Maine Revised Statutes Title 20-A Sec. 12990 – Immunity
Current as of: 2023 | Check for updates
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Terms Used In Maine Revised Statutes Title 20-A Sec. 12990
- 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
- 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
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. [PL 2021, c. 733, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 733, §2 (NEW).