this section (including housing provided only to married students).
B.
Separate Housing
				Facilities
An educational institution may provide separate housing on
				  the basis of sex. However, housing provided by an educational institution to
				  students of one sex, when compared to that provided to students of the other
				  sex, shall be as a whole:
(1)
				Proportionate in quantity to the number of students of that sex applying for
				such housing, and
(2) Comparable in
				quality and cost to the student.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-15 - FINANCIAL ASSISTANCE

Current through 2024-29, July 17, 2024
A.
General
Except as provided in subsections B and C of this section, an
				  educational institution, in providing financial assistance to any of its
				  students shall not:
(1) On the basis
				of sex, provide different amount of types of such assistance, limit eligibility
				for such assistance which is of any particular type or source, apply different
				criteria, or otherwise discriminate;
(2) Apply any rule concerning eligibility for
				such assistance which treats persons of one sex differently from persons of the
				other sex with regard to marital or parental status.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-16 - EMPLOYMENT ASSISTANCE TO STUDENTS

Current through 2024-29, July 17, 2024
A.
Assistance by Educational Institution in Making Available Outside
				Employment
An educational institution which assists any agency,
				  organization, business or person in making employment available to any of its
				  students shall meet the following:
(1)
				It shall take reasonable steps to assure that such employment is made available
				without discrimination on the basis of sex; and
(2) It shall not render such services to any
				agency, organization, business or person which discriminates on the basis of
				sex in its employment practices; and shall issue that any employment
				recruitment activities are offered to both male and female students in a
				non-discriminatory manner.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-17 - HEALTH AND INSURANCE BENEFITS AND SERVICES

Current through 2024-29, July 17, 2024
In providing a medical, hospital, accident, or life insurance
				  benefit, service, policy, or plan to any of its students, an educational
				  institution shall not discriminate on the basis of sex, or provide such
				  benefit, service, policy, or plan in a manner which would constitute
				  discrimination on the basis of sex.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-18 - MARITAL OR PARENTAL STATUS

Current through 2024-29, July 17, 2024
An educational institution shall not establish or implement
				  any policy concerning a student's actual or potential parental, family, or
				  marital status which treats students differently on the basis of sex.
B.
Pregnancy and Related
				Conditions
(1) An educational
				institution shall not unlawfully discriminate against any student, or exclude
				any student from any program or course activity on the basis of such student's
				pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery
				therefrom.
(2) An educational
				institution may require such a student to obtain the certification of a
				physician that the student is able to continue participation in the regularly
				scheduled program, course or activity so long as such a certification is
				required of all students for other conditions which may require the attention
				of a physician.
(3) An educational
				institution which operates a portion of its programs or activities separately
				for pregnant students, admission to which is voluntary on the part of the
				student as provided in paragraph (b) (1) of this section, shall ensure that the
				separate instruction is comparable to that offered to other students.
(4) An educational institution shall treat
				pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery
				therefrom in the same manner and under the same policies as any other temporary
				disability with respect to any medical or hospital benefit service, plan, or
				policy which such educational institution administers, operates, offers, or
				participates in with respect to students admitted to the institution's
				educational programs.
(5) In the
				case of an educational institution which does not maintain a leave policy for
				its students, or in the case of a student who does not otherwise qualify for
				leave under such a policy, an educational institution shall treat pregnancy,
				childbirth, false pregnancy, termination of pregnancy and recovery therefrom as
				a justification for a leave of absence for so long a period of time as is
				deemed medically necessary by the student's physician, at the conclusion of
				which the student shall be reinstated to the status which she held when the
				leave began.
Public schools, however, shall excuse students who are
				  disabled by pregnancy, as an excusable absence pursuant to Title 20-A, section
				  5001-A(4).
(6) Nothing in
				this rule shall prevent a school from providing educational programs/courses
				and related activities separately to pregnant students, who, with the consent
				of their parents, request to be excused from regular programs and
				activities.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-19 - SEXUAL HARASSMENT

