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: [PL 2021, c. 733, §2 (NEW).]
1. Affirmative consent. An explanation of affirmative consent as it applies to sexual activity and sexual relationships;

[PL 2021, c. 733, §2 (NEW).]

Terms Used In Maine Revised Statutes Title 20-A Sec. 12987

  • Affirmative consent: means consent to sexual activity that can be revoked at any time. See Maine Revised Statutes Title 20-A Sec. 12981
  • 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. See Maine Revised Statutes Title 20-A Sec. 12981
  • 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. See Maine Revised Statutes Title 20-A Sec. 12981
  • Sexual violence: means conduct that constitutes:
A. See Maine Revised Statutes Title 20-A Sec. 12981
  • Stalking: means conduct that constitutes the crime of stalking under Title 17?A, section 210?A. See Maine Revised Statutes Title 20-A Sec. 12981
  • 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. See Maine Revised Statutes Title 20-A Sec. 12981
  • 2. Affirmative consent; drugs and alcohol. The role drugs and alcohol play in an individual’s ability to provide affirmative consent;

    [PL 2021, c. 733, §2 (NEW).]

    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;

    [PL 2021, c. 733, §2 (NEW).]

    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;

    [PL 2021, c. 733, §2 (NEW).]

    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;

    [PL 2021, c. 733, §2 (NEW).]

    6. Bystander intervention and risk reduction. Strategies for bystander intervention and risk reduction;

    [PL 2021, c. 733, §2 (NEW).]

    7. Ongoing prevention and awareness. Opportunities for ongoing sexual violence, intimate partner violence and stalking prevention and awareness programming, including through ongoing campaigns; and

    [PL 2021, c. 733, §2 (NEW).]

    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 not limited to people of color, people with disabilities and lesbian, gay, bisexual and transgender people.

    [PL 2021, c. 733, §2 (NEW).]

    SECTION HISTORY

    PL 2021, c. 733, §2 (NEW).