Maine Revised Statutes Title 20-A Sec. 12988 – Training for Title IX coordinators, campus safety personnel and individuals involved in the disciplinary process
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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.
[PL 2021, c. 733, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 12988
- Affirmative consent: means consent to sexual activity that can be revoked at any time. See Maine Revised Statutes Title 20-A Sec. 12981
- Allegation: something that someone says happened.
- 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
- 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. See Maine Revised Statutes Title 20-A Sec. 12981
- 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. See Maine Revised Statutes Title 20-A Sec. 12981
- Sexual violence: means conduct that constitutes:
A. See Maine Revised Statutes Title 20-A Sec. 12981Stalking: means conduct that constitutes the crime of stalking under Title 17?A, section 210?A. See Maine Revised Statutes Title 20-A Sec. 12981 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. 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 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:
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; [PL 2021, c. 733, §2 (NEW).]
B. Information on particular types of conduct that constitute sexual violence, intimate partner violence and stalking; [PL 2021, c. 733, §2 (NEW).]
C. Information on affirmative consent and the role drugs and alcohol may play in an individual’s ability to consent; [PL 2021, c. 733, §2 (NEW).]
D. The effects of trauma, including any neurobiological impact on an individual; [PL 2021, c. 733, §2 (NEW).]
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; [PL 2021, c. 733, §2 (NEW).]
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; [PL 2021, c. 733, §2 (NEW).]
G. Training and information regarding how sexual violence, intimate partner violence and stalking may affect students with developmental or intellectual disabilities; and [PL 2021, c. 733, §2 (NEW).]
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. [PL 2021, c. 733, §2 (NEW).]
[PL 2021, c. 733, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 733, §2 (NEW).