Definitions of Terms Related to Title IX

A trained support person who is knowledgeable of the rights of survivors of a sexual assault in the State of Maine. An advocate can help you navigate your options and support you as you seek medical attention, seek to understand the legal process, take legal action and/or access non-emergency support. Advocates can be texted or called at the Maine Coalition Against Sexual Assault (External Site): 1-800-871-7741

Dating Violence

Dating violence is violence committed against a person by an individual who is or has been in a social relationship of a romantic or intimate nature with that person. Whether a dating relationship exists is determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. All forms of dating violence prohibited by Maine law are also included.

Domestic Violence

A felony or misdemeanor crime of violence committed—

• (A) By a current or former spouse or intimate partner of the victim;
• (B) By a person with whom the victim shares a child in common;
• (C) By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
• (D) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
• (E) By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

All forms of domestic violence prohibited by Maine law are also included.

No person may intimidate, threaten, coerce or discriminate against any individual because the individual has made a report or complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Title IX Policy and accompanying process.

Any intimidation, threats, coercion or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any charges filed against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or formal complaint of sexual harassment, as set forth in the University’s amnesty policy.

Complaints alleging retaliation may be filed with the Deputy/Title IX Coordinator.

The University of Maine System reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or dismissal/termination, for any offense under this policy.

Sexual Harassment includes two distinct, but overlapping definitions:

Title IX Sexual Harassment

The Title IX regulations define Sexual Harassment as conduct on the basis of sex that must satisfy one or more of the following:

• (A) A University employee conditions the provision of an aid, benefit or service of the University of Maine System on an individual’s participating in unwelcome sexual conduct; or
• (B) Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the University of Maine System’s education program or activity;

Title IX Sexual Harassment also includes: Dating Violence, Domestic Violence and Stalking, as defined in our Sex Discrimination, Sexual Harassment, Sexual Assault, Relationship Violence, Stalking and Retaliation and Title IX Sexual Harassment policy.

Sexual Harassment

Consistent with Title VII of the Civil Rights Act of 1964 and the recognition that Sexual Harassment may also occur in a wider variety of contexts, the University of Maine System defines Sexual Harassment as:

• (A) Sexual Harassment Sexual harassment includes unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature, including sexual assault and sexual violence. Sexual harassment, including sexual assault, can involve persons of the same or opposite sex. Consistent with the law, this policy prohibits two types of sexual harassment:
  • (1) Tangible Employment or Educational Action (quid pro quo): This type of sexual harassment occurs when the terms or conditions of employment, educational benefits, academic grades or opportunities, living environment or participation in a University activity are made an explicit or implicit condition of submission to or rejection of unwelcome sexual advances or requests for sexual favors, or such submission or rejection is a factor in decisions affecting an individual’s employment, education, living environment or participation in a University program or activity. Generally, a person who engages in this type of sexual harassment is an agent or employee with some authority conferred by the University.
  • (2) Hostile Environment: Sexual harassment that creates a hostile environment is based on sex and exists when the harassment:
    • (i) Is subjectively and objectively offensive; and
    • (ii) Is so severe or pervasive as to alter the conditions of a person’s employment, education or living situation that it creates an abusive working, educational or living environment.

A hostile environment can be created by anyone involved in a University program or activity, such as an administrator, faculty or staff member, student or campus guest. Offensiveness alone is not enough to create a hostile environment. Although repeated incidents increase the likelihood that a hostile environment has been created, a single serious incident, such as a sexual assault, can be sufficient.

Title IX is a federal civil rights law passed as a part of the Education Amendments of 1972. Title IX protects people in education institutions from discrimination based on sex.

Employees, students, athletes and community members involved in educational programs or activities that receive federal financial assistance are all protected under Title IX. Title IX applies to any institution that receives federal funding from the Department of Education, including local and state educational agencies. Title IX requires that any of these institutions must operate in a nondiscriminatory manner. Recipients of these funds also may not retaliate against a person for opposing an unlawful educational practice or policy, or because a person has made charges, testified or participated in any complaint action associated with Title IX.

Title IX jurisdiction applies when the alleged sexual harassment occurs within the context of the University’s “education program or activity” which includes all of the operations of the University, and locations, events or circumstances over which the University exercised substantial control over both the Respondent and the context in which the sexual harassment occurred, and also includes any building owned or controlled by a student organization that is officially recognized by the University.