Current through 2024-29, July 17, 2024
Harassment on the basis of sex shall be unlawful educational
				  discrimination within the meaning of Title 5, § 4602. This shall include
				  unwelcome sexual advances, requests for sexual favors and other verbal or
				  physical conduct of a sexual nature in the following situations:
(1) Submission to such conduct is made either
				explicitly or implicitly a term or condition of a student's educational
				benefits;
(2) Submission to or
				rejection of such conduct by a student is used as the basis for decisions on
				educational benefits;
(3) Such
				conduct has the purpose or effect of substantially interfering with an
				individual's academic performance or creating an intimidating, hostile or
				offensive educational environment.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-20 - EXCLUSIONS

Current through 2024-29, July 17, 2024
A.
Social Fraternities and
				Sororities
This rule does not apply to the membership practices of
				  social fraternities and sororities which are exempt from taxation under Section
				  501(a) of the Internal Revenue Code of 1954, the active membership of which
				  consists of students at institutions of higher education.
B.
Special Occasions or Events
This rule does not prohibit the occasional holding of special
				  events organized for members of one sex, such as father-son, mother-daughter
				  dinners.
C.
Single
				Sex Organizations
This rule does not prohibit the single-sex membership
				  practices of The Girl Scouts, Boy Scouts, Young Men's Christian Association,
				  Young Women's Christian Association, Boys State, Girls State, or other such
				  groups which may use the facilities of the educational institution.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-A-01 - GENERALLY

Current through 2024-29, July 17, 2024
Pursuant to
				  5 M.R.S.A. §4603
				  the Maine Human Rights Commission and the Commissioner of Education adopt this
				  rule as a companion procedural rule to Chapter 4 on Equal Educational
				  Opportunity. This rule shall govern the procedure to be followed in processing
				  claims of unlawful educational discrimination filed with the
				  Commission.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-A-02 - DEFINITIONS

Current through 2024-29, July 17, 2024
All terms used in this rule, unless the context otherwise
				  indicates, shall have the same definition as in the Maine Human Rights Act,
				  5 M.R.S.A.
				  §§4551,
et seq
.
				  (the Act), and applicable provisions of Title 20-A, Maine Revised
				  Statutes.
A. Commission: "Commission"
				shall mean the Maine Human Rights Commission.
B. Educational Institution: "Educational
				institution" shall mean any public school or educational program, any public
				postsecondary institution, including the University of Maine System and the
				Maine Maritime Academy, and any private school or educational program approved
				for tuition purposes if both male and female students are admitted, and the
				governing body of each such school program. The governing body shall include,
				but not be limited to, school committees, boards of directors, regional boards
				of vocational regions, the boards of trustees of the University of Maine System
				and Maine Maritime Academy, the State Board of Education for the vocational
				technical institutes, the Commissioner of Education for schools in the
				unorganized territory and the Governor Baxter School for the Deaf and the board
				of trustees or directors of private schools or programs.
C. Unlawful educational discrimination:
				"Unlawful educational discrimination" shall mean action on the basis of sex to:
(1) Exclude a person from participation in,
				deny a person the benefits of, or subject a person to, discrimination in any
				academic extracurricular, research, occupational training or other program or
				activity;
(2) Deny a person equal
				opportunity in athletic programs;
(3) Apply any rule concerning the actual or
				potential family or marital status of a person or to exclude any person from
				any program or activity because of pregnancy or related conditions;
(4) Deny admission to the institution or
				program or to fail to provide equal access to and information about an
				institution or program through recruitment; or
(5) Deny financial assistance availability
				and opportunity.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-A-03 - COMPLAINTS

Current through 2024-29, July 17, 2024
A. Who May File
(1) Any person who believes that he/she has
				been subjected to unlawful educational discrimination may file a complaint with
				the Maine Human Rights Commission (the Commission).
Where the complainant is a minor or legally incompetent
				  person, the complaint shall be filed by her/his parent or legal guardian or, if
				  none, by the adult with whom the complainant resides and who exercises parental
				  responsibilities.
(2) Any
				employee of the Commission may file a complaint with the Commission alleging an
				act or practice of unlawful educational discrimination.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-A-04 - NOTIFICATION

