Sexual Assault Incident Protocol
Sexual assault is a criminal offense, and a violation of the University of Maine System Student Conduct Code. It is essential that incidents of sexual assault and sexual harassment be reported to a University official and that all reports of sexual assault and sexual harassment be treated seriously, consistent with University policies and procedures while respecting the rights of complainants and respondents. This guide is designed to assist faculty and staff in providing the best possible support to complainants and respondents. Please, note that throughout this document a complainant may refer to a student, faculty or staff member filing allegations of sexual assault or harassment by a student.
Definitions:
The University of Maine at Machias accepts the following definitions of sexual assault and sexual harassment:
Sexual Assault refers to any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the complainant is incapable of giving consent. Sexual assault includes forced physical contact of a sexual nature including the unwanted touching, directly or through clothing, of an intimate part of another person such as a sexual organ, buttocks or breast with one's body or an object for the purpose of arousing or gratifying one's own sexual desire or for the purpose of causing physical or emotional harm.. It may include (but does not require) forced anal intercourse (sodomy), forced oral sex, or forced penetration of genital or anal openings. Forced contact may include physical violence, physical coercion, threat of physical harm to the complainant or the intentional use of substances to create a vulnerable complainant (ie the use of GHB). It is also important to note the following:
- Sexual assault is considered such, regardless of whether or not the individual involved are strangers, friends, intimate partners or otherwise known to one another prior to the incident.
- The absence of consent may constitute sexual assault if the individual is unconscious, physically incapacitated, mental disability or unable to offer consent due to the respondent administering drugs or other means to coerce the individual.
- Consent to one type of sexual contact does not mean consent to other types of sexual contact during the same or subsequent encounters.
- Consent to sexual contact on one occasion does not provide consent on subsequent occasions.
Sexual Harassment According to University of Maine System Policy 402 "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education.;
2. submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or
3. such conduct has the purpose or effect of interfering with an individual's academic or work performance or creating an intimidating, hostile or offensive employment, educational, or living environment."
Responding To Reports:
One of the goals of any service provider (counselor, police, etc.), is to help the sexual assault or sexual harassment complainant to take back control of and responsibility for her/his life. The complainant may be feeling a profound sense of helplessness. It is important for those assisting complainants to begin helping the complainant to reclaim their own strength and self confidence. For this reason, it is critical to empower a sexual assault or harassment complainant to make her/his own decisions and choices following an alleged incident as much as possible. The understandable urge to try to make decisions for the complainant can do more harm than good. Making decisions for the complainant would continue to disempowering them, thus robbing them further of their self confidence and dignity
When responding to a report of sexual assault, it is important to remember that you are responding to an alleged crime. In order to preserve evidence, secure the scene as best as possible utilizing campus security, or other staff already involved in the situation before moving forward in responding to the complaint. This should occur as soon as possible. Also ask the complainant to avoid washing, urinating, showering, gargling, brushing teeth, douching or cleaning up anything from which evidence may be present. While they may have a strong urge to clean up from the crime, it is important that they recognize that preservation of evidence is more likely to result in successful prosecution, should they choose to seek criminal charges. All evidence should be protected and preserved as much as possible as the complainant contemplates their options.
It may also be in the complainant's best interest for psychological reasons, as well as for the sake of preserving evidence, to meet away from the crime scene. If the alleged assault occurred on campus, it is helpful to close off the crime scene to any other individuals in order to preserve possible evidence. In doing so, the complainant need not decide to involve police at that very moment. If the assault occurred on campus, it is best to utilize security or residence life staff to secure the scene. It may also be helpful to be mindful of location when meeting with complainants of sexual harassment, although evidence may be less critical in these situations.
As the complainant of sexual assault is offered their options regarding services and actions, it is also important to inform them of the advantages of completing a medical examination as soon as possible. This will help to protect them from possible pregnancy and STD infection while also offering the complainant the opportunity to allow professionals to gather possible evidence of the alleged crime. The local hospital or private M.D. can provide medical examinations and treatment for injury, sexually transmitted diseases, pregnancy testing and prevention, and for the collection of legal evidence. A complainant may complete an evidentiary examination without filing formal criminal charges or placing identifying information with the evidence collected. This evidence may be gathered and kept for up to 90 days at the local police department.
