Welcome to the University of Maine at Augusta!

You have chosen a university in which caring and dedicated faculty and staff work hard for your success. With our campuses in Augusta and Bangor, the eight UMA Centers, and over 30 statewide and online, we want to meet you where you are, when and how you need it.

Whether you are a first-time student or are returning to the University for further study, you can find the most up-to-date information regarding policies, procedures, activities, and services in this handbook that apply to you as a student. No handbook can answer all questions that may arise, but please contact the Dean of Students or any other staff members for anything you may need. If you have questions, ask! We are happy to help.

You’ll find many opportunities at UMA to get involved with civic engagement projects, student government activities, or particular interest groups such as the UMA Honors Program, in addition to our excellent and career-relevant programs. On behalf of the entire UMA community, please accept my best wishes for your continued success and thank you for choosing to invest in your future through a UMA degree or program.

Sincerely,

Jen Cushman
President

Disclaimer: The University of Maine at Augusta’s Student Handbook serves as a general reference guide regarding UMA’s policies, procedures, and services. While every effort is made to verify the accuracy of information, UMA reserves the right to revise, amend, or change items set forth in this Student Handbook from time to time. This handbook is neither a contract nor an offer of a contract.

UMA requires all candidates for graduation to earn a grade point average (GPA) of 2.0 or higher. To help monitor your progress toward this goal, we have established a Probation and Suspension Scale (under Academic Suspension). This scale shows minimum grade point averages required per level of course work completed. Students who do not attain the required level will receive a letter placing them on academic probation and they ultimately may be academically suspended. If you have any questions regarding your academic status, consult your academic advisor or college office.

(Please see Probation and Suspension Scale under Academic Suspension.)

The student whose grade point average indicates that he or she will have difficulty graduating with a 2.0 GPA is placed on academic probation. Students placed on probation still are entitled to all rights and benefits of other degree candidates. However, they are required to meet with their advisor before they can register for the next semester. Academic probation may have an impact on financial aid awards.

Contact Registrar’s Office in Augusta.

(Please see Probation and Suspension Scale below.)

If, after at least one semester on probation, a student fails to raise his or her GPA to an acceptable level, the registrar, upon the recommendation of the appropriate college dean, will take suspension action against the student. The student will not be permitted to register at the University for one semester (summer term may not be used as the suspension semester), but may submit an appeal to the Provost’s Office if he or she feels the Academic Standing Committee should consider other information. The student may resume studies for the next term after consultation with an academic advisor. Students in limited capacity programs will be converted to Liberal Studies and will be required to meet program entrance requirements and to submit a Change of Program form to be considered for re-entry to the program. Students who are suspended for a second time will lose their degree status, but may apply for readmission after a semester of suspension.

Contact Registrar’s Office in Augusta.

PROBATION AND SUSPENSION SCALE

Credit Hours GPA Status*
0-6 0.00-1.49 Probation, conditions for continued enrollment defined
7-23 1.50-1.70 Probation
0.00-1.49 Suspension
24-53 1.70-1.90 Probation
0.00-1.69 Suspension
54-83 1.80-1.99 Probation
0.00-1.79 Suspension
84+ 1.80-1.99 Probation
0.00-1.79 Suspension

*The college dean has the authority to place a student with a GPA in the suspension range on probation when the student has earned a GPA of 2.0 for his or her most recent semester. For more on how to compute your GPA, see the GPA section.

FORGIVENESS POLICY

To be considered for forgiveness, students must apply in writing to the Director of Advising. (Please note that this policy is only for students with broken enrollment and is NOT intended to address the issue of students with continuous enrollment.)

  • There must be EITHER at least a one year separation from UMA since the semester(s) last attendance at UMA and the student must have an overall GPA of less than 2.0 OR the student must have been academically suspended.
  • Student must be enrolled in a UMA degree program or have applied for readmission to a UMA degree program. A student applying for forgiveness and readmission concurrently will be awarded forgiveness at the conclusion of the add/drop period.
  • The student may request up to a maximum of 15 credit hours to be forgiven, subject to the approval of the appropriate Academic Dean. “Appropriate Academic Dean” being the dean to whom responsibility for the student will fall.
  • All credits forgiven must have been taken within a two-year time period.
  • A student may be granted forgiveness only once during his or her academic career.
  • For the first two semesters of enrollment after forgiveness is granted, an advisor’s signature is required for registration.
  • The student is encouraged to meet with an academic success coach or a student services coordinator.

All students who are in degree programs are assigned an academic advisor to assist them with their degree program planning. The advisor could be a faculty member or a student services coordinator who is a professional academic advisor. Students who have not yet matriculated into one of UMA’s degree programs, are matriculated elsewhere, or who are taking courses on a “non-degree” basis, can access advising assistance through the Advising Centers located at the Augusta and Bangor campuses or through the Student Services Coordinator at their local UMA Center. It is imperative that students maintain contact with their academic advisor to receive assistance in appropriate selection of course work, explanation of current University policy, and for clarification of other issues which may affect students’ academic decisions. Be sure to read the “Advising Tips” section of the student handbook to help you make the most of the advising process.

Contact: Advising in Augusta, Bangor, or student services coordinator at your center.  A complete listing of advising contacts can be found at uma.edu/advising.

(Also see Honors Program)

The President’s List and the Dean’s List are two ways the university recognizes academic excellence. Qualifying for these achievements is posted on the student’s academic record.  To be eligible a student must be matriculated in a UMA degree program. Students enrolled at multiple campuses need to be registered in at least three credit hours at UMA unless they are enrolled in a collaborative program.  The President’s and Dean’s List are generated 35 calendar days after the last day ofthe fall and spring semesters. A student with any Incomplete or Missing Grades for the semester when the records are reviewed is not eligible. Upon application to the appropriate academic dean, a student will be placed on the List retroactively if the criteria for the achievement are met after the list has been prepared.

President’s List

A President’s List will comprise the names of students who are completing 12 or more credit hours of 100-level or higher UMA and/or University of Maine System courses (exclusive of pass/fail courses) and have a GPA of 3.80 or higher in those courses.

Dean’s List

A Dean’s List will comprise the names of students who are completing 12 or more credit hours of 100-level or higher UMA and/or University of Maine System courses (exclusive of pass/fail courses) and have a GPA of 3.25 – 3.79, with no grades lower than a “C-” in those courses.

President’s List and Dean’s List for Part-Time Students

UMA recognizes the academic achievements of part-time students each spring by naming them to either the President’s List for part-time students or the Dean’s List for part-time students.

Qualifying for these achievements is posted on the student’s academic record. To be eligible for this academic recognition, students must:

  • complete a minimum of 12 credit hours of 100-level or higher of UMA and/or University of Maine System coursework (exclusive of pass/fail courses) during two consecutive semesters in an academic year (fall and spring);
  • take no more than 11 credit hours of 100-level UMA or University of Maine System coursework in either

The President’s List for part-time students recognizes the achievements of students with a combined GPA of 3.80 or higher over the two consecutive semesters in those courses.  The Dean’s List for part-time students recognizes students with a combined GPA of 3.25 -3.79 over the two consecutive semesters, with no grades lower than a “C-” in those courses.

Effective Date: Fall 2021

Contact: Registrar’s Office in Augusta, Admissions and Student Enrollment Services in Bangor, or center student services coordinator.

Students are not allowed to add a course after the regular add period, which generally is the first week of the semester, without instructor permission

Students should consult with the instructor for the course or their academic advisor before making the decision to drop a course. Students who wish to drop a course can do so through MaineStreet. Students who want to withdraw from all courses for the semester should contact the Enrollment and Information Services Center, their UMA Center, or the Registrar’s Office. During the first nine weeks of a semester, a student who drops a course will be assigned a grade of “W” (withdrew). During the last six weeks of the semester, faculty will assign either a “W” or “WF” (withdrew failing) grade, depending on the student’s performance in the course. “W” grades are not computed into the grade point average.

WARNING: Failure to withdraw officially from courses when a student stops attending class may result in failing grades of “F” or “L”.

Contact: academic advisor, Registrar’s Office, Enrollment and Information Services Center, or center student services coordinator.

Those interested in admission to a degree program should contact  Admissions at 621-3465 or umaadm@maine.edu.  Information is available through admissions.

Academic and Career Advising assistance may be accessed via the Advising Centers. We can help students locate helpful resources and services, obtain information, plan their academic programs, and establish career goals. Faculty, professional staff, and peer advisors collaborate to: explain how placement test results relate to course selection; explain course requirements in degree programs; assist students with appropriate course sequencing; help students access and navigate MaineStreet; help students arrange class schedules consistent with their goals and priorities; discuss transfer opportunities; explain University policies and procedures; and clarify issues which may affect students’ academic and career decisions.

Contact: Advising in Augusta or Bangor, or center student services coordinator.  A complete listing of advising contacts can be found at uma.edu/advising.

What are some advising benefits?

  • To help you plan an educational program that is consistent with your interests and abilities
  • To provide you with accurate information about educational options, requirements, policies and procedures
  • To help you understand the nature and purpose of higher education
  • To help you integrate the many resources of UMA to meet your unique educational needs and aspirations

What are your responsibilities in the advising process?

  • Learn how to access your academic information in MaineStreet
  • Learn the name of and contact information for your advisor
  • Schedule an advising appointment to register for your courses and/or learn to use MaineStreet Shopping Cart to select your next semester’s classes
  • Know and be able to clearly state your interests, personal values, and goals
  • Know your degree program and graduation requirements
  • Meet with your advisor if you experience academic difficulty
  • Talk to your advisor before changing majors, transferring to another college, or withdrawing from class(es) or college

What are your advisor’s responsibilities?

  • To become familiar with your personal, educational, and career goals
  • To review your MaineStreet file to gain some knowledge of your academic ability and background
  • To ask you about your academic progress
  • To be available to you during posted office hours or via e-mail/telephone
  • To know your program requirements
  • To know about general education requirements and academic policies and procedures
  • To be aware of and refer you to campus programs and services (counseling, career planning, study skills workshops, etc.) when appropriate

Pursuant to the Drug-Free Schools and Communities Act Amendments of 1989, the University of Maine at Augusta is required to establish a drug and alcohol prevention program for its students and employees. A biennial review of this program will be done to determine its effectiveness, to implement changes to the program if they are needed, and to ensure that the University’s disciplinary sanction described below are consistently enforced.

The following are components of the policies and resources available at UMA.

Standards of Conduct: The University of Maine at Augusta’s regulations prohibit the unlawful possession, use, distribution and sale of alcohol and illicit drugs. Criminal penalties for violation of such laws range from fines up to $50,000 and imprisonment up to and including life.

Student Policies: Read the student specific policies related to drugs and alcohol under the “Policies” tab of this handbook (University Policy on Alcohol and Illegal Drugs and UMA Alcohol Policy-Abridged).

Health Risks Associated with Alcohol and Other Drug Abuse: Alcohol abuse and drug-use problems have become a national health concern. Alcohol is a chemical, as are drugs. Any chemical is potentially harmful to someone. Read some of the health risks associated with alcohol and drugs under the “Policies” tab of this handbook (University Policy on Alcohol and Illegal Drugs).

Alcohol and Other Drug Laws: See information about Federal Drug offenses and Maine’s alcohol and other drug laws under the “Policies” tab of this handbook (University Policy on Alcohol and Illegal Drugs).

Resources:

Clinical Counseling Services: UMA is committed to providing an environment that is safe, healthy and conducive to the academic achievement. Abuse of alcohol and other drugs is considered a disruption to this environment, posing significant health and emotional problems, potentially jeopardizing campus safety and security, inhibiting the personal and professional development of students and employees and adversely affecting the educational opportunities for all. Students and employees of the University are considered adults and citizens of the campus and surrounding community. As such, students, faculty and staff are expected to conduct themselves in a respectful and responsible manner. As responsible adults and campus citizens, students and employees at UMA are subject to the policies set forth by the University and the legal statutes set forth by local, state and federal agencies.

Alcohol and other substance use services are offered to assist students, faculty and staff with concerns regarding alcohol and other substances. Specially trained staff are available to provide evaluations, support, educational and early intervention, and recovery related services. The staff can also assist students, faculty and staff in locating resources in the surrounding community for particular needs.

Clinical Counseling Services is prepared to address various concerns around the use and abuse of alcohol and other substances, and may include concerns about personal use, or the use of a relative, close friend, or roommate. For referrals or to set up a counseling appointment, students may contact Clinical Counseling Services/Student Support and Development at 207-262-7835 for Bangor and 207-621-3044 for Augusta, or speak to your center student services coordinator. Employees may contact the Director of Human Resources at 207-592-3618 or CIGNA Behavioral Health Employees Assistance Program at 1-877-622-4327.

Off-Campus Resources: A variety of resources exist for drug or alcohol counseling, treatment, or rehabilitation programs. 211 Maine offers a comprehensive listing of treatment providers throughout the State of Maine and can be reached by dialing 211 or visiting 211.org. Many additional resources can be found online through a search for alcohol or other drug treatment, or by contacting a local social services agency for help. Consult the telephone directory. “Community Services Numbers” are listed in the front of the directory. Also see the Yellow Pages listings for Alcoholism Information and Treatment Centers and Drug Abuse and Addiction Information and Treatment. The following state and national telephone numbers may also be helpful: 1-800-499-0027–Office of Substance Abuse Information and Resource Center, to receive information about treatment services; and, 1-800-662-HELP–Referral for Alcohol and Substance Abuse Services.

University Discipline: Violation of these University of Maine System Conduct Code regulations can result in disciplinary action up to and including dismissal for students; employee violations of drug and alcohol policy can result in termination. For students and employees, the policies are under the “Policies” tab of this handbook (University Policy on Alcohol and Illegal Drugs).

Educational Programs: The educational opportunities for drug and alcohol awareness and abuse prevention are enhanced by the following:

  • Educational workshops providing detailed information about substance abuse and misuse through lectures, films, and workshops on campus and in the wider University community
  • Certificate program in substance abuse studies
  • Distribution of information packets
  • Annual notification to all students and employees of UMA’s drug and alcohol use policies and local law sent by email to all students, faculty, and staff
  • Inclusion in the Student Handbook of alcohol and other drug policies, health risks, and referral sources
  • Support group meetings near campus
  • Meeting lists and handouts to provide specific information on where to get help located in numerous places on campus
  • Books and tapes available in the library regarding substance abuse, eating disorders, and family issues
  • Guest speakers present in classrooms and UMA forums

Students are obligated to read the state and federal mandated information in the policies and procedures section of this handbook (see University Policy on Alcohol & Illegal Drugs).

Contact: Counseling Services, center student services coordinator.

As members of the United States College Athletic Association and the Yankee Small College Conference, UMA currently offers the following sports: co-ed golf, men’s and women’s cross country, men’s and women’s basketball,men’s and women’s track and field, and co-ed bowling (club). Our golf team practices and hosts matches at the Augusta Country Club. The cross-country teams train and host meets on the campus nature trails. Most of the home basketball games are played at the Augusta Civic Center, one of the finest courts in the State of Maine. The track and field teams travel throughout New England to compete in running, jumping, and throwing events.  Our bowlers keep their skills fresh at Sparetime Recreation (Augusta) and Family Fun Lanes (Bangor). These quality athletic programs are offered to encourage personal, social, physical, and educational development.

Contact: athletic director in Augusta. Also visit the athletics web page.

Basic skills courses, sometimes referred to as developmental courses, are available to help students increase their proficiency in college-level reading, writing, and mathematics. The Placement Testing Program is designed to identify students needing brush-up course work in one or more of these areas. Some basic skills courses do not carry degree program credit. Financial aid can pay for these courses.

Contact: Advising in Augusta or Bangor or student services coordinator at your center.

The official course material provider for the University of Maine at Augusta is Books by eCampus. Books by eCampus is an online textbook provider that allows you to view and purchase your course materials online 24/7. Books by eCampus is dedicated to a customer-centered business model by providing best-in-class customer service and dedicated support, along with a vast selection of competitively priced course materials. By ordering through the Online Bookstore, Books by eCampus guarantees you will receive the correct items for your courses. Their user-friendly interface simplifies material selection with the confidence of accurate content. They offer new, used, rental and eBook purchasing options for the majority of materials. Many course supplies are also offered through the Online Bookstore.

Books by eCampus accepts all major credit and debit cards, PayPal and third party agency funds. You can purchase your textbooks and course supplies by accessing the Online Bookstore through the MyCampus Portal. Alternatively, you can access the Online Bookstore at uma.ecampus.com and sign in using your UMS ID. For your convenience, books may be shipped for free to the Augusta or Bangor Campuses, or one of our UMA Centers as early as one week prior to the beginning of each term. Additionally, all orders greater than $35 may be shipped to any location. Students can connect Books by eCampus via email at bookstore@ecampus.com or (859)209-6858. Customer service hours are Mon. to Fri. – 8:30am to 6pm ET.

For information on UMA merchandise, school supplies, and cafe items, please see “Food and Retail Services.”

There are several bulletin boards on the campuses to inform students of campus and community activities. The boards are also available for appropriate personal use. Intentional or reckless misuse, destruction, or defacement of bulletin boards and their postings is a violation of the Student Conduct Code. Notices must be approved and stamped by Student Life prior to posting on the bulletin boards. (See Bulletin Board Policy in Policies and Procedures section of this handbook.)

Contact: Student Life in Augusta or Bangor, or center student services coordinator.

UMA students may ride the Kennebec Explorer Bus System (which provides transportation to the Augusta-Gardiner-Waterville areas) and the Bangor Area Transportation (BAT) Community Connector buses for free to all bus line locations by showing their UMA student ID card to the driver.

Contact: Student Life in Augusta or Bangor. Contact the Kennebec Explorer at 622-4761 or the Community Connector at 992-4670.

The mission of the UMA Campus Assessment Response Evaluation (CARE) Team is to coordinate and implement policy development, education, and timely intervention in regard to students exhibiting signs of serious distress, or engaging in harmful or disruptive behavior. CARE is not a crisis or emergency response team, but provides a system for proactive intervention to student behaviors of concern in order to reduce disruption and facilitate a safe, respectful and productive learning and working environment. Visit the CARE web page for more information and for access to a referral form for submitting concerns.

Contact: Associate Dean of Students in Augusta.

A ride board in Jewett Hall is available to assist Augusta students in finding/providing transportation.

To change your program/major or minor, you must complete a change of major form. You can also print and submit the form on the Augusta or Bangor campuses at the Advising Centers. If you would like assistance in choosing a program or determining if your current program will meet your career goals, career advising is available.

Contact: Advising.

Child care services are not available on either campus. Students seeking child care information are encouraged to visit the State of Maine’s Children’s Services web page. Links to helpful resources, such as finding child care in Maine (search tool to child care facilities around the state), information for parents, and steps to choosing child care, are listed.

(See Credit by Examination).

The University encourages new and returning students to participate in all forms of co-curricular activities. A number of clubs and organizations, e.g. the French Club, MHHS Club, Student Nursing Association, and Student Athletic Advisor Club, to name a few, may be available at your campus. Campus student government associations can offer assistance in initiating a new club or organization and consider requests for funding. The Office of Student Life is also available to assist with starting new clubs and organizations.

Contact: local student government association or coordinator of student life in Augusta/Bangor, student services coordinator at your center.

UMA has two colleges overseeing its academic offerings. Each one supervises certain degree programs and academic disciplines. The following list should help you locate the college that supervises your major, course, or certificate.

  • College of Arts & Sciences
    (Pamela MacRae, Dean)
    Baccalaureate Degrees: architecture, art, biology, English, interdisciplinary studies, contemporary and popular music, liberal studies, social science
    Associate Degrees: contemporary and popular music, liberal studies
    Courses: AME, ANT, ARC, ARH, ART, ASL, AUD, BIO, CHY, COE, COL, COM, DAN, DRA, EDU, ENG, FRE, GEO, GEY, HGH, HON, HTY, HUM, IND, INT, MUS, PHI, PHO, PHY, PSY, REA, REC, RUS, SCI, SOC, SPA, SSC, WGS
  • College of Professional Studies
    (Brenda McAleer, Associate Provost and Dean)
    Baccalaureate Degrees: applied science, aviation, business administration, computer information systems, cybersecurity, dental assisting, dental hygiene, financial services, information and library services, justice studies, mental health and human services, nursing, public administration, veterinary technology
    Associate Degrees: business administration, computer information systems, dental hygiene, information and library services, justice studies, medical laboratory technology, mental health and human services, public administration,
    Certificates: accounting, child & youth care practitioner, community policing, crime analysis and GPS, customer service and telecommunications, dental assisting, early childhood teacher (B-5), early elementary teacher (K-3), forensic science, fraud examination, government management, health informatics, human resource management, human services, information & library services, mental health rehabilitation technician/community, paralegal studies, secondary education, social media, substance abuse rehabilitation technician, web development
    Courses: AVI, BUA, CIS, COE, DEA, DEH, ECO, FOC, HON, HUS, ILS, IND, INT, INV, ISS, JUS, MAT, MLT, NUR, POS, VTE

(See Information Technology.)

Cooperative Education combines work or volunteer experience with college credit for knowledge gained “on the job.” Independent Study/Cooperative Education Learning Proposal forms are available.

Contact: college office.

Clinical counseling services are available to help students manage challenges that may arise during their education, such as:  mental health or substance abuse concerns, family or interpersonal issues, time management, and difficulty managing stress.  Services include confidential, short-term clinical counseling, crisis intervention, and referral to community resources.  Clinical counseling services are available at the Augusta and Bangor campuses, and via telehealth services.

Contact: Kariann Woolf, Administrative Specialist, 207-621-3044.

The UMA catalog describes all courses required for degree programs; the current course guide describes all courses offered for the current semester at all UMA locations.

Contact: Registrar’s Office, Enrollment Services Center, Advising Center in Augusta, Admissions and Student Enrollment Services in Bangor, or center student services coordinator.

UMA offers a variety of means by which students may receive credit for prior learning. These include CLEP, DSST, NLN, and departmental challenge exams. Students who have achieved competency in various academic subjects can be eligible, via testing, for up to 45 credit hours toward a degree at UMA. There are fees for these exams.

Contact: Advising in Augusta and Bangor.

Under certain circumstances credit may be earned via the assessment of a portfolio documenting college-level learning acquired through prior work or volunteer experience. It is essential that students interested in this process verify in advance which courses may qualify for portfolio review and consult with the Augusta Advising Center staff to begin the process.

All locations Contact: Advising in Augusta.

As well as serving as the setting for numerous art exhibits during the year, the Charles Dana Danforth Gallery in Jewett Hall serves as a comfortable meeting place for students.

(See Credit by Examination)

(See Academic Honors)

Occasionally a catalog course may be offered to a single student or a small group of students. These courses appear as regular courses on the transcript and require approval from the college dean. Directed Study Learning Proposal forms are available from your college office.