Current through 2024-29, July 17, 2024
Whenever a complaint has been filed, pre-screened, notarized,
				  and assigned a case number, the educational institution against which the
				  complaint has been filed, referred to hereafter as the respondent, will be
				  notified and provided with a copy of the complaint. Notification shall be given
				  to the chair of the educational institution's governing board and the chief
				  administrative officer of the educational institution. The complainant will be
				  provided with a copy of the notification. The notice will advise the parties of
				  time limits applicable to complaint processing under this chapter and of the
				  procedural rights and obligations of the parties under the Act and this
				  chapter. The notice will advise the parties of the complainant's right to
				  commence a civil action in the Superior Court. The notice will advise the
				  respondent that it is unlawful to discriminate against any person because the
				  person made a complaint or testified, assisted, or participated in an
				  investigation, proceeding, or hearing under the Act. The Commissioner of
				  Education shall also receive notice of any allegations of unlawful educational
				  discrimination in all public schools and programs and in private schools and
				  programs approved for tuition purposes.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-A-05 - REFERRAL TO LOCAL GRIEVANCE PROCEDURES

Current through 2024-29, July 17, 2024
A. Referral
				for Action Through Local Grievance Procedure
The Commission and its representatives shall refer complaints
				  to the respondent educational institution for ten (10) days to enable the
				  grievance procedure established by the educational institution to review the
				  complaint and resolve the matter with the complainant, prior to investigatory
				  action or settlement discussions by the Commission or its
				  representatives.
B.
				Exceptions
The Commission is not required to refer any complaint where
				  the educational institution has not established a grievance procedure or where
				  the complaint alleges sexual harassment by a member of the educational
				  institution.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-A-06 - EARLY RESOLUTION SETTLEMENT

Current through 2024-29, July 17, 2024
A. Settlement
				Discussion
After notification and prior to a determination of whether
				  there are reasonable grounds to believe that unlawful educational
				  discrimination has occurred, the Commission's Compliance Officer or her/his
				  designee will engage in a settlement discussion. The Compliance Officer will
				  encourage written agreements between the parties to resolve the matter.
B. Early Resolution
Prior to a determination by the Commission of whether there
				  are reasonable grounds to believe that unlawful discrimination has occurred, if
				  the matter is resolved to the mutual satisfaction of the complainant and
				  respondent and to the satisfaction of the Commission's Executive Director or
				  her/his designee, the Executive Director or her/his designee shall have the
				  authority to sign any settlement agreement on behalf of the Commission,
				  together with the parties. When the Commission agrees in any negotiated
				  settlement not to process that complaint further, the Commission's agreement
				  shall be in consideration for the promises made by the other parties to the
				  agreement. The complaint will be dismissed by the Executive Director or her/his
				  designee upon ascertainment that the terms of the agreement have been
				  met.
B-1. In the
				alternative, the Commission's Compliance Officer or her/his designee may
				facilitate a settlement between the parties resulting in the withdrawal of the
				complaint pursuant to 4-A.03(G).
C.
				Confidentiality
The content of these predetermination discussions and any
				  final settlement agreement are confidential and may not be disclosed, or used
				  in any subsequent civil or criminal proceeding, without the written consent of
				  the parties, except in a civil action filed by one party alleging a breach of
				  the settlement agreement. Notwithstanding this provision, the Commission and
				  its employees have discretion to disclose such information to a party as is
				  reasonably necessary to facilitate settlement.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-A-07-A - COMMISSION MEETING

Current through 2024-29, July 17, 2024
The Commission may allow the parties and the Commissioner of
				  Education to make an oral presentation on information related to the complaint
				  of discrimination at a monthly Commission meeting. Information presented must
				  comply with 4-A.07(G). The Commission may impose time limits.