Activating Campus Supports
Students, faculty and staff may file a complaint of sexual assault through campus Security, Residence Life Staff, The Office of Student Life or through other faculty or staff with assistance from these campus representatives. Staff and faculty receiving notice of an alleged sexual assault against a student, faculty or staff member are encouraged to contact the Office of Student Life for consultation. The Resident Directors are also available for assistance at 255- 1248 (cell phone 263-4371) or 255-1435 (cell phone 263-4205), depending on the complainant's preference. When the complainant is a faculty or staff member, they may also choose to contact their supervisor for support in initiated campus investigation or in obtaining support. Resident Directors or other faculty or staff are encouraged to contact Downeast Sexual Assault Services at 1(800) 228-2470. Please, note that while the majority of information conveyed to mental health and other health professionals is protected as privileged communication, these laws do not protect communication to other University Staff members. As such, Residence Life and other University faculty and staff cannot guarantee confidentiality, as they may in some circumstance be required to pursue action in the best interest of not only the complainant, but the University community, as well.
If a resident assistant (RA) becomes aware of a sexual assault, they must make the complainant aware that they must report the incident to the Director on Duty (DOD) and disclose their name so as to obtain appropriate assistance in helping the complainant. Complainants should be informed that while Residence Life Staff will take steps to protect the complainants privacy, they cannot guarantee confidentiality, as there are some circumstances in which they will be required by law to pursue some level of action to protect not only the complainant, but other members of the University Community as well. Once contacted, the DOD will contact Downeast Sexual Assault Services.
Once a representative of Downeast Sexual Assault Services has arrived on campus, the complainant should be made aware that this individual is available to provide support to staff, without being given identifying information, or to be able to meet directly with the complainant to provide confidential clinical support and guidance. Should the complainant choose to meet with a representative of Downeast Sexual Assault Services, they may obtain emotional support, assistance determining possible options, information about available resources and actions and follow-up. Direct assistance may also include crisis counseling, referrals, aid in seeking legal advice, medical treatment, family crisis management, help advocating for any necessary accommodations to facilitate the healing processing including possible residential or academic considerations due to immediate or on-going emotional distress relating to this trauma.
As is required by the Clery Act, Campus Security must be notified of a sexual assault and other violent crimes occurring on campus as soon as it is practical that are reported to University staff, with the exception of licensed mental health and medical professionals. Names or other identifying information should not be offered without the explicit consent of the complainant, unless doing so would create a risk to the campus community or complainant. General information regarding crimes on campus is compiled annually, and posted within the Annual Safety Report, in compliance with the Clery Act. This report does not include specific information. Information should be reported utilizing the Sexual Assault Incident Report Form (Appendix A). Staff may make a report to the Security Officer on Duty or contact local police to file a criminal complaint. Police will only be called if the complainant chooses to initiate a formal criminal investigation.
The DOD or other faculty or staff will also contact the Director of Student Life as soon as is practical, to inform them of the incident. However, identifying information will not be released unless the complainant is agreeable to having this information shared with the Director of Student Life, with the exception being those situations which create a risk to the complainant or general University Community as set forth in the section entitled "University Investigations and Complaints". The purpose of informing the Director of Student Life, is to ensure staff are attentive to all notable safety concerns involving the complainant, respondent, staff and other community members. If deemed necessary, The Director of Student Life may initiate a meeting of the campus crisis team to address any community safety concerns.
Complaints regarding alleged incidents of sexual harassment involving University Faculty or Staff should be directed to Equal Opportunity Officer in the President's Office in Powers Hall or by calling 255-1211. Complaints of sexual harassment involving students would be filed through the Judicial Officer in Student Life. This also includes if the complainant is a faculty or staff member reporting alleged harassment by a student.