See Services For Students With Disabilities.

UMA Early College opportunities include three future-focused programs for high school students: Campus/online, Bridge Academy, and Concurrent Enrollment.  Students can earn college credit through courses offered online, on campus at a UMA Center or at their high school.  Contact: The Office of Early College for more information.

The University of Maine System has created a free E-mail account for you. University faculty and staff will be sending you an increasing number of important communications by E-mail. If you don’t have a computer or internet connection at home, computers are available at UMA campuses and centers throughout the state. Any E-mail we send you will go to the @maine.edu address that was automatically created for you when you registered for classes. However, you will not be able to send or receive E-mail at your new account until it is activated. To activate your account, and to find out what your new E-mail address is, go to http://accounts.maine.edu. Click on Activate Your Account. You will be asked to enter your identification number and activation code. You can obtain your activation code by contacting the Technology Support Center at 1-800-696-HELP (4357.) You will also be asked to create a password. Later, if you should forget your password, you will be able to retrieve it if you can answer three questions (or cues) that are unique to you. Please take a few minutes to think about appropriate questions before you activate your account and create your password. One question could be “my mother’s maiden name.” Enter her maiden name as the answer. Other suggestions are your dog or cat’s name, a favorite food or place, a favorite relative’s name or a family member’s birthday. From http://accounts.maine.edu you may go to a “forwarding” page where you can arrange to have all of your university E-mail forwarded to a home account or you may go to the University’s Web-based E-mail service, Gmail.

Contact: Technical Support Center at 1-800-696-HELP (4357).

The friendly Enrollment and Information Services Center staff is available to provide all students and the public with general information and assistance with admission, financial aid, registration, and payment. When in doubt, this is a good place to start with your questions at 207.621.3185 or toll-free at 1.877.862.1234, press #, or email us at umaenrl@maine.edu.

Contact: Enrollment and Information Services Center in Augusta.

The Office of Equal Opportunity provides information on the University’s policy and procedures for promoting equal opportunity for all students to succeed in their college education. This office also provides information on the University’s non-discrimination policy, including sexual harassment. Copies of the University’s policies and procedures for complaints are available also. Also, see the policies and procedures section in this handbook.

Contact: Director of Equal Opportunity at 207.581.1226 (voice), TTY 711 (Maine Relay System), equal.opportunity@maine.edu with questions or concerns.

The Augusta campus is fortunate to have two indoor dedicated spaces for the exhibition of art, and acres of rolling land for installation of outdoor sculpture. The Charles Dana Danforth Gallery in Jewett Hall extends the classroom boundaries with exciting, quality exhibits by artists with national and international reputations. This gallery also serves the cultural needs of the Central Maine community. There are five to seven exhibits in the Danforth Gallery annually with many presentations and discussions by the artists who are exhibiting their work. The Bennett D. Katz Library also contains exhibit space that is focused on the work of Maine artists. These exhibits change on a regular basis. Students are encouraged to attend the opening receptions, lectures, presentations, as well as spend their free time relaxing and enjoying the exhibits.

Current fees and tuition rates are published on the UMA Web site.

Contact: Student Accounts in Augusta.

Federal, state, and University aid programs are administered through the Office of Student Financial Aid located at Augusta. These programs include grants, scholarships, loans, and federal work-study. You can access information regarding your current financial aid status through MaineStreet. Students wishing to receive priority consideration for various types of aid are encouraged to apply prior to March 1st.  Funds are awarded on a first-come, first-serve basis. Priority consideration is given to students whose applications are received by the University of Maine at Augusta before March 1 and all required documents are received by the Office of Financial Aid no later than March 15.

Contact: Financial Aid in Augusta.

On the Augusta campus, student fees support a Fitness Center for students’ health and well-being. Located in the lower level of the Augusta Civic Center, the Fitness Center has cardiovascular workout equipment and strength training equipment, including a Body Solid cable crossover machine, Hammer Strength Half Rack, and a variety of dumbbells. In addition, a racquetball court is available for both racquetball and wallyball. The Fitness Center staff is available to assist in jump starting a workout regimen.  The Augusta campus also offers a premier two-mile fitness trail. On the Bangor campus, the Fitness Center is equipped with a basketball court and a fitness area.  The basketball court can be set up for volleyball, indoor soccer, and fitness classes in addition to basketball.  The fitness area is equipped with a Hammer Strength Half Rack, Life Fitness Dual Cable Machine; Life Fitness Multi-chest machine; several ProMaxima selectorized strength machines; free weights, dumbbells, and kettlebells; various functional movement equipment; and a variety of cardio equipment (treadmills, ellipticals, spinning bike, recumbent bikes, and stair master) from Life Fitness, and SportsArt.  Both campuses have locker rooms with day use lockers, showers, and restrooms.  Use of the fitness centers on both campuses and participation in fitness programs are free to registered students, as well as faculty and staff.

Contact: Fitness Center in Augusta or Bangor.

In Augusta, SODEXO provides food and retail services, locally sourced and community partnered whenever possible, at the Moose Tracks Café in the Randall Student Center.  Daily dining options include handcrafted hot and cold beverages, soup, grilled items, pizza, snacks and a variety of prepackaged, made fresh in house daily, salads and sandwiches.  Come browse our fantastic selection of UMA branded apparel, novelties and crucial school supplies.  Students may use their student I.D. card to buy food items tax free.  Vending machines are available in most buildings on the Augusta and Bangor campuses and at the centers.  For more information regarding Augusta food and retail services, please visit https://uma.sodexomyway.com/.

To be considered for forgiveness, students must apply in writing to the Director of Advising. (Please note that this policy is only for students with broken enrollment and is NOT intended to address the issue of students with continuous enrollment.)

  • There must be EITHER at least a one year separation from UMA since the semester(s) to be forgiven and the student must have an overall GPA of less than 2.0 OR the student must have been academically suspended.
  • Student must be enrolled in a UMA degree program or have applied for readmission to a UMA degree program. A student applying for forgiveness and readmission concurrently will be awarded forgiveness at the conclusion of the add/drop period.
  • The student may request up to a maximum of 15 credit hours to be forgiven, subject to the approval of the appropriate Academic Dean. “Appropriate Academic Dean” being the dean to whom responsibility for the student will fall.
  • All credits forgiven must have been taken within a two-year time period.
  • A student may be granted forgiveness only once during his or her academic career.
  • For the first two semesters of enrollment after forgiveness is granted, an advisor’s signature is required for registration.
  • The student is encouraged to meet with a learning support specialist or a student services coordinator.

Most full-time students are degree candidates carrying an average academic load of at least 12 credit hours. For financial aid purposes, students carrying 12 or more credits are considered full time.

How to Compute Your Grade Point Average

Your grade point average (GPA) is the average grade received in courses taken in a given semester. Your cumulative GPA represents the average grade received for all of the courses you have taken at UMA. To compute your GPA:

  • consult the catalog to learn the numerical value of your letter grade(s)
  • multiply each grade by the number of credit hours of the course to determine the quality points earned for the course
  • add up your total number of quality points and credit hours
  • divide the quality point total by the credit hour total to determine your GPA

Example: A student completed BIO 110 (4 credits), ENG 101 (3 credits), and PSY 100 (3 credits) earning a B, a C+, and an A-, respectively.
B = 3.00; C+ = 2.33; and A- = 3.67
3.00 x 4 = 12; 2.33 x 3 = 6.99; 3.67 x 3 = 11.01
Quality Points = 12 + 6.99 + 11.01 = 30
Credit Hours = 4 + 3 + 3 = 10
30 ÷ 10 = 3.00 or a B average for the semester

To learn more about the importance of maintaining a 2.0 or higher GPA, please see the Academic Action section of the student handbook.

You may access your term and cumulative grade information through MaineStreet. You will be able to obtain your grades as soon as they are posted. You also can sign up to receive a text message any time a new grade or grade change is posted. To sign up, select the “Text Messaging Service” link at the bottom right of your student center. For additional instructions, click here. PLEASE NOTE: YOU WILL NOT RECEIVE A GRADE REPORT IN THE MAIL. However, if you must have a hard copy of your grade report for purposes such as employer reimbursement programs, you may print one by using MaineStreet. Any student who, upon learning of semester grades, suspects an error has been made should contact the Registrar’s Office immediately. Records are assumed to be correct if a student does not contact the office within six months after completion of a course.

Contact: Registrar’s Office in Augusta.

UMA adheres to the philosophy of academic freedom. Instructors may choose to depart from the grading scales familiar to many students. Questions regarding grading should be addressed to the instructor in question. There is an established grievance process in the policies section of this handbook if a student wishes to formally grieve issues related to a grade. Under the grievance policy, the only issue that is subjected to review is the method that a faculty member uses to determine a grade, not justification of the grade itself, which is clearly the responsibility of the individual faculty member. Please see the UMA catalog for more specific information on the grading system.

Contact: instructor, college deans, Dean of Students.

Graduation rates are available upon request from the Registrar’s Office.

Students who wish to apply for candidacy for graduation must complete and submit the online application prior to December 1 for December completions, and by April 1 for May or August completions. Students are asked to meet with their academic advisors first to avoid any unfortunate surprises in the spring; however, students are ultimately responsible for being aware of program requirements that are published in the UMA catalog. UMA’s graduation procedures state that graduation candidates will NOT be allowed to graduate with “Incompletes” on their UMA records if the course(s) are required for their degree program. Students requesting confidentiality will not have their names published in press releases or publications for events such as graduation. Students wishing to change their confidentiality status, for purposes of inclusion in the Commencement Program and any other graduation-related publications, must do so in writing and direct their request to the Enrollment and Information Services Center in Augusta no later than April 1. (See Academic Honors for information on degrees conferred with Latin Honors.)

Contact: Enrollment and Information Services Center in Augusta.

The Honors Program offers those students who have demonstrated intellectual potential and personal commitment an enriched academic experience. Honors Program students will be better prepared to continue their advanced studies and bring academic talents and abilities to the attention of prospective employers. The Honors Program is not a separate degree program but is integrated into your chosen major. The program is available to full-and part-time students at all locations.  The UMA Honors Program is affiliated with the National Collegiate Honors Council, and the Northeast Regional Honors Council.

Contact: The Honors Program.

A limited amount of undergraduate student housing is available for Augusta campus students at Stevens Commons in Hallowell. UMA has created a partnership with UMaine to offer residence hall housing for Bangor students. On-campus housing is not currently available at any of our statewide Centers.  Information to support students with their housing search is available at the housing web page.

Contact Office of Dean of Students in Augusta, Student Life in Bangor.

OneCard serves as your official UMA ID card and much more! Your card can be used to:

  • Access library services
  • Provide access to buildings or residence halls, if applicable
  • Pay for printing at both campuses
  • Purchase meals at the Moose Tracks Café on the Augusta Campus
  • Receive local community discounts

UMA newly admitted students will be emailed a unique link to their university email address that allows for students to upload a photo of their choice for their OneCard. Links will be emailed to new students approximately 7-10 days following enrollment, so it’s very important for students to check their university email as the link is unique for each student. Students who misplace or mistakenly delete the link will need to request a new link by emailing Admissions from their university email account. The email request should include the student’s full name and student ID number. Admissions can be contacted at umaadm@maine.edu,

Once a student submits their information and preferred photo, UMA will create the OneCard and mail it to the student’s preferred address on file. Students who complete this process, but who are living in UMA dorms will have their OneCards distributed to them in person during move-in.

To review step-by-step instructions visit Online Photo Submission.  To learn how to add funds to your OneCard online, and for more information on how to use your OneCard for library services, dining services, community discounts, and pay-per-page printing, visit UMA Card Services.  Contact: Admissions Office in Augusta, Advising Services in Lewiston Hall in Bangor.

An incomplete (“I”) grade is a temporary grade indicating that special arrangements have been made with the instructor to complete work by a later date, not to exceed 150 days after the end of the term.  If a student has completed almost all of the work for a course, an incomplete grade may be appropriate. An incomplete may be extended once by the instructor for a period not to exceed 150 days.  Any additional extension of an incomplete grade by the instructor requires the Dean’s approval.
Awarding of the incomplete grade is at the discretion of the instructor. If the incomplete grade is determined to be appropriate, the instructor will complete the Incomplete Grade Contract in MaineStreet, which specifies the following:

  • The work to be completed by the student.
  • The date by which the student will complete the work, not to exceed 150 days after the end of the term.
  • The grade the student will receive if the work is not completed. If no grade is specified, the incomplete is converted to an “F” after 150 days or as specified by the contract.
  • Individual faculty and academic programs may have additional policies regarding the awarding of the grade of incomplete.

A student may graduate with incomplete(s) on his/her record only if failing grades in the incomplete course(s) would not lower the overall GPA below a 2.00 and if the incomplete is not in a required course for the student’s degree program. Contact: Registrar’s Office in Augusta.

Students have the opportunity to design courses (in conjunction with the instructor) to supplement regular course offerings with approval from college deans. Students proposing an independent study are expected to have at least 30 semester hours of credit including some background courses in the proposed area of study. Independent Study Learning Proposal forms are available from your college office.

Contact: Appropriate college dean.

Computers for student use are located at the Bangor campus’ Nottage Library, the Augusta campus’ Katz Library, and at UMA Centers statewide. PCs have software packages that include word processing and spread sheet applications, provide access to specialized course software, URSUS, MaineStreet, Brightspace, and the Internet.

Contact: University Technology Support Center @ 1-800-696-4357 (HELP).

Students participating in athletics and/or club sports should contact Student Life, at 621-3374, for further information about the insurance requirement for student athletes.

Contact: Student Life

In response to student concerns related to the cost of student health insurance, access to affordable education and changes to federal policy, the University of Maine System (UMS) eliminated its health insurance verification requirement.  As a result, UMS no longer requires that students provide proof of health insurance coverage and no longer offers an insurance policy that automatically enrolls students in an insurance plan.

Please note: Some University programs, such as Nursing, Aviation and intercollegiate athletics require health insurance for program participation. These changes do not apply to Graduate Assistants and international students.

UMS has created a webpage (https://www.maine.edu/student-success/key-resources-and-policies/student-health-insurance/) which highlights different options that will allow students to purchase health insurance that meets each student’s individual needs.  Please be sure to visit this helpful resource.

Insurance – MaineCare

MaineCare Program through the Dept. of Health and Human Services, Office of MaineCare Services

To find out if you are eligible for MaineCare, please call or visit one of the DHHS Regional Offices. An interactive listing is available to find the office nearest you. The Consumer Assistance Help Line is also available at 1-800-965-7476.

The international student advisor functions to provide information and assistance to all students who are not United States citizens. It is the responsibility of the international student advisor to assist international students in interpreting the policies and regulations of the University and in interpreting local, state, and national laws. The advisor acts as a liaison agent between international students and the Immigration and Naturalization Service. For assistance on academic matters, see your academic advisor.

Contact Advising in Augusta, at 621-3149 or 1-877-UMA-1234, Ext. 3149.

Assistance is available to students to develop job search skills. Resume/cover letter writing, interviewing, and job search strategies are taught through workshops, handouts, books, the Internet, and individual consultations. Online job/internship postings and other resources are available through UMA CareerLink.  UMA coordinates with other University of Maine System campuses and Maine Career Centers to offer job fair opportunities for students.

Contact: Career Connections in Augusta and Bangor, or center student services coordinator.

The UMA Libraries are here to help you find the information you need. This can take many forms, such as finding a particular book or article to read or asking for help planning your research. With physical libraries in both Augusta and Bangor, and with extensive services available to students when they are not on a campus, we will help you find the information you need. The library subscribes to many online resources (ebooks, streaming films, articles, etc.) available 24/7 that are not available to the general public, so our physical libraries and our website are great places to find the types of resources your instructors will want you to use. Our physical libraries are great places to use computers, collaborate with classmates, use a Zoom Room, or find a quiet place to study. We encourage you to come and visit us. To borrow print books from the libraries and use interlibrary loan services, students should  obtain a student ID card and bring it to the library to activate it as a library card. Interlibrary loan books can be delivered to a UMA campus, center, or site! Students who don’t come to campus should order a non-photo ID card, which will also serve as their library barcode. All students should also make sure that they know their my.uma.edu “portal” username and password. You will need that password to search for articles and other online sources while you are off-campus. We encourage you to check out our website, UMA Library Portal. Here, you can find contact information for the library, including email and live chat options. You’ll also find the search tools that you can use on your own, anywhere that you have internet access.

A limited number of lockers are available on the Augusta campus (Richard J. Randall Student Center) for use by registered students on a first-come, first-served basis. Students must supply their own locks and the University assumes no liability for items stored in the lockers. All lockers must be emptied out by 5 p.m. on the last day of the semester, after which the University will remove the lock and transfer the contents of the locker to the Lost and Found. The Lost and Found is located at the Enrollment and Information Services Center in the Randall Student Center.

Contact: Office of Student Activities/Student Life in Augusta.

Items found on campus in Augusta are normally deposited at the Enrollment and Information Services Center in the Richard J. Randall Student Center.

Contact Enrollment and Information Services Center in Augusta, Campus Security in Bangor.

The University of Maine System’s student information system, MaineStreet, is THE place where all student information records are stored. Students can register for classes, update their addresses, phone numbers, E-mail, and emergency (log in using your UMS User ID and password) and access admission status, review academic and financial aid information. Students may also view their account balances and make payments online. A user guide is available online.

Contact Enrollment and Information Services Center or Registrar’s Office in Augusta.

On the Augusta and Bangor campuses, students have access to individual assistance in the development of their college-level writing and mathematics skills through programs staffed by experienced faculty and students. The Writing Centers provide tutorials in writing, one-on-one feedback on essays, information on research papers, helpful handouts, and more. The Math Labs provide help with mathematics courses, assistance in understanding problems, preparing for exams, and other assistance. Each UMA remote center also provides some access to these services (contact the Student Services Coordinator at each center for more direct guidance and assistance).  For any UMA student who wants to access to the online writing center, VAWLT services are available.  Given the asynchronous nature of the online writing center, feedback is not immediate or synchronous (live/real time) but is offered as expeditiously as possible (typically within 24-48 hours after submission). Contact: Math Lab, Writing Center in Augusta, Math Lab and Writing Center (Belfast Hall) in Bangor, UMA VAWLT.

The Office of the Dean of Students provides students with advice and assistance in conflict resolution.

Contact: Office of the Dean of Students.

The School Certifying Official in the Registrar’s Office certifies veteran’s educational benefits and works closely with military veterans and family members to assure compliance with federal and state guidelines.  The Military and Veteran Services Director’s office is located in the Veterans Academic Center, provides academic/career advising, networking opportunities, resources, and support for enrolled veterans.

Contact: School Certifying Official in Augusta.

The Moosenger is UMA’s electronic weekly newsletter for students. All registered UMA students will be emailed a weekly notification during the academic year. Contact: Photographer & Social Media Specialist

Navigate is a free mobile app that will help you thrive at UMA.  Navigate can help at all levels, whether you’re just getting started or are nearing graduation.  Think of it as a personal advisor in your pocket!  You can get reminders about important deadlines, reach out to advisors, discover supportive resources, and much more.  Visit https://www.uma.edu/academics/navigate/ for more information and to download it.

With locations statewide, including centers on the Augusta and Bangor campuses, New Ventures Maine can offer free services to women and men, students and community members. Training programs are provided to help you plan your career, start a business, manage your money and build your assets, and become a leader in your community. For information, contact the NVM representative at your location, the statewide office at 1-800-442-2092, or visit their web site.

A notary is available the Augusta campus.  Contact: Elaine Littlefield, in Augusta, at 621-3180.

Orientation eases the transition into the college student role, creates a foundation for academic success, and helps to integrate new students into the UMA community.   Orientations are offered on-site at all of UMA’s locations, including both campuses and UMA Centers, as well as in an online format.  Students are invited to experience all orientation options; however, they are expected to complete the online orientation format.

Contact: Office of Dean of Students in Augusta, Enrollment Services or Student Life in Bangor, or center student services coordinator.

UMA’s policy on parking is located in the policies section of this handbook. Illegally parked vehicles will be towed at the owner’s expense. Parking decals are available for students in Augusta at the Enrollment Services Center in the Randall Student Center.

All students are eligible to take one pass/fail course per semester. These courses may not be program requirements. Pass grades are not used in computing grade point average, but may be counted toward degree credit. A student may not change the pass/fail option after the second class meeting. Please see Honors Program for information on honors eligibility.

Contact: Registrar’s Office in Augusta, Admissions and Student Enrollment Services in Bangor.

Students may choose a 5-installment payment plan option for Fall/Spring and a 4-installment plan for Summer to spread expenses into monthly, interest-free payments. Students who choose a payment plan will be charged a one-time $30 non-refundable fee. Students enrolled in a UMA degree program that select the 5-installment payment plan may combine their account balances from other University of Maine campuses in their installment calculations. Students not enrolled in a degree program at any of the University of Maine system campuses may also combine their course account balances into a single UMA payment plan.

Contact: Student Accounts in Augusta.

The University of Maine at Augusta is concerned about the safety and security of its community members and property. The Campus Security provides walking escort services to anyone having a safety concern about walking from one point to another on campus. A walking personal safety escort service is available Monday through Friday, between 7 AM and 10 PM. You may request this service by calling 621-3400 at Augusta and 262-7777 at Bangor. Provide the following information:

  • Your name
  • Your exact location
  • Your destination

Phones are available in all the major buildings on both campuses. A Security Guard will usually arrive within 10 to 15 minutes of getting the call. If the Security Guard has not arrived within the time specified, please call again. If you change your mind and decide not to wait for the escort, please make another call to cancel your request.

Police coverage is provided by the appropriate local police department. Concerns or incident reports regarding safety and security issues should be directed to the Office of Campus Operations at 621-3103. All reports of safety and security concerns or incident reports must be forwarded to the Director of Campus Operations.

Emergency Phone Numbers:
Augusta: Dial “911”

Hallowell: Dial “911”
Bangor: Dial “911”
UMA Centers: Dial “911”
At Augusta and Bangor, emergency phones are located in parking lots as well as on some buildings. Pressing the button on the pole activates a light at the top of the pole and will automatically place a call to the local Police Department 911 dispatcher in Augusta only. A pre-recorded message is delivered to the dispatcher containing information on the location of the caller. After the message has been delivered, you will have an opportunity to speak directly to the dispatcher. In Bangor, calls are forwarded directly to the City of Bangor dispatcher for police, fire, and ambulance.

