What is Sexual Misconduct?

Definitions

In addition to recognition of the definitions and general provisions of the Criminal Code of the State of Maine, under which criminal sanction may be pursued, the College community is provided with the following definitions of some particular forms of unacceptable social behavior and interference with the rights of others, which, if committed by a member of the college community, shall be subject to disciplinary action. Definitions of consent and force are also included.

Sexual Harassment

Sexual harassment is understood to include, but is not limited to, the following: 1) oral, physical, written or pictorial communications relating to sexual activity, which have the purpose or effect of unreasonably interfering with an individual’s performance or which create a hostile, offensive or intimidating atmosphere for the recipient; 2) unwelcome and irrelevant comments, references, gestures, or other forms of personal attention which are inappropriate to the academic or employment setting — for example, the classroom or office — and which may reasonably be perceived as sexual overtures or denigration; 3) a request for sexual favors when submission to or rejection of such a request might be viewed as a basis for evaluative decisions affecting an individual’s career.

Sexual Misconduct

Sexual misconduct is any unwelcome sexual contact, either directly or through clothing, which is committed by threat, or by force, or without the consent of the other person. Sexual contact may include deliberate contact between a body part of, or an object wielded by, one person, and the body part of another person.

Rape

Rape is a form of sexual assault which is committed by threat, or by force, or without consent, in which either A) a bodily orifice is penetrated by a genital organ of another person or; B) a vaginal, urethral, or anal orifice is penetrated by a body part of or an object wielded by another person. Either the person being penetrated or the person penetrating may be the victim of rape.

Consent

Consent is understood as giving assent or approval. Consent may be withdrawn at any moment. A person is not considered to have given consent: A) if asleep, substantially physically or mentally impaired due to alcohol or other drugs, or unconscious, or; B) if intimidated, forced, or threatened.

Force

Force is understood as pressure exercised by a person, implicit or explicit, which is physical, verbal, emotional or situational, and which prevents another person from freely giving or withholding consent.

State of Maine Laws on Sexual Assault

The State of Maine laws concerning sexual assault are found in several places. The relevant statutory titles and sections are: Title 17, sections 251-261-A