University Investigations and Complaints:
The University will investigate, file a formal complaint, and/or administer sanctions regarding the occurrence of a sexual assault or sexual harassment by one of its students, only with permission of the student who has been assaulted or harassed except when there is danger to one or more members of the University community because of a respondent or respondents, or when the complaint is against a faculty or staff member. Under these circumstances, the University is obligated to pursue actions to protect the welfare of the University community. Complainants and their respondents are both entitled to the same opportunity to obtain support from an advisor, which may include, but does not need to be legal counsel. Complainants are also entitled to be informed of the outcome of any student judicial hearings, including whether a violation has occurred and what sanctions were imposed, if any, pertaining to their complaint.
In instances in which a student alleges an assault or harassment by a faculty or staff member, judicial complaints should be filed with the EEO Officer. A formal complaint will activate a formal investigation by this officer to determine if the faculty or staff member violated University policy. These findings will be reported to the complainant, the respondent and the responsible administrator. The administrator is then responsible for determining and activating any corrective or disciplinary actions.
Optional Actions and Support Services
A complainant is likely to be very overwhelmed emotionally following an alleged assault or harassment situation. Therefore, it is critical that they be offered information regarding their options. This is true regardless of whether the alleged assault being reported occurred 2 minutes, 2 hours or 2 years ago. Staff should remember to empower the complainant to decide their own course of action. As "knowledge is power", be sure to offer as much information as the complainant can tolerate, so they may make an informed decision.
When in doubt, a representative from Downeast Sexual Assault Services may be utilized for consultation without needing to report specific details or identifying information about the complainant or respondent. The following options and services need to be fully explained so that the complainant can make an informed decision.
University Based Services and Supports
The following University departments may be of assistance to complainants of sexual assault or sexual harassment. Complainants should be made aware of these services, but encouraged to decide for themselves what would be most helpful for them:
UMM Counseling Center , Torrey 29, extension 1233: The Counseling Center may provide immediate crisis support following the incident, and on-going counseling for students to address the emotional trauma and recovery process. Services may also include referrals to community services for assistance with legal and medical issues, and assistance advocating with faculty and staff for any necessary accommodations relating to one's response to the trauma of sexual assault.
UMM Health Center, 115 Dorward Hall, extension 1275: Service may include medical assistance and referral for the recovery of evidence, testing and treatment of sexual transmitted diseases and/or referral to a physician for emergency birth control.
Student Life, Dorward Hall, extension 1305: Student Life can assist in making accommodations to students' academic schedule or housing arrangements whenever reasonably available if they are requested following a report of a sexual assault or sexual harassment situation. They are also available for support of students or to provide a referral to support services on campus or in the community.
Conduct Committee, Student Life Office, extension 1305: When a complainant identifies the respondent as another student, they may file a complaint of an alleged violation of the student conduct code, without filing a formal criminal complaint. This will result in an on campus investigation, and possible conduct sanctions up to and including dismissal. Sanctions vary and may include removal from residence halls, requirements of professional assessment and/or intervention, or community service. Note that all accused students are entitled to a fair investigation into complaints
Campus Security, basement of Kimball Hall, extension 1450, cell 263-9315: In instances of alleged sexual assault, Security can provide immediate assistance to secure the crime scene or address immediate safety concerns while awaiting police, should the complainant choose to involve them. Security also provides escort services to any students for additional protection while traveling across campus.
Equal Opportunity Office, Powers hall, extension 1211: When a student identifies the respondent of an assault or harassment as a faculty or staff member, complaints should be filed with this office. Filing a complaint will initiate an investigation which may result in action on the part of administration to activate a corrective or disciplinary action up to and including termination of employment. This professional can also assist in referring students to other support services if needed.
Initiating Judicial and Criminal Complaints
Security may assist in addressing any immediate safety issues on campus, however, Security will allow the complainant to determine whether to pursue any action on or off campus, unless failure to do so would create a risk to the complainant or any other member of the University community. Campus Security can assist the complainant in filing conduct violations, contacting police to file criminal charges, securing the scene pending investigations or by providing escort service to the complainant to enhance safety. Security has completed first responder sexual assault training within Washington County and is equipped to assist the complainant according to the complainant's decision regarding possible pursuit of disciplinary or criminal charges.