In the event of a fire or other emergency, these procedures should be followed when evacuating the building. Be aware of all the marked exits from your area and building. An emergency evacuation plan is posted in all occupied spaces:

  • Remain quiet and calm.
  • Close all doors and windows in your area as you leave, if you can do so safely.
  • Assist anyone with special needs to the nearest area of refuge (i.e., the area inside a stairway behind a closed fire door).
  • Walk quickly to the nearest marked exit and ask others to do the same. Do not use the elevators.
  • Once outside, proceed to the designated regrouping areas and ask others to join you.
  • Report the names and locations of any individuals who are waiting for assistance to University administrators or to the official in charge.
  • Do not reenter the building. Keep all walkways and roadways clear for emergency vehicles.

Augusta Regrouping Areas

Building Regrouping Area
Jewett Hall Bennett D. Katz Library Lobby
Bennett D. Katz Library Jewett Hall Auditorium
Michael Klahr Center Jewett Hall Auditorium
Randall Student Center Bennett D. Katz Library Lobby
Fine Arts Building Jewett Hall Auditorium
Arts Building Jewett Hall Auditorium
Modular Bldg I and II Jewett Hall Auditorium
Mail Room Farmhouse
Photography Mod Farmhouse
Alumni Center Farmhouse
Robinson Hall Farmhouse
Stoddard House Farmhouse
Augusta Civic Center Farmhouse
Farmhouse Alumni Center
Ceramics Studio (Pottery Shop) Farmhouse
Handley Hall Rhines Hill Parking Lot
Stevens Hall Stevens Quad
Erskine Hall Stevens Quad

Bangor Regrouping Areas

Building Regrouping Area
Acadia Hall College Center Lobby
College Center Eastport Hall Huskins Lounge
Eastport Hall Belfast Hall Nottage Library
Belfast Hall Eastport Hall Huskins Lounge
Lewiston Hall Belfast Hall Nottage Library
Lincoln Hall Camden Hall
Bangor Hall Fitness Center
Camden Hall Fitness Center
Fitness Center Belfast Hall Nottage Library
Medical Emergency:

If it becomes necessary to provide an individual on campus with medical treatment, student, faculty, and administrative staff are advised not to transport the individual to the hospital. The procedure to follow in such an emergency is: Dial “911” and provide information about the individual while assuring protection of the individual’s rights. As soon as possible thereafter, notify the appropriate University office listed above.

Here are a few safety tips to keep in mind:
  • When walking, keep to well lit commonly traveled routes.
  • Avoid shortcuts and dark, isolated areas.
  • Don’t walk alone.
  • If you have specific safety concerns, i.e., you are protected by a restraining order and would like to discuss strategies you may use to protect your security while taking classes, please contact Sheri Fraser, dean of students at 621-3136 in Augusta, or your local student services staff.
  • Always lock your car. Do not leave things in plain sight in your vehicle. Look into your car before getting in and relock your doors once inside.

UMA placement testing (free service for initial testers) is required of all degree candidates (unless waived via prior course completion and/or recent SAT scores) and non-degree students interested in taking certain courses. These tests are designed to help assess strengths and limitations in the areas of reading, writing, and mathematics.

Contact: Advising in Augusta and Bangor, your local center.

In Augusta, the Charles Dana Danforth Gallery in Jewett Hall, the Richard J. Randall Student Center, and the Bennett D. Katz Library are comfortable places to unwind between classes. The Veteran Academic Center is located in the Katz Library. The Bangor campus has lounges in many buildings as well as the Huskins Lounge in Eastport Hall. And, there is a veterans’ lounge in Belfast Hall. The centers also have lounges to accommodate students.

(See Academic Honors)

The Presidential Scholarship Program was established in 1997 to recognize and encourage Maine’s most capable and talented citizens. Except as noted, these awards cover one-half of the cost of a student’s actual UMA tuition charges during fall and spring semesters. Scholarships are renewable for up to two years for students entering an associate degree program, and four years for students entering a bachelor’s degree program.

Presidential scholarship recipients must register for and earn at least 12 credits each semester with a grade point average of 3.0, unless otherwise specified. A student who does not earn 12 credits because s/he was assigned a grade(s) of “incomplete” will have the scholarship held for one semester. If the student has successfully completed the course(s) and earned the required grade point average the scholarship will be reinstated.

Some presidential scholarships require a recipient to participate in an extracurricular activity. If a student does not satisfactorily complete the service requirement, s/he loses eligibility. Student participation is verified at the end of each semester.

Descriptions of the various types of presidential scholarships follow. A student may receive more than one type of scholarship.

Admissions presidential scholarships are academic merit scholarships awarded to incoming students who intend to study full time in a baccalaureate program. Recipients are selected by the Admissions Office.

Students are selected on the basis of previous academic achievement and promise. These awards are valued at half tuition each semester for up to eight consecutive semesters (excluding summer) of study in a UMA baccalaureate degree program.

Service-based presidential scholarships are awarded to students whose participation in extracurricular activities adds to the educational experience and University community. Continuing as well as entering students are considered for these scholarships. Award categories include:

  • Athletics: Scholarships are allocated to members of men’s and women’s basketball, cross-country teams, track and field, and the golf team. Recommendation of the appropriate coach and the athletic director is required.
  • Music Program: Scholarships are awarded by the Music department to students admitted to the bachelor degree in Music. There is a service requirement.
  • Emerging leader: Scholarships are awarded to students with an excellent academic record and an agreed upon campus service role/project. Students are nominated by the program coordinator.
  • Governance: Scholarships are awarded to the student government association presidents in Augusta and Bangor, and the student representative to the University of Maine System Board of Trustees. Students receiving these scholarships may be less than full time. These scholarships cover three-quarters of the cost of tuition.

The Richard J. Randall Student Center is situated adjacent to the Bennett D. Katz Library and main classroom buildings and provides students, faculty, and staff with a very special meeting and gathering place. It houses  several lounges and conference rooms, the Moose Tracks Café, Student Government, student clubs and organizations, with offices of Student Life, Admission, Advising, Enrollment and Information Services, ID Card Services, Registrar, Financial Aid, and Dean of Students. Many special activities take place at the Randall Student Center such as musical performances, holiday festivities, lectures, discussions, and displays. It also houses faculty and staff offices, as well as smart classrooms.

This office provides many services such as registration, veteran’s assistance, immunization information, graduation, transfer evaluations, and houses official academic records. Transcripts are ordered through this office, but are not furnished to individuals, other institutions, or prospective employers without the written consent of the student concerned. Transcripts are sent free of charge. Requests for confidentiality of directory information are directed here. Any changes in status (including address, name, course load, etc.) must be reported.

Contact: Registrar’s Office in Augusta, Admissions and Student Enrollment Services in Bangor.

All degree candidates are encouraged to meet with an advisor prior to registration for courses. Any student who wishes to register for more than 18 credit hours in a semester must have the approval of their advisor or academic dean. At the Bangor campus, all non-degree students can register with the Advising Center or the Office of Admissions and Student Enrollment Services. In Augusta, non-degree students can contact the Enrollment and Information Services Center or the Registrar’s Office.

Contact: the college office, academic advisor, Enrollment and Information Services Center or Registrar’s Office in Augusta; Advising Center or Admissions and Student Enrollment Services in Bangor, or center student services coordinator at the UMA Center.

(See Personal Safety Escort Service)

Scholarship forms are available through the Financial Aid Office during the spring term. Scholarships are normally awarded each spring for the following fall. Most scholarships have a spring deadline. The general scholarship application form will indicate specific requirements and procedures to follow. There are also financial need scholarships that are awarded as part of the financial aid offer. For a listing of scholarships, please visit financial aid.

Students who have been awarded merit scholarships during the admission process will have eligibility reviewed each semester.  Be sure to review all terms and conditions of the award to understand eligibility requirements.  Once eligibility is lost, it cannot be reinstated.

Contact Financial Aid in Augusta for information on scholarships.

UMA complies with all laws that define the rights of individuals with disabilities and makes reasonable efforts to accommodate specific, appropriately documented academic needs. Current documentation by a qualified health care professional may be required if the disability is not readily apparent. Documentation should describe the nature, longevity, and severity of symptoms as well as the functional limitations that the disability causes in the learning process. Students with disabilities may submit an Accommodation Request Form through the Student Support and Development (SSD) staff or student services coordinator at their campus or center. To ensure the timely availability of accommodations, students must request services well in advance of the start of each semester. See accessibility statement for list of contacts.

Student Accounts is responsible for student billing, processing payments, billing of third party sponsorship contracts, payment plans, disbursement of all financial aid refunds, tuition refunds, and applying waivers against student account balances. Appeals for changes in residency status should be submitted to Student Accounts (see Residence Classification Policy). Please contact Student Accounts in Augusta if you have questions about your account or residency status.  Billing policies, procedures, a schedule of tuition and fees, and other useful information is available here.

An ad hoc Appeals Committee comprised of appropriate University personnel meets twice a month to review appeals received from students requesting deviation from the standard drop/withdrawal procedures. Students must complete and return the Student Appeals Form, along with required documents. Normally, requests for reversal of tuition and fee charges will be considered for up to 90 days after the close of the semester/session for which the student is claiming a refund. Examples of involuntary appeals, and corresponding required documentation, include:

  • Entering involuntary to active duty into the armed services: The request for withdrawal must be substantiated with copies of military orders that show proof of date of entry. The individual’s commanding officer or another appropriate official must sign the orders.
  • Illness of the student or an immediate family member: A physician’s certification on official practice letterhead must be provided stating the student’s of family member’s illness that required the student withdrawal and in the case of student illness, a statement indicating the illness prevented the student from completing course work.
  • Death of the student or an immediate member of the student’s family: Appropriate documentation must accompany the request for withdrawal.
  • Involuntary transfer by the student’s employer that precluded continued enrollment (military branches of the service are considered employers under this section): The request for withdrawal must be substantiated by appropriate documentation from the employer.

Every effort is made to apply University policies fairly and consistently. Appeals received pertaining to voluntary withdrawals are less likely to be granted, unless extenuating circumstances (for example, failed technologies) prevail. Students will receive a confirmation indicating receipt of the appeal form and the expected date of review by the Appeals Committee. The student will also receive a written communication indicating the final appeal determination. In accordance with federal financial aid regulations, a reduction in credit hours and charges may often result in a subsequent reduction in aid. Students are encouraged to contact the financial aid office to gain a full understanding of the impacts pertaining to a change in credit hours. Such financial aid calculations due to changes in enrolled credit hours from credit hours used in the calculation of aid award may result in the student owing a balance to the University. The University academic appeals committee hears appeals on academic matters and has no authority to authorize refunds. Administrative dismissals are not covered by this policy and are not entitled to refunds of institutional charges.

Contact: Student Financial Services in Augusta.

Student Associations are available at all UMA Centers. Both the region’s Student Association (SA) and the University of Maine at Augusta General Assembly (UMA GA) may be active at your outreach center or site. Local Student Associations assure an appropriate balance of activities for all fee-paying students and provide a forum for discussion of local or Center policy issues affecting the quality of the student’s educational experience. The UMA GA represents UMA students taking courses at a distance in discussions of governance issues. Representatives are chosen from this group to represent the entire distant student body at UMA General Assembly meetings.

Contact: center student services coordinator.

The SGA is the officially recognized governance group, which represents all UMA students. The SGA allocates the revenues collected from the student activity fee; these fees are used to support activities of a cultural, social, educational, and recreational nature. The Augusta, Bangor, and Student Associations represent the student body collectively, each with delegates on the UMA SGA General Assembly. General elections are held in the fall for the Student Representatives; officers are elected in the spring.

Contact: Student Life in Augusta/Bangor, your campus SGA or center SA, or your center student services coordinator.

All UMA students have access to a series of social, educational, and cultural activities. Such activities are planned in cooperation with the Student Government Association. Musical entertainment, lectures, demonstrations, luncheons, games, and off-campus trips provide a well-balanced program. Students are encouraged to participate in or lead an activity of their choice. Students interested in developing activities or clubs are encouraged to contact Student Life in Augusta/Bangor or your campus Student Association. Also, check with the Office of Student Life in Augusta or Bangor for tickets to area performances.

Success in college is closely tied to having and using effective learning and study skills. The Division of Academic Success provides a variety of resources designed to help students strengthen their learning skills, and become more effective, self-confident and independent learners. Assistance with time management, test-taking skills, memory techniques, planning for projects, and more is offered face-to-face, by phone and on-line. The Division of Academic Success also provides tutoring in most developmental and introductory level courses, and coordinates accommodations and services to students with disabilities. Students should contact the division or their local student services coordinator to learn more about available resources or visit the department website.

(See Student Success)

(See Registrar’s Office.)

Transfer Services, part of the Registrar’s Office, evaluates transfer credits, with final approval from the appropriate college dean. Several offices and resources are equipped to assist students in transferring, whether to another college or university or to a change of program within UMA.

Contact: Registrar’s Office in Augusta, academic advisor, college office.

A Title IV Federally Funded Program

The TRIO Scholars Program is a federally-funded student support services program with the mission to facilitate success in college providing amplified student services for eligible students. To be eligible for the TRIO Scholars, students must be a U.S. citizen, be enrolled in a four-year UMA degree program, have academic need, and meet at least one of the following criteria: be a first-generation college student (neither parent earned a bachelor’s degree) OR considered a student of low income OR have a mental or physical disability that impacts his or her learning. While student services are available to all UMA students, an enrolled TRIO Scholars student receives student services including proactive support from the TRIO Scholars staff. The TRIO Scholars Program provides assistance to participants in achieving their educational goals.

Contact: TRIO Scholars Program at each campus.

Tutoring is intended to help students increase their understanding of course material, and improve their learning and study skills.  Tutoring is divided into two primary categories:  Success Tutoring (general skills effectiveness) and Content Tutoring (subject-specific help).  On the Augusta and Bangor campuses, as well as UMA centers, peer tutors are available for most developmental and introductory courses. Tutoring may be provided individually or in small group settings by qualified community or peer tutors. In the UMA LaunchPad, students also have access to an online subject-specific tutoring program called NetTutor. Students will find many subject and specialty areas represented in our NetTutoring Software.  Tutoring is intended as a supplement to classroom instruction, and is not a substitute for regular attendance and participation in your classes.  Questions about tutoring should be directed to the Division of Academic Success in Augusta and Bangor, or to the student services coordinators at the UMA Centers.  (Also see Math and Writing Labs.)

UMA Alerts is your way to receive weather closure and emergency information via your cell phone and email.  This is an important resource while attending UMA classes in Augusta, Bangor, or at the UMA Centers.  All enrolled students are automatically registered to receive notifications at their @maine.edu email address and by text message if a cell phone is recorded in MaineStreet.  Students will receive messages from all campuses at which they are currently enrolled.  Students may opt out of notifications at any time.  To find out more about managing your emergency notifications, adding additional email addresses, and more, visit your campus portal (my.uma.edu).  Select “Manage Emergency Notifications” from the LaunchPad, the red triangle with exclamation point symbol.  If you still have any questions or problems, just call University Tech Support at 621-7400 or 1-800-696-HELP or email help@maine.edu.

The UMA Student Scoop is UMA’s electronic weekly newsletter for students. All registered UMA students will be emailed a weekly notification.

Contact: Student Life in Augusta.

On the Augusta and Bangor campuses, students have access to individual assistance in the development of their college-level writing and mathematics skills through programs staffed by experienced faculty and students. The Writing Centers provide tutorials in writing, one-on-one feedback on essays, information on research papers, helpful handouts, and more. The Math Labs provide help with mathematics courses, assistance in understanding problems, preparing for exams, and other assistance. Each UMA remote center also provides some access to these services (contact the Student Services Coordinator at each center for more direct guidance and assistance).  For any UMA student who wants to access to the online writing center, VAWLT services are available.  Given the asynchronous nature of the online writing center, feedback is not immediate or synchronous (live/real time) but is offered as expeditiously as possible (typically within 24-48 hours after submission).  Contact: Math Lab, Writing Center in Augusta, Math Lab and Writing Center (Belfast Hall) in Bangor. (See Math Labs and Writing Centers.)

Section VI-H
Effective 03/01/2020

I. PURPOSE
The University of Maine System (“the University”) supports access to collections, services, facilities, equipment, and programs which meet the information and educational needs of the University community, and to advance the teaching, research, outreach, and administrative missions of the University. In fulfillment of this purpose, and responsive to advances in technology and the changing needs of the community, the University supports access to information resources, including the Internet, to the greatest extent possible. In return, users of information resources shall be aware of and act in compliance with all relevant federal and state laws, local ordinances, University policies, institutional contracts, and/or other requirements or obligations. Users shall be familiar and behave consistently with the following principles: Freedom of Expression, Privacy Rights, Property Rights, Freedom from Harassment, and Compliance with Intellectual Property Rights and Copyright Law.

II. SCOPE
This APL constitutes the University’s policy on the acceptable use of information and systems. This policy applies to users who access information technology (IT) resources under the authorization of the University, including but not limited to, currently enrolled students; employees; authorized contractors, vendors, and guests; and other authorized users as determined by University institutions. University IT resources include all electronic equipment, facilities, technologies, and data used for information processing, transfer, storage, display, printing, and communications by the University and/or any University institution. These include, but are not limited to, computer hardware and software, computer labs, classroom technologies such as computer-based instructional management systems, computing and electronic communications devices and services, email, networks, telephones, voicemail, facsimile transmissions, audio, video, multi-function printing devices, mobile computer devices, data, multimedia and instructional materials. This definition also includes services that are owned, leased, operated, or provided by, or otherwise connected to University resources, such as cloud computing or any other connected/hosted service. It is the responsibility of all users to comply with this APL.

III. GUIDING PRINCIPLES
Information resources are essential in accomplishing the University’s mission of disseminating and extending knowledge, fostering the free exchange of ideas, and providing effective support for University teaching, research, outreach and administration. It is the policy of the University that access to and use of information and information technology resources are privileges that extend to authorized users for use in fulfilling the missions of the University and University institutions, and for appropriate University-related activities. Acceptable use of University resources includes any purpose related to the direct and indirect support of the University’s educational, research, service, student and campus life activities; and administrative and business purposes. Authorized users are provided access to information resources in order to support their studies, instruction, research, duties as employees, official business with the University and/or any University institution, and other University-sanctioned activities according to their roles and responsibilities. Authorized users must not use University resources to speak on behalf of the University or use the University trademarks or logos without authorization. Affiliation with the University does not, by itself, imply authorization to speak on behalf of the University.  The University is not responsible for the content of documents, exchanges or messages, including links to other information locations on the internet that reflect the personal ideas, comments, and opinions of individual members of the University or other community, even when this content is published or otherwise circulated to the public at large.

IV. RESPONSIBILITIES
A. Expected Behaviors
All users of University information resources are expected to behave responsibly, legally, and ethically in their use of all information resources. To that end, it is the responsibility of users to:
1. honor all applicable federal and state laws, local ordinances, University policies, institutional contracts, copyright provisions, software licensing agreements, and/or other requirements or obligations to which the institution is a party;
2. be aware of and comply with the University’s procedures and regulations for accessing and operating computer and related hardware, software, and other information resources;
3. protect accounts and passwords by selecting obscure passwords, using passwords unique from personal account passwords, and not sharing such information or the use of accounts with others;
4. properly logoff or logout whenever leaving a computer in an area which is accessible to others;
5. respect the privacy and confidentiality rights of others, including their files and accounts.

B. Unacceptable Uses and Behaviors
Consistent with the above, unacceptable uses and behaviors include, but are not limited to:
1. providing false information to obtain an account;
2. damaging, disrupting, or exposing IT resources or data to unauthorized access or to harm;
3. violating, or attempting to violate, computer system security;
4. violating, or attempting to violate, software license agreements or contracts;
5. incurring unauthorized or unreasonable costs for the University;
6. sharing or transferring authentication details to others, or using another user’s authentication credentials such as IDs and passwords, or other access codes or means for circumventing user authentication;
7. disrupting or monitoring electronic communications without authorization;
8. harassing or threatening other computer users or University staff; including defamation of others, creating a hostile environment as defined by law, engaging in stalking and/or illegal discrimination;
9. violating the privacy of others;
10. using, accessing, disclosing, modifying, duplicating, or destroying University information, resources, accounts, and/or privileges,
11. using any University resource for any illegal purpose, or in violation of applicable laws, institutional policies, contracts, or rules;
12. use by University employees of University resources for conducting an outside business or private employment, or other similar activities conducted for private financial gain;
13. campaigning for public office or soliciting political contributions, or political lobbying, except for specific employees authorized to lobby on behalf of the University or University institutions;
14. wagering or betting, except as it relates to bona fide, University-related academic or research pursuits;
15. copying or distributing copyright-protected material without legal right or authorization;
16. engaging in the storage, display, transmission, or intentional or solicited receipt of material on a University-owned device that is obscene as defined by the U.S. Supreme Court, except as needed to investigate violations of applicable laws, institutional policies, contracts or rules;
17. any use that interferes with work or job performance, or other University business.

V. PRIVACY AND SECURITY
A. The University takes reasonable measures to protect the privacy of its information resources and accounts assigned to authorized users. However, the University cannot guarantee absolute security and privacy. Any activity on University resources may be monitored, logged and reviewed by University-approved personnel or may be discovered in legal proceedings or in response to public records requests. Users are responsible for all actions performed through their credentials. Generally, the contents of user accounts will be treated as private and not examined or disclosed except:
1. as required for system maintenance or business necessity, including security measures;
2. to investigate violations of law, University or other contract;
3. to meet the requirements of law, regulations, or institutional policies, rules, contracts or guidelines; or
4. as permitted by applicable law, regulation, institutional policies, rules, contracts or guidelines.
B. The University has the right to employ appropriate security measures, to investigate as needed, and to take necessary actions to protect the University and University personnel and resources. The University may also have a duty to provide information relevant to ongoing investigations by law enforcement, or for other regulatory requirements, or obligations.

VI. RESULTS OF INAPPROPRIATE BEHAVIOR
Inappropriate behavior has an adverse effect on the work of others, on the ability of University staff to provide good service, and/or on information and information resources themselves. Users of information resources at the University shall be constructively responsive to others’ complaints, and receptive to University staff’s reasonable requests for changes in behavior or action.  Failure to adhere to the provisions of this APL may result in the suspension or loss of access to University resources, disciplinary action, civil action, and/or criminal prosecution. To preserve and protect the integrity of University resources, there may be circumstances where the
University or a University institution may immediately suspend or deny access to resources.

VII. CONTACT INFORMATION AND REPORTING ACTUAL OR SUSPECTED VIOLATIONS
For questions on this APL, or to report an actual or suspected violation of this APL, please contact the University Information Security Office at infosecurity@maine.edu or 207-581-9105.
APPROVED BY THE CHIEF FINANCIAL OFFICER AND TREASURER ON 6/16/20200

All accidents or incidents that occur at any UMA campus or UMA Center or involve any UMA employee, student, or visitor should be reported to the Office of Campus Operations in Augusta at 621-3103/1-877-862-1234, ext. 3103, within 24 hours of occurrence.