In instances of alleged sexual assault, a decision to press charges does not have to be made immediately, however, by initiating police involvement and pursuing medical examination right away, successful prosecution of the respondent is far more likely should the complainant choose to pursue charges at some point in the future. If the sexual assault complainant does wish to obtain police involvement, an officer may be dispatched by calling 911. Staff may obtain assistance from security first or contact police directly.
It is important to inform the complainant that officers are trained to respond to sexual assault to be sensitive to the nature of the event, considerate of the complainant's right to privacy, respectful of their right to refuse further services and to provide assistance and support. The protocol for police has been created by a team of professionals within the criminal justice and counseling fields referred to as the local Sexual Assault Response Team. This team also provides officers training in this area. Once on the scene, the officer will secure the scene to preserve evidence, explain the police and medical procedures to the complainant and, if requested, transport the complainant to the Down East Community Hospital (DECH). The emergency room is equipped to perform medical exams for legal purposes, especially if there is a possibility that the complainant may choose to prosecute.
The Director on Duty will remain available to accompany the complainant to the hospital or provide transportation, should they choose to have this person present.
Seeking Medical Assistance
Complainants of sexual assault should be informed of the advantages of a medical examination even if she/he decides not to report to the police, or to pursue criminal charges. The local hospital or private M.D. can provide medical examinations for injury, sexually transmitted diseases, pregnancy, and for the collection of legal evidence.
Health Care Choices
Evidentiary Exam: This is a physical exam that includes care for any injuries, tests for sexually transmitted disease (STD), and the use of a "rape kit" to collect physical evidence which is needed if you decide to pursue criminal action. If complainants are at all undecided about criminal action, the evidentiary exam is strongly recommended. Doing so immediately following the assault is more likely to assist with a successful prosecution, should the complainant decide to file charges at a later date. This evidence may remain stored with local police as an anonymous kit for up to 90 days. The complainant has the right to complete as much or as little of the exam as they are comfortable with.
Basic Physical Exam: Complainants that have been sexually assaulted vaginally, anally, or orally but choose not to undergo an evidentiary examination, are strongly recommended to minimally complete a physical exam to protect their health. Such an exam does not involve the collection of physical evidence needed for prosecution nor use staff ready to testify in court. Explain to the complainant that a physical exam is likely to include testing and treatment for sexually transmitted diseases, especially those that may not show symptoms and could lead to further health complications including, but not limited to infertility. This exam may also include testing for pregnancy if appropriate and treatment for any minor injuries. Complainants can be examined and tested whether the assault occurred the same day or months ago. Some providers may offer the option of a "morning after" pill if the sexual assault occurred within 72 hours of the examination. This treatment will prevent potential pregnancies from occurring.
If requested by the complainant, support is available throughout the evidentiary examination. Other Medical staff, a volunteer advocate from Down East Sexual Assault Services or The Director of Counseling may provide support at the medical center when requested.
Obtaining Emotional Support
On Campus
Counseling is available for confidential short-term and crisis counseling for all students, residential or commuter. Psychiatric referrals are also available. Information cannot be shared with any outside party including parents, faculty/staff, or any other third party without written consent. There are some exceptions to this such as situations regarding serious risks of harm to self or others or litigation issues. Limits to confidentiality and other service issues will be discussed upon the start of services. In instances of sexual assault or harassment involving faculty or staff as the complainants, the Counselor may serve as a consultant, but may not provide on-going counseling services. The Counselor may assist as crisis response and in providing referrals to community services in these instances.
Off campus
Downeast Sexual Assault Services offers crisis counseling (1-800-228-2470) for complainants of sexual assault. Support is available via their hotline 24 hours a day, everyday. They also provide self help groups, information and referrals and community education.
See Appendix B for a complete list of the campus and community resources available to assist in the case of sexual assault.
Filing Campus Violations
The complainant may request that the college investigate the incident to see if disciplinary action should be taken against the respondent. In cases in which the respondent is another student, the complainant may file allegations of a violation of the conduct code through Residence or Student Life Staff. If the University has notice that a sexual assault or sexual harassment has occurred, the University will be obligated by law and University Policy to pursue an investigation of alleged sexual assaults or other violent crimes and sexual harassment in certain circumstances. Due process for the respondent and respect for the complainant must be provided for in the investigation as well as in any hearing.
The accused student, or respondent, will have access to due process as outlined in the Student Conduct Code. Support services will be made available through the Director of Student Life's Office. Recognizing the inadvisability of a counselor working simultaneously with the complainant and accused, support may be provided by staff or faculty other than the Director of Counseling. During the hearing(s) both complainants and respondents may be accompanied by an advisor.
In addition, the college may pursue temporary sanctions to enhance the safety of the complainant and surrounding community. This may include having the respondent removed and/or banned from campus pending further investigation. Ideally this should occur with the explicit consent or request from the complainant. However, should the complainant decline pursuit of sanctions against the respondent, but the Crisis Team determines that the absence of such action would create significant risk to the campus community, the crisis team should be convened to discuss possible resolutions to ensure respect of the complainant and the maintenance of a safe campus community. Again, this decision should be made following deliberation and consultation of the Crisis Team, giving the complainant the opportunity to speak to the team or to remain anonymous. Complainants should be informed of this possibility when deciding possible actions. Should the Crisis Team feel it necessary to pursue sanctions to enhance safety of the complainant or community, they would file a judicial complaint.
In situations in which a student, faculty or staff member reports an alleged incident of sexual assault or harassment by a faculty or staff member, complaints should be reported to the EEO Officer. This will initiate an investigation with findings to be reported to the complainant, the respondent and the appropriate administrator. The administrator will be responsible for activating corrective or disciplinary sanctions.
Campus Crime Bulletin
If the Campus Crisis Team concludes that a serious threat exists to the campus and surrounding community, it will release a warning to protect the community while preserving the complainants' right to confidentiality. This will be done through a formal notification to the campus community. This might include email notification to all umm or through the posting of campus bulletins.
Pursuing Legal Assistance
Should a complainant choose to seek criminal charges, legal assistance may be available through Victim's Assistance Program or the District Attorney's office. For more information contact Sonia Seeley at the Office of the District Attorney in Machias at 255-4425. The Complainant-Witness Advocate may assist in preparing for court appearance and referral for further legal assistance if needed. Downeast Sexual Assault Services may also provide emotional support to complainants throughout the court process.
Complainants may also pursue protective orders through Pine Tree Legal Services in Machias at 255-8656. This will provide the complainant with legal protection from the respondent.
Follow Up
Once the complainant has determined a course of action, follow up support should be offered within 24-48 hours and again 1 week following the report of the alleged incident. Some complainants may decline immediate assistance directly after the report, but may decide they are in need of support later on. The follow up contact person should be determined based upon the complainant's chosen supports during the initial stages of reporting. Should the complainant choose to remain anonymous to any staff beyond the Director on Duty, the DOD should be responsible for follow up with the complainant utilizing anonymous consultation with the Counselor or Downeast Sexual Assault Services. However, if the student allows the Counselor to become involved in the report, then follow up should be done by this individual.
Follow up should include insuring that the complainant is comfortable with present resources and supports available to them. They should be reminded of the choices available to them regarding emotional supports, medical assistance, on-campus disciplinary actions and possible criminal charges. These options remain available well beyond the initial time of the incident or report. Reviewing these options outside of the initial crisis may lead to different choices by the complainant. Consultation or direct support remains available to complainants and staff through the Counselor at 255-1233 or by contacting Downeast Sexual Assault Services at 1(800) 228-2470.
Prevention and Education
In an effort to reduce the incidents of sexual assaults and harassment on Campus, the University of Maine at Machias will provide educational programming for faculty, staff and students. Sexual Harassment education will be provided to all new employees by the Equal Employment Officer as part of new employee orientation. These programs will be provided as needed, to be determined by number of hires or possibly in response to concerns in specific departments or areas.
Educational Program for students will be provided by Residence Life. Educational programming about sexual assault will also be included in annual trainings for Resident Assistants and new students. These programs will include information about UMM's Sexual Assault Protocols.