Each student is asked to report his/her correct residence address at the time of registration or as soon as it is known. THIS ADDRESS MUST BE THE STUDENT’S ACTUAL PLACE OF RESIDENCE. If the mailing address is different, it should be reported to the Enrollment and Information Services Center or Registrar’s Office in Augusta. In Bangor, please report it to the Office of Admissions and Enrollment Services Center. Students may have this directory information kept confidential. Students are required to complete the name change form and to provide official documents that verify the legal name change. Students may choose to change their preferred name through their Student Center in MaineStreet. The student’s preferred name will appear on class and grade rosters, their advisor’s Advising Center, in Brightspace, their ID card, and their Student Center. Students can change their address information by using MaineStreet.

Contact: Enrollment Services Center or Registrar’s Office in Augusta. (See Confidentiality-Release of Student Information.)

UMA Alcohol Policy (see UMA Alcohol Policy further below) (Also see the University of Maine System Policy on Alcohol and Illegal Drugs)

ALCOHOL AND ILLEGAL DRUGS POLICY (University of Maine System Policy; see further below under University)

The University of Maine at Augusta issues an annual security report in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998. This report includes statistics for the previous three years concerning reported crimes that occurred on campus; in certain off-campus buildings or property owned or controlled by the University of Maine at Augusta; and on public property within, or immediately adjacent to and accessible from, the campus. The report also includes institutional policies concerning campus security, such as policies concerning sexual assault, and other matters. You can obtain a copy of this report by contacting the Office of Campus Operations, University of Maine at Augusta, 46 University Drive, Augusta, Maine, 04330, (207) 621-3103, or in-state 1-877-UMA-1234, or by accessing this Web site.

All gender bathrooms are part of a larger initiative to promote a safe and inclusive campus environment and to help educate our community about human rights issues. All gender restroom spaces are single stall bathrooms and persons of any gender are welcome to use them. They can be found on the Augusta campus in Jewett Hall, the Farmhouse, and the Alumni Center. In Bangor, such restrooms are located in Lewiston Hall, Eastport Hall (handicap accessible), the Dental Clinic and Bangor Hall. Many UMA Centers have all gender bathrooms available.

Notices and posters should be placed only on bulletin boards provided for this purpose. Notices must be approved and stamped by the Office of Student Life prior to posting on the bulletin boards. No notices may be attached to any surface other than bulletin boards and notices must be attached with thumbtacks only. In order that all may have a chance to use the bulletin boards, students, faculty and staff are asked to keep posters and notices 22″ x 28″ or smaller. Personal notices should be 3″ x 5″ in order to make space available to the largest number of users, improve readability, and improve the general appearance of the area. The date an item is posted should appear in the bottom left-hand corner. Posters or announcements not indicating sponsor are subject to removal. Special regulations concerning poster displays are in force during student elections and campaigns. Copies of these rules will be supplied to all candidates and campaign managers who are responsible for proper conduct of the campaign. Intentional or reckless misuse, destruction, or defacement of bulletin boards and their postings is a violation of the Student Conduct Code. Questions about this policy should be directed to Student Life.

In the event that the administration of the University is of the opinion that violations of local, state, or federal laws and the Student Conduct Code have occurred, it will proceed as follows:

  1. Suspected violators will be informed by duly authorized officials that they may be in violation of the law and/or University policies and regulations. Students will be referred to the conduct officer for action under the code. Discipline will be appropriate, swift, and consistent with the rights of students as protected by the Code.
  2. When justified by the circumstances, the administration will employ the minimum means necessary, including juridical remedies and other outside forces, to obtain compliance with University rules and regulations.
  3. Campus disorders can take many forms in as many circumstances and at any hour of the day or night. Procedural guidelines set forth below should be followed whenever possible. Prompt knowledge of an actual or impending serious violation of University rules, regulations, and policies by the responsible officials on campus is essential if a constructive method of control is to be established.

1. UMA officials, employees or other members of the University community who first learn of an impending or actual event should immediately call the dean of students. If the dean is not available, those that follow should be called in the order presented: director of campus safety and security, provost/vice president, president. Any of the above who are contacted will consider the implications and nature of the event and will outline to the appropriate University officials the procedures to follow.

2. In the unlikely event that personal injury, bloodshed, fire or other destruction of public property occurs without prior warning so as to constitute an emergency situation, the University official or employee learning of the event initially should first call the police (911 for Augusta; 911 for Bangor) and then follow the procedure in Paragraph 1 above. It should be obvious that if a fire is in progress, the local fire department should receive the first call (911 for Augusta; 911 for Bangor).

3. The presence of uniformed officers at the scene of a student disturbance frequently incites the group to expanded action; hence police officers must be called or dispatched to the scene only by the senior or ranking University official available on campus except in the emergencies noted in Paragraph 2.

4. If, in the opinion of the dean of students, the situation is of such gravity that further action is justified, the dean will notify the president. Upon the absence of the president and the provost/vice president, the director of campus safety and security will be notified. If the president views the situation as extraordinary in gravity, warranting serious consideration, such as resort to judicial or outside force, s/he will call into session a “control group” to serve in an advisory capacity. The group will be made up of as many of the following as are available: dean of students, director of campus safety and security, provost/vice president, student government association, faculty, and others whom the president wishes to participate. Appropriate action will then be taken.

The University of Maine System takes pride in its tradition of maintaining a safe learning and working environment. Civility, mutual respect toward all members of the University community, and a safe campus are essential for effective teaching, learning, and work performance. The University is committed to the goals of civility and mutual respect and to providing a safe environment in its operations and activities.

The University will not tolerate acts of violence against or by any member of the University community, including students, faculty, staff, and visitors, that occur in University offices, classrooms, residence halls, facilities, worksites, vehicles, or while a University employee is conducting University business or a student is participating in curricular or co-curricular activities on or off-campus. The University will provide educational information about, take reasonable measures to prevent, and respond to incidents of campus violence. The University seeks to support members of the University community who are victims of campus violence and to reduce the impact of violence on student and employee well-being and productivity.

Sexual Harassment, Sexual Assault, Domestic Violence and Stalking are prohibited under the University’s Policy on Sex Discrimination, Sexual Harassment, Sexual Assault, Relationship Violence, Stalking and Retaliation.

Any member of the University community who violates this policy or threatens or harasses another person may be subject to disciplinary action, up to and including termination for employees, dismissal for students, and/or civil and criminal prosecution. Alleged violations by students will be referred to the Student Judicial Officer under the Student Conduct Code. A visitor who violates this policy may be removed from the property and reported to police authorities.

Any person who experiences, witnesses, or has information about an alleged threat or violent act on campus, at a university facility, or while engaging in university-related activities is strongly encouraged to immediately contact the university official designated by the President. All supervisors and administrators must immediately contact the designated university official to report such alleged threats or violent acts. An individual who has experienced violent or threatening behavior is urged to seek support from a trusted person, which does not obligate either person to file a formal report, unless they are a supervisor or administrator.

All reports of incidents will be appropriately investigated. The university will promptly report instances of threats or violence on campus to appropriate law enforcement agencies, as required, and fully cooperate with local law enforcement agencies during any investigation.

Definitions

Campus violence is any physical assault, or threatening or harassing verbal or physical behavior, occurring on University premises, in University facilities, or while conducting University business. It includes, but is not limited to, beating, stabbing, shooting, punching or striking, threatening or harassing communication or gestures, or harassment of any nature.

A victim is a person who is subject to an act of violence  as defined above.

A perpetrator is a person who commits an act of violence as defined above.

Procedures

Each university shall adopt procedures consistent with this policy to address campus violence in the workplace, educational environment, other university facilities, and at university events and activities.

Each university shall designate one or more individuals(s) to whom reports of alleged campus violence should be made. Each university will provide for notification of this policy, the individual(s) to contact and local procedures within the university community.

Investigations of reported incidents may be conducted by the university Human Resources office, UMS Investigations Coordinator, appropriate supervisor or manager, Student Judicial Officer, or applicable law enforcement agency, depending upon the specific circumstances.

UMA Campus Violence Policy and Procedures

Consistent with the University of Maine System Policy # 414-Campus Violence, the University of Maine at Augusta is committed to maintaining a respectful and safe learning and working environment. A campus culture of mutual respect and civility is a critical and necessary factor to achieve the University’s goal. Therefore, all faculty, staff and students are advised that the University will not tolerate acts of violence, including domestic violence, against or by any member of the University community or campus visitor in a University facility or at a University-sponsored event.

A member of the faculty or staff who experiences, witnesses, or has information about an alleged threat or violent act on campus, at a University facility, or while engaging in university-related activities is strongly encouraged to immediately notify one of the following individuals:*

  • Robert Marden, Director of Campus Operations

Any student who experiences, witnesses, or has information about an alleged threat or violent act on campus, at a University facility, or while engaging in university-related activities is strongly encouraged to immediately notify one of the following individuals:

  • Dean of Students
  • Associate Dean of Students

Faculty, staff and/or students at an off-Campus Center may contact the above individuals or may contact the Center Director to report such alleged incidents or threats. The Center Director will immediately notify the appropriate UMA administrator about the situation.

The University staff person who receives the information will provide appropriate information, support, and referrals to individuals experiencing threats or acts of violence including acts of domestic violence. The University staff person will talk with the victim to explore what course of action may be most appropriate. The University will provide information about local resources that are available to the victims of domestic or other violence. The University staff person will assist any individual who is a victim of domestic violence develop and institute approaches to assist them and will collaborate with them to implement measures to help protect their own well-being and that of others. UMA faculty and staff may also be referred to the Employee Assistance Program, other community resources, or campus counseling services. The University may assist the victim by making accommodations in the individual’s work schedule, work location, approved leave requests, etc. as appropriate.

The University may provide information to faculty, staff or students who are perpetrators of domestic violence regarding available community resources. This may include providing information regarding counseling and certified treatment resources and, where feasible, facilitating assistance to obtain these services.

University employees who violate this policy may be subject to disciplinary action up to and including termination. Students who violate this policy will be subject to disciplinary action in accordance with the University of Maine System Student Conduct Code. In addition, acts of violence may be reported by the University to the local law enforcement agencies.

*(The University will make available appropriate training and information about available resources to those employees who are designated to assist individuals experiencing domestic violence.)

Please note information listed under Student Conduct Code. It is expected that students in ALL classrooms conduct themselves in such a manner as to not interfere with the educational experience of another student. Please keep in mind that your fellow student’s learning style, tolerance for chatter, or necessary conditions for concentration may differ from your own. Please be considerate and ask if you think there is a chance that you might be disturbing another’s learning. If your learning is being disrupted by another student: 1) inform the student(s) and allow them the opportunity to make the adjustment on their own; 2) if the problem persists, speak with the faculty member, site, center, or campus staff person monitoring your classroom; 3) if you attend at a site and are still not satisfied, contact your local center director; and, 4) if the problem persists, please report it to the Dean of Students in Augusta. Upon investigation, such cases may be brought before the Student Conduct Committee for disposition.

Individuals with the official title, “Counselor,” who are employed by the University System are subject to the state and professional guidelines for counselors which protect a student’s rights and privacy. If a student seeks out a counselor, the information shared will not be shared with others, unless the student gives specific permission to do so. If a confidence cannot be maintained, the counselor has the responsibility to let the student know this before the student discloses information. A counselor is legally and ethically obligated to break a confidence if information is revealed which indicates a clear and imminent danger to an individual or to society, in the occasion of current child abuse/neglect of a person who is incapacitated/unable to advocate for themselves, and in some cases when subpoenaed by a judge. In such cases, the counselor must report the possible danger/information to appropriate individuals pursuant to State of Maine and/or Federal Law.  *Please be aware that only professionals working in a clinical counseling capacity on campus follow HIPAA confidentiality guidance.

Participation in co-curricular activities is an intrinsic part of the educational experience for many UMA students. Many of our finest students represent UMA through their participation in the arts, community service, athletics, etc. Students are urged, whenever feasible, to arrange class schedules to minimize conflicts with such obligations. Faculty members are also urged to make reasonable adjustments for students who must miss class time to represent UMA in co-curricular activities. To facilitate this process, students should notify their faculty of involvement in these activities at the beginning of each semester. Such students may be excused from attending classes but are not excused from any assigned class work or examinations. Faculty should be sensitive to the scheduling conflicts of these students and modify assignment and exam dates as necessary. With an athlete’s permission, the Athletic Department monitors their grades on a regular basis.

The Family Educational Rights and Privacy Act (FERPA) affords University students certain rights with respect to their education records.) These rights include:

1. The right to inspect and review the student’s education records within 45 days after the day the University receives a request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The school official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

2. The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

A student who wishes to ask the University to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.

If the University decides not to amend the record as requested, the University will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

3. The right to provide written consent before the University discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

The University discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official typically includes a person employed by the University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of the university who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the University.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Office of the Chief Privacy Officer (“OCPO”)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

5. Students can make a request that their directory information not be released. Students must submit a Request to Suppress Directory Information form to the Registrar’s Office or through MaineStreet. The request will be honored until such time as the student requests otherwise in writing. In the event that such written notification is not filed, the University assumes that the student does not object to the release of directory information.

Students also have the option to have all directory information released except address, which also excludes email address. Students who would like to allow others, such as a parent, spouse or guardian, to have access to their confidential information should fax or mail the Release of Information Form to the Enrollment Services Center in Augusta. Their fax number is 207-621-3116, and the mailing address is:

UMA, Enrollment Services Center
46 University Drive
Augusta, Maine 04330

FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in 34 CFR § 99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, § 99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student —

  • To other school officials, including teachers, within the university whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) – (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))
  • To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34. (§ 99.31(a)(2))
  • To authorized representatives of the U. S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§ 99.31(a)(3) and 99.35)
  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§ 99.31(a)(4))
  • To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§ 99.31(a)(6))
  • To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))
  • To parents of an eligible student if the student is a dependent for IRS tax purposes. (§ 99.31(a)(8))
  • To comply with a judicial order or lawfully issued subpoena. (§ 99.31(a)(9))
  • To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10))
  • Information the school has designated as “directory information” under § 99.37. (§ 99.31(a)(11))
    Directory information includes:

    • Name
    • Mailing Address
    • University Email Address
    • Program of Study
    • Dates of Attendance
    • Degrees and Awards received (including dates)
    • Most recent previous educational institution attended
    • Participation in sports and activities
    • Class Level
    • Enrollment status (full/part-time)
    • Appropriate personal athletic statistical data
    • *If a student provides a preferred/chosen name, that will be considered Directory Information instead of the legal name. The University will use/release the legal name in cases where the use of the legal name is required (e.g. State and Federal reporting, subpoenas, tax documents, etc.).
  • To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§ 99.31(a)(13))
  • To the general public, the final results of a disciplinary proceeding, subject to the requirements of § 99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§ 99.31(a)(14))
  • To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

The Copyright Law of the U. S. (Title 17, U. S. Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of the specified conditions is that the photocopy or reproduction is not to be used “for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or other reproduction for purposes in excess of “fair use” as defined by Title 17, U.S. Code § 107 – Limitations on exclusive rights: Fair use, that user may be liable for copyright infringement. Video and other dynamic media are subject to additional restrictions and must be approved for use outside traditional face-to-face classroom use.

Contact UMA Librarians for more information.  Check out our Copyright Guide: Copyright Tips-LibGuides at University of Maine at Augusta.

The University of Maine at Augusta prohibits the unlawful possession, use, manufacture, or distribution of illegal drugs at any time on University property and at University activities. Persons known to possess, use, or distribute illegal drugs are liable to public law enforcement sanctions and University disciplinary action. Violation of state and federal laws and campus policies and procedures may result in disciplinary action and criminal proceedings, where applicable, up to and including expulsion or termination of employment and referral for prosecution.

Note: Conviction of a drug-related offense may affect a student’s ability to access federal financial aid programs. (See University Policy.)

When on campus and/or attending class, students should demonstrate responsible behavior and respect for others in their use of electronic communication devices, e.g., cell phones, electronic games. Cell phone conversations should not be intrusive or distracting to other members of the University community. While in class, during exams, or participating in other group activities, the device should be turned off. When this is not feasible, the device should be set to vibrate or soft tone. The use of cell phones is prohibited in all UMA computer labs.

  Revised OHR 7/19/19

Copies of the complete Equal Opportunity Complaint Procedure for the University of Maine System are available from the equal opportunity officer. It also is on reserve in the campus library. These procedures, both informal and formal, are designed to assist students and employees in dealing with and resolving sexual harassment and other discrimination complaints.

 Policy Statement

The University of Maine System is committed to maintaining a respectful, fair work and educational environment, free from discrimination and discriminatory harassment. The goal of the University is to prevent discrimination or harassment from occurring and to provide a means of raising and resolving complaints. The Equal Opportunity Complaint Procedure may be used by any employee or student of the University of Maine System who believes that ze has been discriminated against or harassed by a University employee or the University based on race, color, religion, sex, sexual orientation, including transgender status or gender expression, national origin or citizenship status, age, disability, genetic information or veteran status. Sex discrimination complaints alleging discrimination based on marital status, pregnancy, or parental status may be raised through this procedure; additionally, sex discrimination or sexual harassment complaints alleging sexual assault, stalking, dating violence, and domestic violence may be raised through this procedure.

Applicability

These procedures provide a mechanism for employees and students (including current and former employees and students) to file complaints related to violations of Board of Trustee’s policies including Discrimination and Harassment and/or Consenting Relationship and/or Workplace Violence policies against an employee or the University and for investigation and resolution of such complaints. It shall also provide an avenue of redress for third parties complaining of discriminatory harassment or discrimination in connection with the University.

The University is responsible for providing an accessible environment free of discrimination and harassment whether or not an employee or student chooses to file a complaint using these procedures. The University will take steps to end and prevent recurrence of violations and to correct their discriminatory effects on the Complainant and others. Nothing in this document should be construed to limit the University’s ability to prevent a violation or to take corrective action when the University’s Equal Opportunity Policy or Policy on Sex Discrimination, Sexual Harassment, Sexual Assault, Relationship Violence, Stalking and Retaliation is violated.

Allegations about discrimination or harassment by a student will be handled by the Student Judicial Officer on campus who will apply the provisions in the Student Conduct Code for informal resolution or formal investigation. In such cases the Equal Opportunity Director or Equal Opportunity Administrator may serve as a consultant.

Allegations about discrimination or harassment by a Third Party, such as a campus guest, vendor, or contractor, should be made to the Equal Opportunity Director, Administrator or Officer on campus. Upon receipt of a report or complaint, the University will respond appropriately depending on the nature of its relationship to the Third Party.

More detailed information about complaints alleging sex discrimination, including sexual assault, sexual harassment, relationship violence (i.e., domestic violence and dating violence) or stalking is provided in the University policy which is linked here.

 Definitions

  1. Advisor: A person who advises or supports any party involved in the complaint investigation and adjudication process. Examples of advisors include, but are not limited to, family members, friends, University staff or faculty, union representatives, and legal counsel.
  2. Board of Trustees policies: Such policies include Policies 401, 402, 414, and policies referenced therein.
  3. Complainant: Any person who submits a charge alleging that an employee or the University violated a policy or misconduct occurred. When a person alleges ze has been harmed by an employee or the University’s misconduct, the person who alleges ze has been harmed will also be considered to be a Complainant, even if another person submitted the charge itself. In cases of gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, or stalking, however, the word “Complainant” shall refer only to the person who allegedly has been harmed by the Respondent’s misconduct.
  4. Equal Opportunity Officer: The person who serves as the lead Equal Opportunity representative on one of the UMS campuses. This title can sometimes differ from campus-to-campus and may also be known as Human Resource Partner.
  5. Employee of the University: Employees, including both current and former faculty, staff, student employee, board of trustees, volunteers, and agents of the University, herein referred to as “employee.”
  6. Equal Opportunity Complaint Procedure: This entire document.
  7. Investigations Coordinator: Person(s) or designee(s) responsible for investigating complaints and making written conclusions and recommendations.
  8. Preponderance of the Evidence: The standard of evidence used to determine whether a violation of Board of Trustee’s Discrimination and Harassment and/or Consenting Relationship and/or Workplace Violence policies has been committed. Under the preponderance of the evidence standard, a violation will be determined to have occurred if, based upon the evidence presented, University authorities conclude that it is more likely than not that the violation was committed.
  9. Respondent: An Employee that has been charged with allegedly violating University policy or misconduct.
  10. Responsible Administrator: The Responsible Administrator is the administrator (for example, the dean, director, vice president, or president), who is responsible for acting on the findings and who may also be responsible for making a decision regarding discipline of the Respondent and/or other appropriate corrective action. In the event of an actual or perceived conflict of interest, the Equal Opportunity Officer shall designate an alternate. In the case of dating violence, domestic violence, stalking, or sexual assault involving the Responsible Administrator, the Equal Opportunity Officer must designate an alternate.
  11. Third Parties: Third Parties include University vendors, contractors and members of the public.
  12. Title IX Coordinator/Officer: A role outlined by the Department of Education, this is the individual on the campus who has oversight of Title IX responsibilities. Typically this individual is also the Equal Opportunity Officer for the campus. There may be Deputy Title IX Coordinator/Officer(s) on a campus as well, who have expertise in the area of Title IX and assist in responsibly handling key Title IX compliance
  13. Ze, hir: General neutral pronouns that do not imply male or female.

General Information

  1. Who may file a complaint? Any employee, student, or third party with a concern about discrimination or harassment by an employee or the University should contact the University Equal Opportunity Officer as soon as possible after the alleged incident. Complaints made later than one year after the alleged discrimination or harassment will not result in disciplinary action, absent extraordinary circumstances. Concerns about sex discrimination, including sexual assault, sexual harassment, stalking, dating violence, and domestic violence, may also be raised with the Title IX Coordinator (if ze is different than the Equal Opportunity Officer) or a Deputy Title IX Coordinator. A complaint may be filed by an employee or student who feels ze has experienced discrimination or discriminatory harassment by an employee or the University, or by anyone with knowledge of an incident. When a supervisor or administrator becomes aware of allegations of discrimination or harassment and the person who may have experienced discrimination or harassment is unwilling to file a complaint, the supervisor or administrator must report (as in section 3(b) Who must report allegations, below) and may request that an administrative investigation be conducted. When the Complainant is not the person who may have experienced discrimination or harassment, the University’s ability to investigate and resolve the situation may depend on that person’s willingness to participate in the investigation. Concerns about off-campus or off-duty conduct may be raised when there is a connection between the alleged conduct and the employment, education, job responsibilities, or campus safety of the parties involved or others. The Equal Opportunity Officer will provide information about University policy, start an interactive process, including possible accommodations that may be provided, relevant laws, suggest ways to handle the complaint either informally or formally, and provide referrals to counseling or other support services, as needed.
  2. Who must report allegations?All University employees, except for licensed counselors and health care professionals and designated researchers, are required to promptly report alleged incidents of sex discrimination and sexual misconduct, including sexual assault or sexual harassment, of which they become aware.
  3. Alternate contact. The University will provide a qualified alternate contact in the event that the Equal Opportunity Officer is the subject of a complaint or has a substantial conflict of interest in connection to the Complainant or the Respondent. The Director of the Office of Equal Opportunity shall be the alternate contact: (207) 581-1226. In the event that the Director is the Equal Opportunity Officer, the Equal Opportunity Administrator shall be the alternate contact: (207) 581-1226.
  4. Informal resolution and investigations will be conducted as confidentially as possible to protect the privacy rights of both the Complainant and the Respondent. Consultation with and involvement of other employees, supervisors, Human Resources, and others will be strictly limited to those who may have information about the alleged incident, who need to know that a complaint has been made, or whose job responsibilities include equal opportunity matters. In order to protect the privacy of those involved in the complaint and the effectiveness of the investigation, all individuals involved are strongly encouraged not to discuss information about the complaint within the University except with the investigator, Equal Opportunity or Human Resources staff, advisors, or their union representative. The Complainant and Respondent may discuss the matter with family and others outside the University as necessary for support and guidance and may obtain assistance from University counseling professionals or the Employee Assistance Program.

Right to Representation

  1. The Complainant and Respondent have the right to an Advisor of their choice.
  2. Bargaining unit members.The University shall inform a bargaining unit member who is the Complainant or Respondent of the right to be accompanied by a union representative.
  3. Students and non-represented employees. A student or non-represented employee, as either Complainant or Respondent, shall have the right to be accompanied by an advisor of their choice. An advisor, including an attorney, may attend any meeting with the Complainant or Respondent.

Access to Materials; Time Limits; Retaliation

  1. The University shall provide timely and equal access to the Complainant, Respondent and appropriate officials to any information that will be used during informal and formal disciplinary meetings.
  2. Time limits. University staff responsible for this process will respond to complaints as expeditiously as possible and will attempt to meet all deadlines, but failure to do so will not prevent the complaint process from continuing. Deadlines in this procedure are intended to serve as outside limits for actions to occur. All deadlines refer to calendar days.
  3. Retaliation against anyone who makes a complaint of discrimination or harassment or who is involved in a complaint process is illegal and constitutes a serious violation of University policy. Retaliatory action will be regarded as a basis for a new complaint under these procedures.

 Informal Complaints

The University’s experience is that most complaints can be resolved through an informal process. By its nature an informal process is less procedurally detailed than a formal process. The informal process provides the maximum privacy and an opportunity for the earliest possible resolution for everyone concerned. Informal resolution is never appropriate in sexual assault cases.

If the Complainant wishes to explore an informal investigation or resolution of the matter the Equal Opportunity Officer will provide assistance without fully investigating the allegation. The objective of the informal process is to seek a resolution to which all parties involved can agree or to otherwise resolve the problem. The Equal Opportunity Officer may suggest that the Complainant speak directly to the Respondent or may act as an intermediary or set up a structured mediation. A Complainant may request that the Respondent not be informed of the Complainant’s identity if this is not essential to resolve the complaint informally. The Equal Opportunity Officer may also gather information from other sources in an effort to resolve the complaint. A person who files a complaint may choose to withdraw the complaint. Alternatively, a Complainant may decide at any time to stop the informal process and file a formal complaint.

If a Respondent elects not to participate in an informal process, that choice will not be regarded as evidence of anything. However, a Respondent’s non-participation does not alter the University’s responsibility to investigate and to make decisions based on available information. Attempts to resolve an informal complaint will normally be completed within sixty (60) days from the date of the complaint.

If a complaint cannot be resolved informally, the Complainant or the Equal Opportunity Officer may request a formal investigation.

 Formal Complaints

  1. Filing a complaint. An Employee, student, or Third Party who wishes to file a formal complaint about an employee or the University should contact the Equal Opportunity Officer. Investigation of a formal complaint about an employee or the University will normally be conducted by the Investigations Coordinator in the System Office of Human Resources. If the Investigations Coordinator is the subject of the complaint or is not available, a qualified alternate investigator will be designated by the University of Maine System (UMS) Director of the Office of Equal Opportunity.
    An employee or student who wishes to file a formal complaint about a student should contact the Student Judicial Officer on campus. See section 1, Applicability.
    The complaint should be filed as soon as possible after the alleged incident or unsuccessful efforts to resolve the situation informally. A formal complaint must be put in writing and signed by the Complainant. The complaint shall specify the incident(s) giving rise to the complaint. When possible, dates and location of incidents and potential witnesses shall be identified.
    A person who files a complaint may choose to amend or withdraw a complaint any time before the Investigator’s report is issued. The University will attempt to balance the wishes of a Complainant who does not want to file a formal complaint or who wishes to withdraw a complaint after it has been filed with the University’s responsibility to investigate serious allegations and take prompt corrective action.
    If you are a student, staff, or faculty of the University OR if you are an individual who wishes and to initiate a complaint or investigation, please click here
  2. Notifying the Respondent. The Respondent named in a formal complaint will be informed in writing within seven (7) days of the filing of the formal complaint of the nature of the complaint and the Complainant’s identity. The Respondent shall also be notified of any changes in the nature of the complaint. At any point in the complaint process, the University may place the Respondent on leave with pay. When necessary, the University may issue a timely warning notice to the campus community which will not include identifiable information about the Complainant or Respondent.
  3. Investigative process. The Investigations Coordinator or hired designee will communicate with the Complainant and Respondent. The Investigations Coordinator shall provide prior notice to a party of investigatory meetings between the Investigations Coordinator and the other party. The Investigations Coordinator may also interview witnesses, supervisors, or other persons who have information about the alleged incident, and may review personnel, public, or other records relevant to the complaint. Prior allegations made about the Respondent and findings about prior incidents of discrimination or harassment involving the Respondent shall not be considered in determining whether the present allegation is substantiated.
  4. The Investigations Coordinator will use a preponderance of the evidence standard in determining whether any University of Maine Board of Trustees policy has been violated or other misconduct has occurred. The Investigations Coordinator will submit findings in writing to the Responsible Administrator, the Complainant, the Respondent, the University Equal Opportunity Officer, and the University Human Resources Director normally within sixty (60) days of receiving the formal complaint. If an extension is necessary for good cause, a delay may occur. Written notice of the delay and the reason for the delay shall be provided to the Complainant and the Respondent.
  5. Responsible Administrator duties: The role of the Responsible Administrator is to determine whether to agree with the Investigator’s findings. The Responsible Administrator shall review the Investigator’s Report, may meet with Complainant and Respondent, and may consult with the Investigation Coordinator. For Title IX, domestic violence, dating violence and stalking violations, if the Responsible Administrator meets with one party, ze must meet with the other. The Responsible Administrator must notify the parties in writing of hir decision within 14 days of receipt of the investigator’s report. The letter of decision shall include a description of the applicable appeal rights.

Administrative Investigation

  1. Filing a complaint. A supervisor or administrator who wishes to request an Administrative Investigation should contact the Equal Opportunity Officer. The investigation will normally be conducted by the Investigations Coordinator in the System Office of Human Resources. If the Investigations Coordinator is the subject of the complaint, has a conflict of interest or is not available, a qualified alternate investigator shall be designated. The Administrative Investigation should be requested as soon as possible after the alleged incident(s) or unsuccessful efforts to resolve the situation have occurred. An Administrative Investigation request must be put in writing and signed by the supervisor and/or administrator(s).
  2. Notification of the Respondent, Investigative Process, and Findings. The procedures outlined in the Notification of the Respondent, Investigative Process, and Findings sections concerning Formal Complainants shall also apply to Administrative Investigations.

 Appeals of Formal Complaints and Administrative Investigations.

Either the Complainant or Respondent may file an appeal if:

(1) relevant procedural errors are alleged, and/or
(2) factual errors or omissions of relevant facts provided to the investigator; or
(3) new evidence has become available which was not available at the time of the investigation.

An appeal must be made in writing to the University System Equal Opportunity Director or hir designee within seven (7) days of being notified of the Responsible Administrator’s decision. If the Equal Opportunity Director did the intake of the complaint, then the University of Maine System Equal Opportunity Administrator shall review and decide the appeal.  The appeal may be filed electronically or via US Mail.  The appeal must state the reason(s) for the appeal. The University System Equal Opportunity Director will review the written record utilizing the preponderance of evidence standard and may request additional information from the Investigations Coordinator, Complainant, Respondent, Responsible Administrator, or others with direct knowledge about the complaint. The Equal Opportunity Director’s review and decision will be completed within fourteen (14) days and will be reported in writing to the Complainant, Respondent, Investigations Coordinator, Equal Opportunity Officer, Responsible Administrator, and University President. The final decision on an appealed complaint rests with the System Equal Opportunity Director; the Equal Opportunity process is complete following the review and decision by the Equal Opportunity Director.

 Remedies

If the Responsible Administrator determines that there was a violation of Board of Trustee policy, the Responsible Administrator must refrain from imposing discipline or holding a pre-disciplinary hearing until the Equal Opportunity process is complete.

Upon completion of the Equal Opportunity process, if the Responsible Administrator concludes that there was a violation of Board of Trustee policy, ze must hold a pre-disciplinary hearing, consulting with the Human Resource partner for hir department. In considering the appropriate corrective action, the Responsible Administrator may consider properly established records of previous conduct and the seriousness of the violation. A complaint made more than twelve (12) months after the incident shall not normally be the basis for disciplining a Respondent. However, where there are allegations of discrimination or harassment made within the twelve (12) month period and a longer pattern or practice of discrimination or harassment exists; or the substantiated misconduct is egregious, the Responsible Administrator shall consider the totality of events in determining appropriate discipline. Appropriate discipline may range from an oral reprimand up to and including termination, or any other appropriate remedial action.

Following any pre-disciplinary hearing on a complaint of sexual assault, domestic violence, dating violence, or stalking made under this procedure, both the Complainant and the Respondent will be simultaneously informed, in writing, of: (1) the outcome of any disciplinary proceeding that arises from the alleged violation including all sanctions and the rationale for the result and sanctions; (2) the procedure for the Respondent and Complainant to appeal the results of the disciplinary proceeding; (3) any change to the results that occurs prior to when they become final; and (4) when the results are final. Neither party will be required to abide by a non-disclosure agreement in writing or otherwise regarding the final results of the disciplinary proceeding.

A Respondent who is disciplined after a complaint has been substantiated may grieve the discipline by filing a grievance according to the procedures in the appropriate collective bargaining agreement or non-represented employees’ grievance procedure. In any case of sexual assault, domestic violence, dating violence, or stalking, the Complainant may also appeal the appropriateness of the disciplinary decision within seven (7) days to the administrator responsible for determining the discipline to be imposed.

 Written Records

The kinds of written records relating to a charge of discrimination or harassment that may be placed in an employee’s official personnel file include: any document that has been mutually agreed to by the University and the employee; a letter issued by the Responsible Administrator to the employee at the conclusion of a formal investigation, which notifies the employee about discipline to be imposed or other remedies; or a settlement agreement between the parties. As applicable, inclusion of such information in the personnel file shall be in accordance with the relevant collective bargaining agreement.

Other written records of informal or formal complaint investigations will be retained in a secure file by the Equal Opportunity Officer and Investigations Coordinator.

 Alternative Procedures

Employees and Third Parties are encouraged to use the Equal Opportunity Complaint Procedure to address any complaints of discrimination or harassment based on protected class status. As an alternative, an Employee or Third Party may also elect to file a grievance under the provisions of the applicable collective bargaining agreement or non-represented employees’ grievance procedure, if the alleged incident is also a violation of the agreement or handbook. This action may be in addition to, or in the place of, the procedures described above. A grievance alleging illegal discrimination or discriminatory harassment will be investigated by the Investigations Coordinator as described above (Section 10, Remedies) in accordance with the applicable grievance procedure.

An Employee or Third Party who wishes to use the Equal Opportunity Complaint Procedure but also to preserve hir right to file a grievance must ask for, and normally will be granted, an extension of the initial deadline for filing a grievance. Such a request shall be made in writing before the initial deadline for filing a grievance passes by the bargaining agent or the non-represented employee to the University administrator with authority to grant an extension.

A Complainant may also file criminal charges or a complaint or suit with an outside agency, including the Maine Human Rights Commission, U.S. Equal Employment Opportunity Commission, or U.S. Department of Education Office for Civil Rights even if ze files a complaint of discrimination or harassment under these procedures; in such an event, the University shall proceed with the complaint using this complaint procedure. If an Employee or Third Party elects to file a complaint with an outside agency instead of going through these procedures, the University shall initiate an administrative investigation upon receipt of the outside agency complaint.

Academic Freedom

Harassment based on sex, race, or other protected characteristics includes verbal conduct which unreasonably interferes with an individual’s work or academic performance or creates an intimidating, hostile, or offensive work or educational environment. However, harassment does not include verbal expression which is relevant to course subject matter, and University procedures for handling harassment complaints shall not abridge academic freedom.

 Dissemination of Procedures

A summary of the Equal Opportunity Complaint Procedure is available to all employees, students, and Third Parties. Periodic notices sent to students, employees, and supervisors about the University’s Board of Trustee policies will include information about the complaint procedure and will refer individuals to the Title IX Coordinator, Equal Opportunity Officer, or the University website for additional copies.

The Equity in Athletics Disclosure Act (EADA) is an annual report that colleges must file with the U.S. Department of Education Office of Postsecondary Education concerning intercollegiate athletic participation rates, staffing, and revenues and expenses, by men’s and women’s teams. The Department uses the data to report to Congress on gender equity in intercollegiate athletics. The electronic version is available through UMA Annual Equity in Athletics Report. A print version is available upon request by contacting the Office of Student Life.

In the event of a fire or other emergency, these procedures should be followed when evacuating the building. Be aware of all the marked exits from your area and building. An emergency evacuation plan is posted in all occupied spaces:

  • Remain quiet and calm.
  • Close all doors and windows in your area as you leave, if you can do so safely.
  • Assist anyone with special needs to the nearest area of refuge (i.e., the area inside a stairway behind a closed fire door).
  • Walk quickly to the nearest marked exit and ask others to do the same. Do not use the elevators.
  • Once outside, proceed to the designated regrouping areas and ask others to join you.
  • Report the names and locations of any individuals who are waiting for assistance to University administrators or to the official in charge.
  • Do not reenter the building. Keep all walkways and roadways clear for emergency vehicles.

Augusta Regrouping Areas

Building Regrouping Area
Jewett Hall Bennett D. Katz Library Lobby
Bennett D. Katz Library Jewett Hall Auditorium
Michael Klahr Center Jewett Hall Auditorium
Randall Student Center Bennett D. Katz Library Lobby
Fine Arts Building Jewett Hall Auditorium
Arts Building Jewett Hall Auditorium
Modular Bldg I and II Jewett Hall Auditorium
Mail Room Farmhouse
Photography Mod Farmhouse
Alumni Center Farmhouse
Robinson Hall Farmhouse
Capital Center Capital Center Parking
Stoddard House Farmhouse
Augusta Civic Center Farmhouse
Farmhouse Alumni Center
Ceramics Studio (Pottery Shop) Farmhouse
Handley Hall Rhines Hill Parking Lot
Erskine Hall Stevens Quad
Stevens Hall Stevens Quad
Cleveland Hall Stevens Quad

Bangor Regrouping Areas

Building Regrouping Area
Acadia Hall College Center Lobby
College Center Eastport Hall Huskins Lounge
Eastport Hall Belfast Hall Nottage Library
Belfast Hall Eastport Hall Huskins Lounge
Lewiston Hall Belfast Hall Nottage Library
Bangor Hall Fitness Center
Camden Hall Fitness Center
Fitness Center Belfast Hall Nottage Library

For continued financial aid eligibility and compliance with federally mandated requirements, a Financial Aid Satisfactory Academic Progress Policy is provided to financial aid recipients of UMA. All students receiving financial aid must successfully complete a given number of credits in comparison to those attempted and students must maintain a specified cumulative grade point average. A student is also required to complete the program within a specified time frame. An online copy of the policy is available here or in person at the Office of Financial Aid in Augusta.

A student who fails to meet these standards has the ability to submit an appeal to the Office of Financial Aid; the documentation should be submitted at least two weeks prior to the start of the next term. If the appeal is successful, the student will be issued a contract that clearly outlines the terms in which a student can come back into compliance.

Please see Possession of Weapons, Firearms and/or Ammunition.

Introduction:

The University of Maine at Augusta (UMA) is committed to free and open inquiry and
expression in all matters. It guarantees all members of the university community the
broadest possible latitude to speak, write, listen, challenge and learn. With the
exception of certain limitations (time, place, manner) on that freedom which are
necessary to the functioning of the university, the University of Maine at Augusta fully
respects and supports the freedom of all members of the university community to
discuss, debate, write, assemble and/or demonstrate regarding any issue or problem.
The ideas of members of the university community will frequently and naturally conflict,
but it is not the appropriate role of the University to shield individuals from opinions and
ideas that could be unwelcomed, disagreeable, or even acutely or deeply offensive.
Although civility and mutual respect are greatly valued and all community members
should take responsibility for maintaining a climate of mutual respect, concerns about
civility and mutual respect can never be used as a justification for closing off the
discussion of thoughts and ideas no matter how offensive or disagreeable those ideas
and thoughts might be to some members of the community. It is for individual members
of the university community, not for the university as an institution, to respond to such
ideas for themselves, and to take action not by seeking to suppress speech, but to
openly and vigorously contest the ideas they oppose with more speech.

For additional information on free speech and assembly, please see the University of
Maine System, Board of Trustees policy Policy Manual – Free Speech, Academic
Freedom, & Civility – University of Maine System

Policy:

UMA fully supports and encourages free speech, freedom of expression, and freedom
of assembly. In an effort to avoid disruption to University business and academic

activities, an area on each campus has been designated for freedom of speech and
assembly purposes/ events. The free speech and assembly areas on each campus are
as follows: on the Augusta campus, the Randall Student Center Campus Green (outside
quad area), and on the Bangor campus, the Lewiston & Belfast Hall Campus Green. For
free speech and assembly events at UMA Centers, please contact the Center Director
for guidance. Additional limitations to free speech and assembly include:
1. The activity cannot disrupt or interfere with the normal operation or activity of
the University; and

2. The activity cannot block or interfere with the safe ingress and/or egress from
the indoor or outdoor site for participants and/or for emergency
personnel/vehicles.

The normal operation and activity of the University includes but is not limited to:
teaching; research; performances; events/contests; basic facility, farm and grounds
operations; and similar functions. Safe ingress and egress from indoor and outdoor sites
includes but is not limited to: vehicular and pedestrian traffic flow on roads, sidewalks,
driveways, etc.; proper door opening/closing/access; and use of and access to foyers,
vestibules and atria.

Requirements and Recommendations (Process):

1) It is required that individuals planning events, activities, and speakers on campus
where the anticipated attendance will be 50 or more, where the use of fire/fire pit
is part of the event, where the use of fireworks is part of the event, and/or where
the use of alcohol is part of the event, engage in the event management process.
Please refer to the Security and Safety Requirements for UMA Events policy.
Additionally, event planners must be sure to complete the Event manager
Security/ Safety Planning Form on page 16 of the policy. The Event Management
Process (EMP) is a pre-event planning process that helps individuals, student
organizations, departments and outside groups to safely prepare and hold events

and activities on campus. Further, it allows preparation for contingencies such as
inclement weather, risk management/safety concerns, competing
events/activities, security needs, road/parking lot closures, redirection of normal
vehicular or pedestrian traffic, use of fireworks/fire pits, use of games of chance,
etc. Groups not affiliated with the University of Maine at Augusta and campus
departments should contact Rob Marden, Director of Campus Operations at
(207) 621-3103 or robert.marden@maine.edu to begin the event management
process. Students and student organizations should contact the Dean of
Students office to begin the event management process at (207) 621-3154 or
http://deanofstudentsoffice@maine.edu/. The earlier the EMP process is initiated,
the better, however a minimum of two weeks prior to the scheduled event date is
highly recommended.

2) For individual planning free speech and assembly-related events that do not
entail the above listed criteria that require the Event Management Process,
please fill out the UMA Event Registration form to request to register
your event. For questions or assistance with this process please contact the
Dean of Students office at (207) 621-3154 or
http://deanofstudentsoffice@maine.edu/.

General Information:

1) In order to preserve the academic functioning of the University, amplified sound,
including but not limited to microphones, speakers and megaphones, is prohibited on
the Mall between 7:30 a.m. -7:30 p.m. Mondays-Fridays. Exceptions to this general ban
may be given to University departments and/or recognized student organizations:
location limited to campus quad area (outside of Katz Library, Klahr Center, and Randall
Student Center) and near vicinity, sound amplification is provided/controlled by the
University (campus security), and the time frame for the event is 12:00 noon-1:00 p.m.

2) Planning assistance, including making space and equipment reservations, and
compliance with the University’s Event Management Process, are highly recommended
and in some cases required (ex. use of fire and/ or fireworks, events with 50+
attendants). Outside groups and campus departments should contact Rob Marden,
Director of Campus Operations at (207) 621-3103 or robert.marden@maine.edu.
Students and student groups should contact the Dean of Students office at (207) 621-
3154 or http://deanofstudentsoffice@maine.edu/.

3) Commercial solicitation is not permitted in any University of Maine at Augusta
building, except as noted below.

4) Athletic and recreational indoor and outdoor spaces are also available by contacting
those units directly to make reservations and other arrangements (rental fee,
equipment, etc.).

5) For safety reasons, do not block ingress and/or egress to sidewalks, roadways,
crosswalks, and/or parking areas.

Updated: December, 2023.

Guests (including children) are not normally allowed to attend UMA classes. Only in the event of an emergency and/or non-routine situation may a student seek an exception to this policy. If not already prohibited in the course syllabus, the request for an exception must be made to the responsible faculty member prior to bringing the guest into the classroom. Faculty members have the authority to decide if guests may be allowed in the classroom. Faculty and the student will consider issues of safety and may consider the appropriateness of course content in making such decisions. It is the student’s responsibility to make sure guests do not disrupt the educational environment of the class. If the guests do cause a disruption, the faculty member shall request or insist that the guest(s) leave or be removed from the classroom.

Faculty and students must also abide by the University policy that prohibits children under 18 from entering University laboratories, shops or other potentially hazardous work areas without the written permission of the director of campus safety and security.