This information will also be available in hard copy at the Office of Student Life or on the UMM Website.
(Portions of this were taken from the University of Southern Maine's Sexual Assault Response Service Plan and the Sexual Assault Protocol for Law Enforcement Officers in Hancock and Washington Counties.)
Updated 08/03
Modified 7/6/09
UNIVERSITY OF MAINE AT MACHIAS
APPENDIX B
SEXUAL ASSAULT RESOURCES
STUDENT LIFE OFFICE:
Nichole Cote, Resident Director, 255-1248
Shaun O'Malley, Resident Director, 255-1435
or the Resident Assistants on Duty
Student Life can provide immediate support and response, make arrangements as necessary for emergency services, advise regarding college and community resources, and assist with intervention to increase safety. The Director on Duty can also contact the Director of Counseling during non-business hours when necessary. Student Life will also assist in making any necessary changes to housing assignment and class schedule, as is reasonably available.
UNIVERSITY COUNSELOR:
The Counselor can provide crisis or short-term individual counseling for any student. Services may include referral to sexual assault support services, psychiatric referrals as needed and support in advocating for academic or residential accommodations relating to the complainants recovery process. The services provided by the counseling center are free and confidential.
UMM HEALTH CENTER:
Suzanne Mace, R.N., 255-1275
The University nurse can provide support, make arrangements as necessary for medical services, and offer advise concerning university and community resources. All appointments are confidential.
CAMPUS SECURITY:
Office 255-1450
Cell phone: 263-9315
Campus Security can provide immediate support and response, make arrangements as necessary for emergency services, advise regarding campus and community resources, provide a security officer to escort students throughout campus and intervene to increase safety. Security can also assist in contacting police, should it be decided that criminal charges will be pursued.
EQUAL OPPORTUNITY EMPLOYMENT OFFICE: Betty Kelley, 255-1211
This Officer can assist with incidents in which the respondent is a faculty or staff member of the University. Following a formal complaint the officer would investigate the incident and report findings to the complainant, the respondent and the appropriate administrator.
MACHIAS POLICE DEPARTMENT:
911, or Chief of Police, 255-4033
If requested, the police department will dispatch an officer to the scene. The officer will take a statement and explain the police and medical procedures to the complainant. A decision to press charges does not have to be made at this time.
HOSPITAL EMERGENCY ROOM:
255-3356
The successful prosecution of sexual assault cases often depends on physical evidence collected as soon as possible after the assault. The medical response involves testing for sexually transmitted diseases and pregnancy testing and prevention. To assure the best chances for successful prosecution, if chosen by the complainant, the complainant is advised not to wash or change clothes (if possible) prior to going to the emergency room. The complainant has the right and is advised to take a friend or advocate with them for support during the medical or evidentiary examinations.
DOWNEAST SEXUAL ASSAULT SERVICES:
Ellsworth, 1-800-228-2470
This agency provides 24-hour confidential hotline counseling and referral for complainants of sexual assault immediately after assault or whenever the effects are felt. They can also provide advocates who will assist complainants, as needed; e.g. through medical procedures, court processes. Advocates must complete 40 hours of training for responding to sexual assault.
WASHINGTON COUNTY COMPLAINANT WITNESS ADVOCATE:
Sonia Seeley, 255-4425
Provides information and support for complainants of sexual assault/rape as the case is prosecuted through the court system. Affiliated with the District Attorney's Office.
PHONE HELP:
1-888-568-1112
This 24-hour crisis hotline can provide immediate support, information, and referral to community resources for people who are either complainants themselves or concerned about someone they know.
THE NEXT STEP:
1-800-315-5579
http://www.nextstepdvproject.org/
Intimate Partner Violence - Support, Information, Shelter, and 24-hour hotline.
WARMLINE:
1-800-490-8748
This non-crisis phone line is for persons with mental illness and their families or someone experiencing distress but who is not in crisis. This includes individuals experiencing Post Traumatic Stress Disorder. They may provide support and resource referrals to complainants and those affected by an assault.