This policy applies to both campuses. Centers and sites may have a different policy. In the event that no policy exists at a center or site, the UMA campus policy will be in effect. This policy does not apply to other campuses of the University of Maine System where their own policies supersede this one.

WHAT YOU NEED TO KNOW

It exists.  It will continue to exist unless we do something about it.  The University of Maine System will not tolerate harassment by ANYONE in our community.  This section provides information to increase awareness about discriminatory and non-discriminatory harassment. It:

  • Identifies discriminatory harassment and how it differs from non-discriminatory harassment
  • Describes what to do about harassment and who must report it
  • Explains where to get help if you believe you may be experiencing harassment

The University of Maine System is committed to providing an educational and work environment that recognizes and respects the dignity of all students, faculty, and staff. Harassment of any form undermines this important commitment and is not acceptable within the university community.

Words and actions can damage morale, motivation, and community. The pain inflicted might be intentional or accidental, but if it is sufficiently serious enough to deny or limit a student or employee’s ability to participate in or benefit from the University’s programs or employment, it is inappropriate and may violate University policy.

We must be sensitive to the harmful effects of behavior. We can express our opinions and voice even strong disagreement without using statements or actions that harass others.

Balancing individual and group rights and responsibilities and promoting respect, civility, and a sense of community are sensitive matters that require attention by each student, faculty, and staff member at our universities.

UMS Board of Trustees Equal Opportunity Policy (401):

“In complying with the letter and spirit of applicable laws and pursuing its own goals of diversity, the University of Maine System shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, transgender status, gender expression, national origin, citizenship status, age, disability, genetic information, or veteran status in employment, education, and all other programs and activities. The University will regard freedom from discrimination and discriminatory harassment as an individual employee and student right which will be safeguarded as a matter of policy.”

UMS Board of Trustees Sexual Harassment Policy (402):

The University of Maine System (“the University”) is committed to providing a safe environment that promotes the dignity and worth of each member of the community. In complying with the letter and spirit of applicable laws and in pursuing its own goals of diversity, the University does not discriminate on the basis of sex in employment, education, and all other programs and activities. For this reason, the University will not tolerate sex discrimination, sexual harassment, sexual assault, dating violence, domestic violence, stalking, or retaliation in any form. All conduct of this nature is considered a violation of this policy.

UMS Board of Trustees Campus Violence Policy (414):

The University will not tolerate acts of violence against or by any member of the University community. Campus violence is any physical assault, or threatening or harassing verbal or physical behavior occurring on University premises, in University facilities, or while conducting University business.

 WHAT IS HARASSMENT?

Harassment is unwelcome behavior that is sufficiently serious enough to deny or limit a student or employee’s ability to participate in or benefit from the University’s programs or employment. Harassing behavior may be verbal, written, physical, or graphic (including on-line postings and messages). All types of harassment are prohibited by University policies.

Discriminatory harassment occurs when the harassment is directed toward an individual based on protected class status, including race, color, religion, sex, sexual orientation, transgender status, gender expression, age, national origin, citizenship status, genetic information, or veteran status. Discriminatory harassment is also prohibited by both state and federal law. More information about discriminatory harassment based on sex is provided in the UMS Sexual Harassment brochure online.

Non-discriminatory harassment is harassment that is not based on a protected class. Examples of non-discriminatory harassment include harassing a student for being a member of a conservative campus club or harassing an employee who is new to the department. All forms of harassment constitute misconduct when committed by an employee and a violation of the Student Conduct Code when committed by a student.

Discriminatory harassment is also a violation of the University’s Equal Opportunity and Sexual Harassment policies and the Student Conduct Code, and non-discriminatory harassment may be a violation of the Campus Violence Policy.

Not every unpleasant interaction, offensive comment, or disagreement constitutes harassment. Harassment occurs when unwelcome behavior is sufficiently serious enough to deny or limit a student or employee’s ability to participate in or benefit from the University’s programs or employment. However, even if the conduct does not meet the narrow definition of harassment under University policies or the law, it may be misconduct in the workplace or the educational environment and could lead to corrective or disciplinary action.

Not every unpleasant interaction, offensive comment, or disagreement constitutes harassment. Harassment occurs when unwelcome behavior is sufficiently serious enough to deny or limit a student or employee’s ability to participate in or benefit from the University’s programs or employment. However, even if conduct does not meet the narrow definition of harassment under University policies or the law, it may be misconduct in the workplace or the educational environment and could lead to corrective or disciplinary action.

 WHAT YOU CAN DO ABOUT HARASSMENT

If you are a student or employee who experiences or witnesses harassment:

SPEAK UP. If someone’s behavior makes you uncomfortable, say so clearly and without delay. Tell the person that the behavior is unwanted and that it needs to stop. You are not required to talk with the person directly, but that is often the simplest and most effective way to get the behavior to stop.

KEEP RECORDS. Write down what happened. Include names, dates, times, witnesses, and a description of what the person did or said as well as your response.

TELL SOMEONE. Being quiet or stoic about the behavior allows it to continue. If you need assistance approaching the person whose behavior is harassing or if the behavior is severe, talk to your supervisor, advisor, or another University official. If the person you believe is harassing you is your supervisor or advisor, go to someone else. Each campus has designated resources listed in this brochure where you can find someone to listen to your experience and guide you.

If you are an employee:

You have a responsibility to take action when you become aware of any form of harassment by reporting it to the appropriate office. Under state and federal law you also have a legal responsibility to report sexual harassment.

If someone reports harassing behavior to you, listen carefully and encourage the person to contact the campus resource office listed in this brochure. If the person does not wish to initiate contact or if you witness harassing behavior directed toward a student or employee, it is essential that YOU advise the applicable campus office. There are different resource offices depending on whether the alleged harassment is discriminatory or non-discriminatory and on whether the alleged harasser is an employee, a student, or someone from outside the University.

 If you are a faculty member:

Be aware of classroom behavior and interactions with students that may constitute or be perceived as harassment. Be aware of how interactions with other faculty may cross the line between energetic discussion and harassment that creates a hostile environment.

If a student engages in harassing conduct in your class, you have a responsibility to take action to intervene effectively. Contact the Dean of Student’s office to report the situation and get assistance in addressing it.

 HOW TO REPORT HARASSMENT AND GET HELP

For all situations alleging that a student has engaged in discriminatory or non-discriminatory harassment, contact the campus Dean of Students office. The reported conduct will be handled as provided in the Student Conduct Code, available online.

 DISCRIMINATORY HARASSMENT BY AN EMPLOYEE OR THIRD PARTY

Copies of the Equal Opportunity Complaint Procedure are available in the Equal Opportunity, Human Resources, and Student Affairs Offices.  Complaints may be filed online.

All members of the University community are encouraged to use this procedure when the alleged harasser is an employee or third party. Sexual harassment complaints may also be filed by students or employees with the Maine Human Rights Commission, State House Station 51, Augusta, ME 04333, (207) 624.6290 or with the U.S. Dept. of Education Office for Civil Rights, 5 Post Office Square, Boston, MA 02109, (617) 289.0111. Employees may choose instead or in addition to file a grievance.

Staff in the HR or Student Affairs office will discuss with you both informal and formal options for resolving the problem. The goal of the informal process is to assist you in resolving the matter in a way that is acceptable to everyone. If the problem cannot be resolved informally and the person with whom you have a problem is an employee, you may file a formal complaint online.

 WHAT IS A HOSTILE ENVIRONMENT?

A hostile environment is created when unwelcome behavior is sufficiently serious enough to deny or limit a student or employee’s ability to participate in or benefit from the University’s programs or employment.

SERIOUS: Conduct does not necessarily have to be repeated to constitute harassment. If sufficiently serious, single or isolated incidents can create a hostile environment. While there is no definition of what constitutes “serious” behavior, seriousness may be determined by whether the behavior is physically threatening or harmful as opposed to being merely offensive.  A series of lesser incidents may also have a cumulative effect over time of creating a hostile environment.

 HOW TO REPORT HARASSMENT AND GET HELP

The University of Maine System’s Office of Equal Opportunity can help you with filing a formal complaint.

A formal complaint will be investigated by the University of Maine System’s Office of Equal Opportunity. The University of Maine System investigator will talk with individuals, gather documents, and determine whether discriminatory harassment, a violation of other University policy, or other misconduct has occurred.

 NON-DISCRIMINATORY HARASSMENT BY AN EMPLOYEE OR THIRD PARTY

Report concerns or complaints about non-discriminatory harassment by an employee or third party (an individual who is neither an employee nor student) to the campus Human Resources Office.  Both formal and informal processes are available to respond to complaints of non-discriminatory harassment.

REPORTING REQUIREMENTS UNDER TITLE IX

Federal law – Title IX of the Educational Amendments Act of 1972 – prohibits sex discrimination, including sexual harassment and sexual assault, in educational institutions.

THE UNIVERSITY OF MAINE SYSTEM HAS ESTABLISHED THAT ALL EMPLOYEES ARE TITLE IX MANDATORY REPORTERS.  THIS MEANS THAT ALL EMPLOYEES MUST REPORT SEXUAL HARASSMENT, SEX DISCRIMINATION, AND SEXUAL ASSAULT THAT THEY WITNESS OR RECEIVE INFORMATION ABOUT.

RETALIATION AGAINST ANYONE FOR MAKING A COMPLAINT, REPORTING ALLEGED HARASSMENT, OR PARTICIPATING IN AN INVESTIGATION OF ALLEGED HARASSMENT IS A VIOLATION OF UNIVERSITY POLICY AND THE LAW AND WILL NOT BE TOLERATED.

 FREEDOM OF SPEECH

Freedom of speech is of paramount value to our University. The constitutional rights of all members of the University community to express themselves must be protected, not punished. Great care must be taken not to inhibit open discussion, debate, and expression of personal opinion, particularly in the classroom.

As students, faculty, and staff and as an educational institution, we can individually and collectively use “more speech” to prevent and respond to offensive protected speech by others.

WE CAN:

  • Promptly and clearly speak out against offensive words and actions when they occur.
  • Be models of the type of civil, respectful behavior that is expected of everyone in the University.
  • Resolve disputes in a constructive manner through discourse, mediation, and education.
  • Actively work to promote a campus climate and work environment that is inclusive and welcoming to all persons.

However, freedom of speech is not a shield behind which a person can harass others. “Fighting words” – words that would provoke a reasonable person to respond with violence – may constitute harassment and are not protected free speech. Neither is slander or libel.

When verbal conduct is sufficiently serious enough to deny or limit a student or employee’s ability to participate in or benefit from the University’s programs or employment, it is harassment.

The Erase Harassment in Our Community brochure was developed by the System Office of Human Resources and the UM Equal Opportunity Office, in collaboration with Indigenous Resistance Against Tribal Extinction (IRATE). Parts of this brochure are adapted with permission from a publication by Oregon State University.

 Non-Discrimination Notice

The University of Maine does not discriminate on the grounds of race, color, religion, sex, sexual orientation, transgender status, gender expression, national origin, citizenship status, age, disability, genetic information or veteran’s status in employment, education, and all other programs and activities. Please contact the Director, Equal Opportunity, 101 North Stevens Hall, Orono, ME 04469 at 207-581-1226 (voice), TTY 711 (Maine Relay System), equal.opportunity@maine.edu with questions or concerns.

In accordance with the policy of the State of Maine as set forth in Chapter 159 of the Public Laws of 1983 (20-A M.R.S.A. 10004), the Board of Trustees of the University of Maine System reaffirms its policy that the injurious hazing of any student enrolled at any institution of the University of Maine System is prohibited. In order to implement that policy and comply with State Law, the Board of Trustees of the University of Maine System adopts these rules:

  1. No person or organization shall create, or permit to exist, any situation that recklessly or intentionally endangers the mental or physical health of a student enrolled at any institution of the University of Maine System.
  2. Each organization affiliated with any institution of the University of Maine System shall adopt and include these rules as part of its by-laws or other governing document. Each such organization shall advise the Office of the President of each campus with which it is affiliated, in writing, within sixty days after the adoption of this policy, of such adoption and inclusion; and shall thereafter notify the Office of the President, in writing, forthwith, of any change or amendment relating to these rules or to such adoption and inclusion.
  3. Any organization affiliated with any campus of the University of Maine System that violates these rules shall lose all right to conduct activities on any campus of the University of Maine System and all right to receive any other benefit of affiliation with any campus of the University of Maine System.
  4. Any person associated with any institution of the University of Maine System as a student, administrator, faculty member or in any other capacity, whose conduct violates these rules, shall be subject to suspension, expulsion, or other appropriate disciplinary action.
  5. Any person, not associated with the University of Maine System, whose conduct violates these rules shall be ejected from, and shall thereafter be banned from re-entering, any campus of the University of Maine System.
  6. Any disciplinary action, penalty, or sanction enforced under these rules for conduct violating these rules shall be in addition to, and not in limitation of, any other civil law or criminal law process, procedure or penalty arising from the conduct concerned.
  7. The administration and enforcement of these rules within each institution of the University of Maine System shall be the responsibility of those persons and administrative officers at each campus of the University of Maine System who have responsibility for the administration and enforcement of the Student Conduct Code. Such administration and enforcement shall be pursuant to the Student Conduct Code and in accordance with the policies and procedures including, without limitation, the appeal procedures of that Code.
  8. A copy of these rules and of the Student Conduct Code shall be given to all students enrolled at each institution of the University of Maine System. Appropriate announcements of the existence of these rules, of the Student Conduct Code, and of the availability of copies shall be made at least annually through appropriate and usual campus notification procedures. The failure of any student, administrator, faculty member or any other person associated with the University to have received such copies or to have actual knowledge thereof shall not be justification for, or excuse, any failure to comply with the said policy or these rules.

On August 21, 1996, Congress enacted The Health Insurance Portability and Accountability Act (HIPAA), which established a set of national standards for the protection of certain health information. The University, as a covered entity, is responsible for maintaining these standards.

The Consumer Product Safety Commission has brought forward safety concerns associated with battery operated self-balancing hoverboards, also known as IO Hawks, Skywalkers, Swagways, etc., with many of these risks revolving around the hoverboards’ batteries catching fire during use or while charging. Due to the potential impact on the safety of our community posed by hoverboards, UMA prohibits the use of, storing and or charging of all battery operated self-balancing hoverboards on UMA grounds or within UMA buildings. This ban will be reviewed once safety standards are developed and are implemented on all models of hoverboards.

Based on Maine law, the University of Maine System requires students to be immunized against certain diseases and submit official immunization records prior to attending classes, or participation in university activities.

Maine state law requires that all degree-seeking students and full-time, non-degree students born after December 31, 1956 to provide proof of the following immunizations:

  • One (1) dose of Tetanus/Diphtheria (Td or Tdap) received within the last ten (10) years.
  • Two (2) doses of Measles, Mumps, and Rubella (MMR) received after (not on) the first birthday. If measles immunization was done prior to 1968, students must provide proof it was done with a live virus.

Lab results of titer tests showing immunity to Measles, Mumps, and Rubella are accepted as long as they are signed or stamped and clearly indicate immunity to all three diseases.

Immunization records must indicate the date of immunization and the immunization agent, and are REQUIRED to be signed or stamped by a physician, nurse, public health official, or school health provider who administered the immunization. Official school or military health records may also be accepted as proof of immunization, as long as they were based on certificates of immunization, and state, at a minimum, the month and year that the immunization was administered.

Documentation must be provided to the Registrar’s Office in Augusta in order to comply. 

See Acceptable Use of Information and Information Systems

All foreign nationals, including those with “F” or “J” student status, must report to the international student advisor as soon as possible after arrival in this country. Additionally, all must register with this advisor at the beginning of each academic year. Please contact the Advising Center at 621-3149 or 1-877-UMA-1234, Ext. 3149, in Augusta, for information about meeting UMA and U. S. Immigration and Naturalization service regulations.

A limited number of lockers are available on the Augusta campus (Richard J. Randall Student Center) for use by registered students on a first-come, first-served basis. Students must supply their own locks and the University assumes no liability for items stored in the lockers. All lockers must be emptied out by 5 p.m. on the last day of the semester, after which the University will remove the lock and transfer the contents of the locker to the Lost and Found. The Lost and Found is located at the Enrollment Services Center in the Randall Student Center.

Contact: Office of Student Activities/Student Life in Augusta.

All University faculty and staff (including student employees) have a duty to report incidents of sexual discrimination, sexual harassment and sexual assault (also known as Gender-Based Violence) to campus Title IX officials (past or present).  Student employees, peer advocates and volunteers who learn of a violation of this policy in the course of their employment, internships, programming or volunteer responsibilities, are required to report.  If (When) a University employee receives or becomes aware of an incident covered by this policy, the employee should be clear with the complainant that (1) they are not a confidential resource, if they are not so designated, and (2) they are obligated to report the incident to the Title IX Coordinator on campus.  When a person tells an employee of the University about a violation of this policy, the University employee shall promptly report to the Deputy Title IX Coordinator (Tasia Lima, Associate Dean of Students and Deputy Title IX Coordinator, 207.621-3226) all relevant details about the alleged incident shared by the complainant.  Title IX professionals will assess next steps according to policy guidelines.  At a minimum, students will be offered access to free campus-based support services.  To the extent possible, information reported will be shared only with people responsible for handling the University’s response to the Title IX report.

Medical Emergency: If it becomes necessary to provide an individual on campus with medical treatment, student, faculty, and administrative staff are advised not to transport the individual to the hospital. The procedure to follow in such an emergency is: Dial “911” and provide information about the individual while assuring protection of the individual’s rights. As soon as possible thereafter, notify the appropriate University office. In Augusta, all reports of safety and security concerns should be directed to the Office of Campus Safety and Security at 621-3103. All reports of safety and security concerns or incident reports must be forwarded to the Director of Campus Safety and Security at Augusta.

Except in cases of serious emergency, the offices cannot accept messages for students. Messages for faculty may be left in the college offices or on their office telephone voice mail. Students are encouraged to inform their children and child care providers of their schedule and whereabouts while on campus. Emergency messages should be directed to: Enrollment and Information Services Center in Augusta, Admissions and Student Enrollment Services in Bangor.

See Student Military Mobilization and Activation

The University recognizes that many members of its community use names other than their legal names. For some students and employees, a chosen or preferred name may be an important component of their identity. Therefore, the University has established this policy which allows students and employees to indicate their preferred names to the University community even if they have not changed their legal names.

These may include individuals who prefer to use:

  • a middle name or nickname instead of a first name;
  • an anglicized name;
  • a name to which the individual is in the process of legally changing; or
  • a name that better represents the individual’s gender identity.

Preferred name – A preferred name is defined as an alternative to the individual’s legal name as designated by the individual in university systems. A preferred name is limited to first name or first name and middle name; last names are considered legal names and any change to last name must be accompanied by appropriate documentation.

Legal name – A person’s legal name is the name they use for official government documents, such as licenses, passports, and tax forms.

Policy:

A student or employee’s preferred name will be used instead of the person’s legal name in select University-related systems and documents as listed below.

Preferred names will be used in the following systems and records:

  • Student or Employee Identification Cards*
  • Employee business cards
  • Online Phonebook Directory**
  • Official Student Email Display Name
  • Official Employee Email Display Name
  • Directory information
  • Class and Grade Rosters (for students and employees taking courses)
  • MaineStreet Advising Center
  • MaineStreet Student Services Center
  • MaineStreet Employee Self-Service Center
  • Learning Management Systems (such as Brightspace)
  • Reports and/or lists generated for academic purposes
  • Responses to requests made under the Maine Freedom of Access Act
  • Press Releases (i.e., Dean’s List)
  • Social Media Sites
  • Other Venues, as appropriate

Legal/primary names will continue to be used for official University records including, but not limited to the following:

  • Legal Documents and Reports Produced by the University (i.e., enrollment reports to the National Student Clearinghouse, enrollment lists for student insurance)
  • Applications for admission
  • Student Account Statement (Bills)
  • Financial Aid, Scholarship and Loan Documents
  • Transcripts (Official and unofficial)
  • Enrollment Verifications
  • Degree Verifications
  • Degree Progress Report
  • Student Employment Documents
  • Responses to requests made under the Solomon Amendment
  • Employment Verifications
  • Employment Documents
  • Paychecks, W2s, and other Payroll documents
  • Benefits Enrollment
  • IRS, SSA, and other state and federal reporting requirements

Graduating students have the option of specifying the name they wish to be used on their diploma and in the Commencement Program when completing the Application for Graduation.

Official communications that require the use of the legal/primary name shall use that name; other communications will use the preferred name.

Preferred name change requests may be denied or revoked by the University when the preferred name is used to avoid a legal obligation, commit fraud, misrepresent, or otherwise violate university policy or law. Reports of such activity will be handled pursuant to University policies and procedures and applicable law. Depending on the individual and circumstances involved this could include the offices of Human Resources, Equal Opportunity, General Counsel, the Student Conduct Officer, the Chief Academic Affairs Officer, and/or appropriate law enforcement agencies.

*A one-time waiver of the fee to update the Student or Employee Identification Card with the preferred name will be provided. Subsequent changes will result in an applicable fee.

** Students can make a request that their directory information not be released to the public. Students must submit a “Request to Suppress Directory Information” form to the Registrar’s/Student Records Office or through Student Self Service within MaineStreet. The request will be honored until such time as the student requests otherwise in writing. In the event that such written notification (or indication within Student Self Service) is not filed, the University assumes that the student does not object to the release of directory information. Employees may request to restrict the listing of their (legal or preferred) names in the online employee directory by contacting their campus office of Human Resources. Approvals will be made on a case-by-case basis.

***If there are questions about this policy, contact the UMS Chief Student Affairs Officer or the UMS Director of EO.

UMA supports a policy of open campus recruiting. We believe that any legal organization offering career opportunities for University graduates should be granted the privileges of scheduling and holding student interviews on campus within the limits of available time and facilities. When granted such privileges, they should be considered authorized visitors to the University and entitled to the same rights and protections as are accorded to members of the University family under the provisions of existing policy regarding free speech and assembly and the Student Conduct Code.

Permission to operate and park a vehicle on the campus is a privilege granted by the University. There are reserved spaces for drivers with disabilities and University vehicles. All other vehicles must park in designated parking areas in order to keep roadways and passages open for emergency vehicles. Illegally parked vehicles will be towed. Parking decals are available for students at the Augusta campus. Parking areas are clearly marked. Parking overnight is by permission only.

Contact: the Office of Campus Operations in Augusta and Bangor, director at your center.

(Also see Service Animals Guidelines)

The University of Maine at Augusta is dedicated to providing a safe and friendly environment for its community members and visitors to our campuses. While it is recognized that many pets are well behaved, there are people who may have allergies or fears that could cause a pet to interfere with the ability of those individuals to complete their work or their studies.

  • It is the policy of the University of Maine at Augusta that pets will not be allowed in University buildings. This policy does not apply to service animals brought to campus to provide assistance to persons with disabilities.
  • All pets on University property must be kept on leashes at all times.
  • Pets must not be left unattended while on University property, i.e. in automobiles or outside buildings.
  • Owners of pets shall be held responsible for any personal or property damage inflicted by their pets.
  • Owners or caretakers of pets must clean up after their pets.

Normally, the possession of weapons, firearms and/or ammunition is prohibited on any UMA campus. Possession of a valid concealed weapons permit authorized by the State of Maine is not an exemption under this policy. This policy, however, does not deny possession of firearms and ammunition by duly authorized law enforcement officials when such possession is unavoidable. Any employee violating this policy may face disciplinary action up to and including termination. A student who violates this policy may face disciplinary action up to and including dismissal. A visitor who violates this policy may be removed from the property and reported to police authorities. Questions concerning the authority of an employee or campus visitor to carry weapons, firearms or ammunition should be directed to the Office of Campus Safety and Security in Augusta. Questions concerning the authority of a student to carry weapons, firearms or ammunition should be directed to the Dean of Students in Augusta.

Students who are pregnant, or recovering from a pregnancy related condition, have a partner who is pregnant or recovering from a pregnancy related condition, and students who are parenting, have a variety of options and resources available under Title IX laws and regulations, including support for lactation and breastfeeding.  More information is available about these rights on UMA’s Pregnancy & Parenting page.  Students who need accommodations for these reasons should contact Kim Kenniston, Director of Residence Life & Title IX Deputy, 207.621.3310.

Students under the age of 17 must follow specific policies and procedures to enroll in University credit courses. Please contact the Early College Office in Augusta for information and the required forms.

(see Confidentiality)

When a student retakes a course, the most recent grade will be the grade used to compute the grade point average. The previous grade will remain on the record but will not be entered into the computation of the grade point average.

Please note: Federal regulation states students may not receive federal financial aid funding for more than one repetition of a previously passed course. In most cases, a passing grade is defined as D- or higher or P for passing (for pass/fail course grading). A review of repeated courses will generally be completed by financial aid after financial aid has been disbursed and may result in the reduction of financial aid. Please pay attention to repeated courses and contact financial services if you have questions.

A student is classified as a resident or a non-resident for tuition purposes at the time of admission to the University. Prospective students should contact the Office of Admissions and Records if they have a question on their residency status. Students enrolled as non-residents who have reason to believe their residence status has changed may contact Student Accounts in Augusta regarding details of the current rules governing residence.

Special Note Regarding Academic Complaints and Grievances: Occasionally, UMA students take courses offered by other (non-UMA) campuses or institutions. If you experience problems related to such a course, you must contact the campus offering that course for assistance. If you are still not satisfied and wish to file a formal academic grievance, you must follow the grievance procedures outlined by the campus sponsoring the course. Many campuses post their policies in their online student handbooks. The faculty member, his or her supervisor, or the chief student affairs officer at that campus may also be able to provide you with more information.

UMA is concerned about the quality of every student’s academic experience. When a student has an issue with an instructor or a course, we encourage that student to first pursue an informal resolution to his or her concerns. This is typically the most efficient and effective way to resolve a complaint.
Students are encouraged to follow these guidelines in dealing with such matters:

  1. Communicate the concern in a timely manner directly to the instructor.
    Allow the instructor an opportunity to address your concerns. The instructor may be totally unaware of the problem and, therefore, unable to correct it without your feedback. In some cases, the issue may be beyond the instructor’s control.
    Approach the conversation in a positive manner that encourages collegial problem solving.
    Be prepared to articulate your concern as clearly as possible. Do your homework and be ready to cite information (i.e., syllabus, graded papers, textbook information, etc.) that supports your point of view.
    To allow for confidential and extended conversation, arrange to discuss the concern with the instructor outside of the classroom setting.
  2. If not satisfied with the instructor’s response, consult with your program coordinator or academic advisor. Either may be very helpful in resolving the problem. If you are not in a UMA degree program, move on to step 3. The name of your program coordinator is listed on UMA’s Web page and may also be obtained from the college office or UMA’s Enrollment and Information Services Center (1-877-UMA-1234). Your faculty advisor’s name is available through MaineStreet. Students attending at a center may also choose to consult with center staff.
    If it is impractical for you to contact either your program coordinator or academic advisor, move to step 3.
  3. If the consultation process noted above is unsuccessful, arrange to speak with the dean of the college who oversees your degree program. If you are a non-degree student, speak with the college dean who oversees the course or instructor in question.
    The name of the appropriate college dean is on UMA’s Web site or may be obtained from UMA’s Enrollment and Information Services Center.
  4. If the issue remains unresolved, contact the Office of the Dean of Students (student grievance officer) to discuss the option of filing a formal student academic grievance. The officer will explain the procedures and the circumstances under which a formal grievance is permitted. Filing a formal grievance is a serious step and is not appropriate in all circumstances.
  5. When a formal grievance is not an option or desired by the student, the Office of the Dean of Students will provide information regarding any remaining options for resolving the complaint.

As a general rule, classes will not be canceled if the campus roadways and parking lots are usable and the police have not limited travel on major highways and arteries. These factors also are considered in the closing of the centers. Please note that the closing of public schools, etc., will not necessarily mean UMA is closed. Regardless of UMA’s decision regarding closing, students must decide for themselves whether or not it is prudent to travel to the campus, a center, a site, or a clinical facility.

In the event of an emergency condition occurring during the night, necessitating closing or delaying the opening of the Augusta and Bangor campuses, a decision will normally be made by 6:00AM for day classes. In the event of deteriorating conditions during the day, listen for updates. Every effort is made to give students two (2) hours’ notice of any cancellations, but unanticipated weather conditions and concerns for safety may sometimes require shorter notification.

School closing announcements are indicated by an Emergency Notice box appearing on UMA’s home page. All enrolled students are automatically registered to receive notifications at their @maine.edu email address and by text message if a cell phone is recorded in MaineStreet.  Students will receive messages from all campuses at which they are currently enrolled.  Students may opt out of notifications at any time.  To find out more about managing your emergency notifications, adding additional email addresses, and more, visit your campus portal (my.uma.edu).  Select “Manage Emergency Notifications” from the LaunchPad, the red triangle with exclamation point symbol.  Notice of closing is normally made on local television stations; listings of specific stations used are posted in classroom areas. When possible, notice of closing is available by calling 621-3000 or 1-877-UMA-1234. Bangor students may call 262-7700.

*May also apply to emergency situations other than weather.

UMA encourages appropriate participation of on-campus groups and the general community in activities of mutual benefit on the premises of UMA while protecting the central educational purposes of the University and assuring no unfair competition with local businesses. Any individual or group, on campus or off, wishing to engage in any solicitation (including commercial sales, fund raising, and distribution of literature) must apply for permission.

Contact: The Office of Campus Operations in Augusta or Bangor.

These guidelines serve to outline the rules for the presence of service animals on university campuses and, if applicable, in residence halls, as defined by the Americans with Disabilities Act of 1990 (ADA) and its amendments. Service animals are permitted in any campus setting that is open to the public with individual exceptions in places where the presence of an animal may compromise a sterile environment. Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition.

Under the ADA, service dogs must be harnessed, leashed or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective sounds. A service dog must be under the control of the handler at all times. A service dog may be removed from campus premises if the dog is out of control, aggressive to others, or significantly disruptive, or if the dog is not housebroken. If it is necessary to ask the dog to be removed, every effort will be made to assure that the handler still has access to the programs or services at the institution without the use of the service animal. In addition, service dogs must be licensed and fully inoculated in accordance with applicable municipal ordinances and state laws. Also, service dogs are subject to local dog licensing and registration requirements.

Link to ADA guidelines https://www.ada.gov/service_animals_2010.htm.

IMPACT ON THE UNIVERSITY

Universities must permit students, employees, and members of the public with disabilities who utilize campus facilities to use a service dog that has been specifically trained to do work or tasks for the person. When it is not obvious what service the dog provides, the only questions the University is permitted to ask are: 1) is the dog a service animal required because of a disability, and 2) what disability related work or task has the dog been trained to perform. Medical documentation may not be requested.

In short, only dogs can be used as service animals by people in a public setting and the service animal must be specifically trained to do work or perform tasks for the person with a disability. Please note that other types of animals in addition to dogs may be used by people with disabilities who live in University housing settings, often referred to as assistance animals or emotional support animals. These types of animals are excluded from the definition of service animal under the Americans with Disabilities Act and its amendments. If you are a student and have questions about emotional support animals and the relationship to university residence halls as defined by the Fair Housing Act, please contact the disability services office on your campus.

INFORMATION ABOUT SERVICE DOGS IN TRAINING

The Americans with Disabilities Act of 1990 (ADA) and its amendments assures people with disabilities, who are accompanied by service dogs, that they will not be excluded from public places or activities or charged any additional fees, because they are accompanied by their service dog. However, the ADA does not provide the same protection to service animals in training.

Maine state law (§1312) provides those same rights of access for individuals who are “especially trained service dog trainers.” As defined in the Maine statute, an “especially trained service dog trainer, while engaged in the actual training process and activities of service dogs, has the same rights, privileges and responsibilities described in this section with respect to access to and use of public facilities as are applicable to a blind, visually handicapped or otherwise physically or mentally disabled person.”

Link to statute: http://legislature.maine.gov/statutes/17/title17sec1312.html

Maine does not clarify further the meaning of “especially trained service dog trainers” or “the actual training process.” The University of Maine System has established a policy, based on accepted practices suggested by Assistance Dogs International (ADI). A dog is “being trained” as a service dog when, accompanied by its trainer, the animal is undergoing individual training to provide specific disability-related work or service for an individual with a disability. This does not include obedience training or socialization of puppies who may later become service animals (generally 15-18 months). Thus, only adult dogs are recognized as being “in training” to provide disability-specific assistance after they have completed an earlier period of socialization (obedience training, being house broken, getting acclimated to public places and every day activities as pets). An “especially trained service dog trainer” may bring such a dog onto campus and interact with campus community in public areas, campus offices, etc.

The University of Maine System has established that generally service animals in training cannot be in-residence in University housing, except as an approved reasonable accommodation for a qualified student with a disability. Similarly, puppies who are being raised/trained in preparation for participating in formal service animal training are not permitted in university housing nor in any campus building.

Please feel free to consult with the campus, the Director of Equal Opportunity for the University of Maine System, and General Counsel with any questions.

OHR 5/12; Rev. 4/18

Effective: 3/26/90
Last Revised: 11/16/98; 11/17/14; 5/18/15, 8/14/2020; 4/21/2022
Responsible Office: Human Resources

Table of Contents

I. Policy Statement
II. Overview
III. What to do if you are Sexually Assaulted or are the Victim of Domestic Violence, Dating Violence or Stalking
IV. Terms Used in this Policy
V. Consent
VI. How to File a Complaint and How the University Will Respond
VII. Confidentiality
VIII. Support Services
IX. Options Regarding Law Enforcement
X. Enforcement of Protection-from-Harassment or Protection-from-Abuse Orders
XI. Student Amnesty
XII. Free Speech and Academic Freedom
XIII. Off-Campus Conduct and Off-Duty Conduct
XIV. Educational Programs
XV. External Complaints
XVI. Title IX Sexual Harassment
XVII. Review and Revision of this Policy

**Please note: The reader will find sections within this document that are specific to each campus; each campus will have a version of this policy that contains more detailed information specific to that campus. These sections will be identified in the text with instructions to contact the Title IX Coordinator on the campus of interest for this information.

I. Policy Statement

The University of Maine System (“UMS” or “the University”) is committed to providing a safe environment which promotes the dignity and worth of each member of the community. In complying with the letter and spirit of applicable laws and in pursuing its own goals of diversity, the University does not discriminate on the basis of sex in employment, education, and all other programs and activities. UMS, inclusive of all its campuses and faculties, does not discriminate on the basis of sex, race, color, religion, age, disability, status as a veteran, national or ethnic origin, sexual orientation, transgender status, gender identity, gender expression, or any other category protected by applicable law, in the administration of its educational policies, admission policies, scholarship and loan programs, employment, or other school administered programs. For this reason, the University will not tolerate sex discrimination, sexual harassment, sexual assault, dating violence, domestic violence, stalking, or retaliation in any form. All conduct of this nature is considered a violation of this policy.

This policy addresses discrimination on the basis of sex. UMS does not discriminate on the basis of sex in its education programs or activities, and UMS is required by Title IX of the Education Amendments of 1972, and the final Title IX regulations issued by the U.S. Department of Education’s Office for Civil Rights in May 2020, not to discriminate in such a manner. The requirement not to discriminate on the basis of sex in the education program or activity extends to admission and employment. Inquiries about the application of Title IX and its implementing regulations may be referred to the Title IX Coordinator, to the Assistant Secretary for Civil Rights, or both.

The University will respond to complaints and reports of violations of this policy in a prompt, fair, impartial and equitable manner. Regardless of whether a complaint is filed, the University will respond promptly and reasonably when it has notice of potential sexual misconduct that is covered by this policy. The University will take steps to end and prevent recurrence of violations of this policy and to correct their discriminatory effects on the complainant and others when a determination of responsibility has been made against a Respondent. In responding to all complaints and reports, the University will act to ensure the safety of students, guests, and employees while complying with state and federal laws and provisions of applicable collective bargaining agreements and employee handbooks.

II. Overview

This policy applies to all members of the University community, including but not limited to all students (graduate and undergraduate), all employees (including faculty and staff), adjunct faculty, contractors, vendors and/or other third parties. This policy applies to all individuals regardless of gender, sexual orientation, transgender status, gender identity, or gender expression. It applies to all University programs and activities, both on campus and off campus, including, but not limited to, instruction, grading, housing, athletics, electronic communication and employment.

This policy does not substitute for or supersede related civil and criminal law. It is the policy of the University to strongly encourage individuals to report all incidents and violations to law enforcement officials or agencies with appropriate jurisdiction and to avail themselves of all the services and rights to which they are entitled.

Any individual may file a complaint under this policy at any time. However, the University strongly encourages individuals to file complaints promptly in order to preserve evidence for a potential legal or disciplinary proceeding. A delay in filing a complaint may compromise the subsequent investigation. Reporting in a timely way also allows the University to provide all persons involved with information regarding their rights, options, and resources available under this policy and federal or state laws.

All members of the University community are encouraged to cooperate fully in investigations and other proceedings necessary for the effective execution of this policy, though no individual will be retaliated against for exercising their rights under this policy including their right not to participate in an investigation and/or adjudication process.

This policy covers the following information:

  • What to do if you are sexually assaulted or are the victim of domestic violence, dating violence or stalking;
  • Common terms used in this policy;
  • Consent;
  • How and where to file a complaint;
  • How the University will respond to a complaint;
  • Confidentiality;
  • Supportive measures that are available;
  • Options regarding reporting to Law Enforcement;
  • Protection orders;
  • Student Amnesty;
  • Free Speech and Academic Freedom;
  • Off-campus conduct;
  • Educational programs;
  • External complaints;
  • Review and revision of this policy.

III. What to do if you are Sexually Assaulted or Experience Domestic Violence, Dating Violence or Stalking

  • Get to a safe location. If you are a student and are unsure where to go or can think of nowhere that is safe at this time, please consider calling your campus Public Safety or Security Department at 207-621-3400 in Augusta, 207-262-7777 in Bangor, and/or local law enforcement at 911.  Campus Residence Life or Student Affairs staff can help with housing arrangements as well.
  • Consider asking a trusted friend or relative to be with you for support.
  • Seek medical care as soon as possible. You may need basic medical treatment for injuries, and you may have injuries of which you are unaware. You also may be at risk of acquiring a sexually transmitted infection, and women may be at risk for pregnancy. Trained staff at your campus Health Center or the local emergency room can speak with you about all of the medical options available and provide information about a sexual assault forensic examination.
  • You may choose to file a report with the local law enforcement agency. Your report puts in place support systems that you may choose to use. The University will provide someone to assist you in filing a report with Law Enforcement if you wish.
  • Preserve all evidence of the incident. If you choose to file a report with the police, it is important that you:
  • Do not bathe, wash your hands, brush your teeth, drink, eat, or even use the restroom—all these things can destroy evidence that may be helpful in a criminal investigation; however, if you have done any of these things since the incident, evidence can still be collected;
  • Do not clean or remove anything from the location where the incident occurred;
    • Write down as much as you can recall about the incident and the people involved.
  • Seek some form of emotional support. While taking care of your physical needs may be the first step in taking care of yourself, it is important not to neglect the emotions you may be experiencing as a result of the assault, violence or stalking. University counseling services have employees who are specially trained to assist students with recovery and healing. CIGNA EAP services are available for employees at 1.877.622.4327.
  • It is your choice to determine when and in what manner you recover from your trauma. Give yourself the time you need and know that it is never too late to get help.
  • KNOW THAT WHAT HAPPENED WAS NOT YOUR FAULT AND YOU ARE NOT ALONE.
  • For details about all of the available resources on your campus and in your community, see the campus brochure regarding sexual assault, dating violence, domestic violence and stalking at (contact information for available resources on your campus and in your community available here (PDF)).

IV. Terms Used in this Policy

Sexual Harassment includes two distinct, but overlapping definitions applicable to this policy.  The Title IX Regulations define sexual harassment as set forth in Section XVI of this policy. 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, UMS 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:
    1. Is subjectively and objectively offensive; and
    2. 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.

Determining whether conduct creates a hostile environment depends not only on whether the conduct was unwelcome to the person who feels harassed, but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. The following factors will also be considered:

  1. The degree to which the conduct affected one or more students’ education or individual’s employment;
  2. The nature, scope, frequency, duration, and location of the incident(s);
  3. The identity, number, and relationships of persons involved;
  4. The nature of higher education.
  5. whether the conduct arose in the context of other discriminatory conduct;
  6. whether the conduct altered the conditions of the Complainant’s educational or work performance and/or UMS programs or activities;
  7. whether the conduct implicates academic freedom or protected speech; and,
  8. other relevant factors that may arise from consideration of the reported facts and circumstances.

B. Sexual Assault

Sexual assault means an offense that meets the definition of rape, fondling, incest, or statutory rape.

Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory rape is sexual intercourse with a person who is under the statutory age of consent. All forms of sexual assault (External Site) and sexual contact prohibited by Maine law are also included.

C. 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 (see Assault (External Site)).

D. Domestic Violence

A felony or misdemeanor crime of violence committed—

  1. By a current or former spouse or intimate partner of the victim;
  2. By a person with whom the victim shares a child in common;
  3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
  4. 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
  5. 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 (see Domestic Violence Assault (External Site)Domestic Violence Criminal Threatening (External Site)Domestic Violence Terrorizing (External Site)Domestic Violence Stalking (External Site), and Domestic Violence Reckless Conduct (External Site)).

E. Stalking

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

(A) Fear for the person’s safety or the safety of others; or

(B) Suffer substantial emotional distress.

(ii) For the purposes of this definition—

(A) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

(B) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

(C) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

All forms of stalking prohibited by Maine law are also included (Stalking (External Site) and Domestic Violence Stalking (External Site)).

F. Retaliation

Retaliation is action taken by the University or any individual or group against any person for opposing any practices forbidden under this policy or for filing a complaint, testifying, assisting, or participating in an investigation or proceeding under this policy. This includes action taken against a bystander who intervened to stop or attempt to stop a violation of this policy. Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s complaint or participation. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy.

G. Sexual Misconduct

Sexual misconduct includes, but is not limited to, prostituting another person, nonconsensual image capturing of sexual activity, presentation or unauthorized viewing of a nonconsensual videotaping of sexual activity, letting others watch you have sex without the knowledge or consent of your sexual partner, possession of child pornography, peeping tommery, and/or knowingly transmitting an STD or HIV to another person. Sexual misconduct may constitute sexual harassment. All forms of sexual misconduct prohibited by Maine law are also included (see Violation of Privacy (External Site)Possession of Sexually Explicit Material (External Site), and Sex Trafficking (External Site).

V. Consent

Consent is a voluntary agreement to engage in sexual contact. Consent must be informed, freely and actively given, and consist of a mutually agreeable and understandable exchange of words or actions. Consent is agreement to engage in sexual contact. Consent must be informed, freely and actively given, and consist of a mutually agreeable and understandable exchange of words or actions. Consent is clear, knowing and voluntary. Consent is active, not passive. Consent may be withdrawn at any time. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and conditions of) sexual activity. Past consent does not imply future consent. Consent to engage in one form of sexual activity does not imply consent to engage in any other sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with any other person.

It is not consent when the exchange involves unwanted physical force, coercion, intimidation, and/or threats. If an individual is mentally or physically incapacitated or impaired such that one cannot understand the fact, nature or extent of the sexual situation, and the incapacitation or impairment is known or should be known to a reasonable person, there is no consent. This includes conditions resulting from alcohol or drug consumption, or being asleep or unconscious. Consent is not valid if the person is too young to consent to sexual activity under Maine law (External Site).

VI. How to File a Complaint and How the University Will Respond

The University strongly encourages anyone who has experienced sex discrimination, sexual harassment, retaliation, sexual assault, domestic violence, dating violence or stalking to report the incident to the appropriate contact at the University (see VI (A)). A report can be made under this policy at any time, regardless of when the incident happened. Reporting the incident to the University does not mean that you have to file a formal complaint or bring criminal charges. Reporting the incident, however, will allow the University to provide individuals involved with information about available support and services, both on campus and off campus.

Any individual may make a third-party complaint about a violation of this policy. Individuals are encouraged to contact the appropriate office identified below as soon as possible. After receiving a complaint, the University will determine what further action, including contacting the alleged victim, is warranted. If a concern is reported by someone other than the alleged victim and the alleged victim is unwilling or unable to cooperate with an investigation, the University’s ability to respond may be significantly limited.

The UMS Title IX Coordinator is responsible for the University’s overall compliance and response to incidents of sexual assault, sexual harassment and sex discrimination in general.

A. How and Where to File a Complaint

1. Complaints or Reports of Employees’ Conduct

All complaints or reports relating to violations of this policy by a University employee should be made to the UMS Title IX Coordinator at 207.581.5866 or titleix@maine.edu or to the Equal Opportunity Office at 207.581.1226 or equal.opportunity@maine.edu

Upon receiving a complaint or report of a violation of this policy by a University employee, the UMS Title IX Coordinator will assess the complaint or report and will follow the procedures described in the University of Maine System Equal Opportunity Complaint Procedure or the Title IX Sexual Harassment Procedure. The UMS Title IX Coordinator will provide the complainant with information about options for filing a formal complaint and explain the formal investigation and grievance process, supportive measures, and any options of informal resolution. The UMS Title IX Coordinator will provide the complainant with a written explanation of the complainant’s rights, options, and supportive measures. Supportive measures are available to complainants even if they do not file a formal complaint. When a formal complaint is investigated, the University will use a preponderance of the evidence standard – whether it is more likely than not that the alleged violation occurred. Click here for more information about the Equal Opportunity Complaint Procedure, follow this link: For more information about the Title IX Sexual Harassment Process, follow the link in Article XVI(4) of this Policy.

2. Complaints or Reports of Students’ Conduct

All complaints or reports relating to violations of this policy by a University student should be made to Kim Kenniston (207.621.3310 or kimberly.kenniston@maine.edu) or https://cm.maxient.com/reportingform.php?UnivofMaineSystem&layout_id=4), who will notify the Title IX Coordinator of the complaint or report.

Upon receiving a complaint or report of a violation of this policy by a University student, the Deputy Title IX Coordinator/Title IX Coordinator will assess the complaint or report and follow the procedures described in the University of Maine System Student Conduct Code or the Title IX Sexual Harassment Process. The Deputy Title IX Coordinator/Title IX Coordinator will provide the complainant with information about options for filing a formal complaint and explain the formal investigation and grievance process, offer supportive measures, and explain any options of informal resolution. The Deputy Title IX Coordinator/Title IX Coordinator will provide the complainant with a written explanation of the complainant’s rights and options. When a formal complaint is decided, the University will use a preponderance of the evidence standard – whether it is more likely than not that the alleged violation occurred. For more information about the procedure for adjudicating complaint against students, see the UMS Student Conduct Code or the Title IX Sexual Harassment Process.

3. Complaints or Reports of Third Parties’ Conduct (Campus Guests, Vendors, Contractors, etc.)

All concerns regarding violations of this policy by third parties such as vendors, contractors and campus guests should be made to the UMS Title IX Coordinator at 207.581.5866 or titleix@maine.edu or to the Equal Opportunity Office at 207.581.1226 or equal.opportunity@maine.edu

Upon receipt of a report or complaint, the University will respond appropriately depending on the nature of its relationship to the third party.

B. How the University Will Respond to a Complaint

The University’s investigation and decision-making process is completely independent of any criminal or civil investigation and adjudication regarding the same incident.

The University will provide a prompt, fair, and impartial investigation and resolution of the complaint. The investigation and decision-making shall be conducted by officials who receive annual training on discrimination, harassment, retaliation, domestic violence, dating violence, sexual assault, and stalking, and how to conduct an investigation and hearing process that protects the safety of all individuals and promotes accountability.

Both the complainant and the respondent have the right to have another present during any investigative or disciplinary meeting or proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice, who may be, but is not required to be, an attorney. The University will not limit the choice or presence of an advisor for either the complainant or respondent in any meeting or grievance proceeding; however, the University may establish restrictions regarding the extent to which the advisor may participate in the meetings or proceedings, as long as the restrictions apply equally to both parties.

In investigating allegations covered by the Policy, the investigator and decision-makers will not question the complainant about the complainant’s prior sexual conduct with anyone other than the respondent unless relevant to establish that someone else committed the conduct alleged to be a violation of this policy. Information regarding any prior sexual conduct or dating relationship between the complainant and the respondent by itself shall not imply consent or preclude a finding of a violation, but may be relevant to understand the nature and context of the parties’ relationship and how consent to sexual activity was communicated between the parties. No direct questioning of the either party by the other will be permitted, though as set forth in the Title IX sexual harassment process, the parties’ advisors have the opportunity to cross-examine the other party and witnesses during the hearing process.

The respondent’s use of alcohol and other drugs in connection with a violation of this policy does not mitigate accountability for the behavior or diminish the seriousness of the incident, unless it is determined that the respondent was incapacitated and unable to consent to the sexual activity at issue. The respondent’s intentional use of a substance to affect an individual in order to facilitate a violation of this policy will be considered relevant when determining responsibility and appropriate sanctions.

In the investigation and decision-making processes for all complaints of sexual assault, domestic violence, dating violence or stalking made under this policy, both the complainant and the respondent shall be simultaneously informed, in writing, of: (1) the outcome of any institutional disciplinary proceeding that arises from the alleged violation including all sanctions and the rationale for the result and sanctions; (2) the procedure for the respondent and the complainant to appeal the results of the institutional disciplinary proceeding; (3) any change to the results that occurs prior to the time that they become final; and (4) when the results are final. The University shall not require a party to abide by a non-disclosure agreement in writing or otherwise regarding the final results of the institutional disciplinary proceeding.

Any student or employee found to have violated this policy may be subject to disciplinary action, up to and including suspension or dismissal/termination from the University. Sanctions for third parties who violate this policy will be in accordance with the circumstances.

For information about sanctions, students should refer to the University of Maine System Student Conduct Code. All of the possible sanctions that the University may impose upon a student following the results of any University disciplinary proceeding for an allegation of dating violence, domestic violence, sexual assault or stalking are:

  1. Assigned Educational Projects: This may include research projects, reflective essays, counseling assessments, sanction seminars or other related assignments intended to promote learning.
  2. Community Service: The type of service may be related to the nature of the violation.
  3. Deferred Sanction: A specific period of time during which a Respondent’s continued enrollment or housing contract at the University is clearly in jeopardy. Any further violation of the Code during that time will minimally result in the imposition of the deferred sanction and any additional sanctions deemed necessary.
  4. Disciplinary Dismissal: Permanent separation (subject to the right of review after five years) from the University.
  5. Disciplinary Probation: A period of time when a Respondent is under closer scrutiny of the University. It may include the loss of one or more privileges.
  6. Disciplinary Suspension: Separation from the University for a stated period of time and/or until a stated condition(s) is met.
  7. Fine: Payment of money. Respondents who are unable to pay may discuss alternate payment arrangements.
  8. Loss of Contact with a Specific Person(s): With this sanction, the person may not initiate direct or indirect contact with a specified person(s).
  9. Loss of Visitation Privileges: This loss of visitation may be to any designated area(s) of campus.
  10. Official Warning: Official acknowledgment of a violation and the expectation that it will not be repeated.
  11. Removal from University Housing: Removal from a particular hall or all housing.
  12. Restitution: Restitution, up to the replacement value of the items damaged, stolen, removed or used without authority and damages incurred.
  13. Such other action as the Committee or Officer may reasonably deem appropriate (e.g., suspension of an organization’s official campus recognition or suspension of a student from an extracurricular activity).

For information about possible disciplinary action, represented employees should refer to the appropriate collective bargaining agreement. Non-represented employees should refer to the non-represented employee handbook (See Employee Handbooks). All of the possible sanctions that the University may impose upon an employee following the results of any University disciplinary proceeding for an allegation of dating violence, domestic violence, sexual assault or stalking are:

  1. Oral Warning
  2. Written Warning
  3. Suspension
  4. Termination
  5. Such other action as the University may reasonably deem appropriate.

C. Retaliation

The University and the law prohibit retaliation against an individual for opposing any practice forbidden under this policy, for bringing a complaint, for assisting someone with a complaint, for attempting to stop a violation of this policy, or for participating or for refusing to participate in any manner in an investigation or resolution of a complaint. It is central to the values of this University that any individual who believes he or she may have been the target of a violation of this policy feels free to report their concerns for appropriate investigation and response, without fear of retaliation or retribution. After making, assisting with or otherwise participating in a report or complaint to the University, any individual who believes he or she has been subjected to retaliation by the respondent, the University or any other person or group should report the alleged retaliation immediately to the appropriate person identified in this policy. The University will take strong responsive action when retaliation is found to have occurred.

VII. Confidentiality

Confidentiality: What are the Options?

The University encourages people who have experienced sex discrimination, sexual harassment, sexual assault, dating violence, domestic violence, stalking, or retaliation to talk to somebody about what happened so they can get the support they need, and so the University can respond appropriately. People on campus and off-campus have different abilities to maintain confidentiality depending on their roles and responsibilities.

A. Confidential Communications

1. Professional and Pastoral Counselors

Professional, licensed individuals who provide mental health services as part of their job responsibilities (including those who act in that role under the supervision of a licensed professional) and pastoral counselors (clergy, ministers, priests, rabbis, etc.) who provide religious counseling to members of the school community are not required to report any information about an incident to the Title IX Coordinator without an individual’s permission provided that such information was disclosed in a counseling context. A person can seek assistance and support from these individuals without triggering a University investigation that could reveal the person’s identity or that the person has disclosed the incident. This does not apply to professional, licensed individuals who receive a report outside of their licensed duties, such as when acting in a teaching capacity. Following is the contact information for these individuals at your campus: Contact Information for Professional and Pastoral Counselors (PDF)or Augusta Counseling Services:  207.621.3044; Bangor Counseling Services:  Jennifer Davis, MA,LCPC, LADC, 126 Eastport Hall, 207.262.7835.

Speaking with a professional or pastoral counselor does not constitute a report or complaint to the University. The University will be unable to conduct an investigation into the incident or pursue disciplinary action against the respondent based on such a disclosure.

NOTE: Professional counselors may maintain a person’s confidentiality within the University, but they may have external reporting or other obligations under state law (such as mandatory reporting to law enforcement in case of abuse of minors; imminent harm to self or others; requirement to testify if subpoenaed in a criminal case). A person who initially requests confidentiality may later decide to file a complaint with the University or report the incident to local law enforcement and have the complaint investigated. Professional and pastoral counselors can assist a person who later decides to file a complaint or report.

2. Licensed Health Professionals

Certain licensed health professionals who receive information about an incident in connection with the provision of health care services may not report that information to the Title IX Coordinator without an individual’s permission provided that such information was disclosed in a healthcare setting. However, some licensed health professionals who are designated as Campus Security Authority’s may be required to report non-identifying statistical information to the University as required by federal law. Speaking with a licensed health care professional does not constitute a report or complaint to the University, and the University will be unable to conduct an investigation into the incident or pursue disciplinary action against the respondent.

NOTE: Licensed health professionals may maintain a person’s confidentiality within the University, but they may have external reporting or other obligations under state law (such as mandatory reporting to law enforcement in case of abuse of minors).

3. Off-campus Counselors and Advocates

Off-campus counselors, advocates, and health care providers will also generally maintain confidentiality and not share information with the University unless the individual requests the disclosure and signs a consent or waiver form.

Following is contact information for these off-campus resources:
Sexual Assault Hotline Help: 1-800-871-7741
Statewide Domestic Abuse Hotline: 1-866-834-4357 (Deaf or Hard of Hearing: 1-800-437-1220)

NOTE: Off-campus counselors and advocates are not required to disclose information to the University, but they may have external reporting or other obligations under state law (such as mandatory reporting to law enforcement in case of abuse of minors).

4. Researchers

Research involving human subjects (which require approval by the appropriate campus Institutional Review Board for the Protection of Human Subjects) may ask subjects to provide personal information in a confidential setting. Information about an incident covered under this policy may be disclosed by a research subject as part of participation in that research. Researchers involved in the research project are not required to report the incident to the Title IX Coordinator.

B. Reporting to Another Student or a University Volunteer

If you discuss a violation of this policy with another student or with a University volunteer, that person may be able to maintain your confidentiality, except as described within section C, Mandatory Reporting.. All University students and volunteers are strongly encouraged to report all that they witnessed or heard regarding a violation of this policy to the designated University officials identified above.

C. Mandatory University Reporting

All University employees (except as provided within section A) have a duty to report incidents of sexual discrimination, sexual harassment and sexual assault. Because domestic violence, dating violence, stalking and sexual misconduct can also constitute sex discrimination, information received by University employees about such incidents must also be reported. Student employees, peer advocates and volunteers who learn of a violation of this policy in the course of their employment, programming or volunteer responsibilities are also required to report.

If a University employee receives or becomes aware of an incident covered by this policy, if possible before hearing it fully, the employee should be clear with the complainant that (1) they are not a confidential resource, if they are not so designated, and (2) they are obligated to report any incident to the Title IX Coordinator.

If a University employee receives or becomes aware of an incident covered by this policy, the University employee shall promptly report to the Title IX Coordinator all relevant details about the alleged incident shared by the complainant that the University will need to determine what happened – including the names of the complainant and respondent(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident. To the extent possible, information reported will be shared only with people responsible for handling the University’s response to the report. If the University determines that there is a continuing threat to the safety of members of the University community, it may have to issue a timely warning regarding the incident.

D. How the University Will Respond to Requests for Confidentiality

When a complainant reveals any information about a violation of this policy to any University employee, as soon as possible, the employee should make sure that the complainant understands the employee’s reporting obligations. If the complainant wants to maintain confidentiality, University employees should direct the complainant to confidential resources but the employee must still report any information disclosed to the Title IX Coordinator. If the complainant wants to tell the employee what happened but also maintain confidentiality, the employee should tell the complainant that the University will consider the request, but cannot guarantee that the University will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the employee will also inform the Coordinator of the complainant’s request for confidentiality.

An employee will not pressure a complainant to request confidentiality, or pressure a complainant to file a report or complaint. An employee will respect the complainant’s wishes to the extent possible. If a complainant discloses an incident to an employee but wishes to maintain confidentiality or requests that no investigation into an incident be conducted or disciplinary action taken, the employee still must disclose the incident to the Title IX Coordinator, and the University will weigh the complainant’s request against the University’s obligation to provide a safe, non-discriminatory environment for all students and employees, including the complainant. If the University honors the request for confidentiality, a complainant needs to understand that the University’s ability to meaningfully investigate the incident and pursue disciplinary action, if warranted, against the respondent(s) may be limited. There are times when the University may not be able to honor a complainant’s request because it would pose a risk to providing a safe, non-discriminatory environment for students and employees. If the University determines that it cannot maintain a complainant’s confidentiality, the University will inform the complainant prior to starting an investigation and, to the extent possible, will share information only with people responsible for handling the University’s response.

Except as required by law, the University shall not include personally identifiable information about a complainant in its campus crime statistics or report, its campus crime log, publicly available police reports or timely warning notices.

The University shall maintain as confidential any accommodations or protective measures provided to the complainant, respondent, or another party, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the accommodations or supportive measures or to the extent otherwise required by law.

The University is committed to the complainant and respondent’s well-being, and will take steps to protect everyone involved from retaliation or harm. Because the University is under a continuing obligation to address violations of this policy campus-wide, reports of violations of this policy (including non-identifying reports) may also prompt the University to consider broader remedial action –such as increased monitoring, supervision or security at locations where the reported incident occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/ victimization surveys; and/or revisiting its policies and practices.

E. Miscellaneous

Public awareness events such as “Take Back the Night,” the Clothesline Project, candlelight vigils, protests, “survivor speak outs” or other forums in which students or employees disclose violations of this policy, are not considered notice to the University of violations of this policy for purposes of triggering its obligation to investigate a particular incident(s). Such disclosures may, however, inform the need for campus-wide education and prevention efforts, and the University may provide information about students’ and employees’ Title IX rights at these events. If conduct which might constitute Title IX Sexual Harassment is disclosed at such an event, and the Title IX Coordinator, Deputy Title IX coordinator or an Official with Authority is present, the University may be required to contact the complainant as described in Article XVI below.

F. Anonymous Reporting

Although the University encourages complainants to talk to someone, the University provides an online form for anonymous reporting (https://cm.maxient.com/reportingform.php?UnivofMaineSystem&layout_id=4). Providing personally identifying information through an anonymous reporting system may serve as notice to the University for the purpose of triggering the University’s obligation to reach out to the complainant to explain the options for filing a formal complaint, offer supportive measures, and describe the formal and informal resolution processes. This is the mechanism for anonymous reporting on your campus.

VIII. Support Services and Interim Measures

Whether or not an individual who has experienced a violation of this policy files a formal complaint, reporting the incident will allow the University to provide all individuals involved with available support and services, both on-campus and off-campus. The University can also take supportive measures to promote the safety and well-being of both the complainant and respondent, including, but not limited to, moving the complainant or respondent to a new living, dining or working situation; issuing a no contact order; changing class or work schedules; changing transportation; financial aid accommodations; and other academic and/or employment accommodations and support. Supportive Measures are non-disciplinary, non-punitive individualized measures offered as appropriate, as reasonably available and without fee or charge to the complainant or respondent.

The University can assist all individuals involved in obtaining counseling on or off campus and provide information regarding medical care and other resources, such as victim advocacy, legal assistance and visa and immigration assistance. The University will provide written notification to students and employees about existing resources, both within the University and the community. The University will provide written notification to complainants and respondents about how to request the above services and accommodations. The University must offer such supportive measures if they are reasonably available, regardless of whether the complainant chooses to report the incident to campus police or local law enforcement, or file a formal complaint with the University.

IX. Options Regarding Law Enforcement

An individual who has experienced sexual assault, domestic violence, dating violence or stalking, or any other conduct which may violate criminal laws, has a right, at his or her own discretion, to:

  1. Notify law enforcement authorities, including on-campus and local police;
  2. Be assisted by campus authorities in notifying law enforcement; or
  3. Decline to notify law enforcement.

University officials may, however, provide law enforcement with details about an incident under some circumstances if a determination has been made that such disclosure is required by law and/or is necessary to secure campus safety. See section VII(D) above. Complainants have a right to proceed simultaneously with a criminal investigation and a University internal investigation. If necessary to the criminal investigation, the University may defer its investigation for a limited time for fact gathering by law enforcement, and then will promptly resume its investigation.

X. Enforcement of Protection-from-Harassment or Protection-from-Abuse Orders

The University will provide assistance or referrals for a student or employee who wishes to obtain a protection-from-abuse or protection-from-harassment order. If a protection-from-abuse or protection-from-harassment order has been issued by a court in a civil or criminal proceeding, a copy of the order should be provided to University police or security and the Title IX Coordinator or Deputy Title IX Coordinator (Kim Kenniston at 207.621.3310 or kimberly.kenniston@maine.edu (contact information available here) as soon as possible to enable enforcement by the appropriate authorities. The University will work in good faith to implement the requirements of judicially issued protective orders and similar orders, to the extent that doing so is within its authority.

XI. Student Amnesty

The University strongly encourages students to report instances of sex discrimination, sexual harassment, retaliation, sexual assault, domestic violence, dating violence or stalking. Students who report information about a violation of this policy will not be disciplined by the University for any violation of alcohol possession or consumption policies or other minor violations of the Student Conduct Code in which they might have engaged in connection with the reported incident.

XII. Free Speech and Academic Freedom

Recognizing that many citizens have differing views on the matter of whom and which groups should have an opportunity to express opinions, the University of Maine System affirms its commitments to the rights of free speech and academic freedom.

To that principle, there shall be no restrictions, on any of the System institutions, placed on the fundamental rights of free speech and assembly, except those necessary to preserve the order for the University System to function as an institution of higher learning. Additional information pertaining to Free Speech can be found online.

Academic freedom is essential to the fulfillment of the purposes of the University. The University acknowledges and encourages an atmosphere of confidence and freedom while recognizing that the concept of academic freedom is accompanied by a corresponding concept of responsibility to the University and its students and employees. Academic freedom is the freedom to present and discuss all relevant matters in the classroom, to explore all avenues of scholarship, research and creative expression, and to speak or write without any censorship, threat, restraint, or discipline by the University with regard to the pursuit of truth in the performance of teaching, research, publishing or service obligations.

The University of Maine System is a public institution of higher education committed to excellence in teaching, research, and public service. Together, the students, faculty, and staff form our state wide University community. The quality of life on and about the member Universities is best served by preserving the above described freedoms and civility. This policy shall not be construed or applied to restrict academic freedom within the University, nor construed to restrict constitutionally protected expression.

XIII. Off-Campus and Off-Duty Conduct

Reports of violations of this policy that occur off campus and/or off-duty can be the subject of a complaint. Reports of off-campus and/or off-duty sexual harassment, sexual assault, domestic violence, dating violence and stalking should be brought to the University’s attention as soon as possible. The University will evaluate the incident to determine whether it violates this policy by resulting in continuing effects that create a hostile environment on campus or otherwise has a substantial connection to the University’s education programs and activities.

XIV. Educational Programs

The University will conduct educational programs to promote awareness of sex discrimination, sexual harassment, sexual assault, domestic violence, dating violence, and stalking. This will include primary prevention and awareness programs for incoming students and new employees, and ongoing prevention and awareness campaigns for students, faculty and staff. All employees and students must participate in all required educational programs.

XV. External Complaints

Individuals who experience a violation of this policy may file a complaint or suit with an outside agency, including the Maine Human Rights Commission, U.S. Equal Employment Opportunity Commission, or U.S. Department of Education Office of Civil Rights. The University will still investigate and respond appropriately to any internal complaint.

A complainant who filed a complaint with the University and believes the University’s response was inadequate may also file a complaint with the above agencies.

Complainants should keep in mind, however, that although they may report a violation of this policy to the University at any time; external agencies typically have time limits within which complaints must be filed. To learn more about the procedures for filing complaints with an outside agency, Complainants should contact that entity directly.

Office of Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100 Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012 TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

Maine Human Rights Commission
Office of the Commission
51 State House Station
Augusta, ME 04330
Phone: 207-624-6290
Fax: 207-624-8729
Email: info@mhrc.maine.gov

For Employee Title IX/ADA Complaints:
US Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division Disability Rights Section – 1425 NYA
Washington, D.C. 20530
Fax: 202-307-1197

You may also file a complaint by E-mail at ADA.complaint@usdoj.gov. If you have questions about filing an ADA complaint, please call: ADA Information Line: 800-514-0301 (voice) or 800-514-0383 (TTY).
U.S. Equal Employment Opportunity Commission Complaints: Call 1-800-669-4000
For Deaf/Hard of Hearing callers: 1-800-669-6820 (TTY) 1-844-234-5122 (ASL Video Phone) info@eeoc.gov

XVI. Title IX Sexual Harassment (Pursuant to May 2020 Title IX Regulations)

This Article XVI and the corresponding Title IX Sexual Harassment process apply to all complaints of Title IX Sexual Harassment that are made after August 14, 2020 regarding conduct that occurs after that date. All complaints made after August 14, 2020 regarding conduct that occurred before August 14, 2020, will follow the policies in place at the time of the incident and the applicable process in place at the time of the complaint.  The Title IX Sexual Harassment policy and process described in this Article XVI go into effect at midnight on August 14, 2020 and will remain in effect unless/until this policy and process are stayed, enjoined, limited, amended, repealed or otherwise are ruled or become inapplicable in whole or in part due to action by a court or the U.S. Department of Education.  Should the Title IX Regulations be revoked, any conduct covered under this Policy shall be investigated and adjudicated under this policy and the applicable processes described in Articles IV and VI.

Finally, conduct that falls outside of Title IX, such as gender-based and sexual harassment that does not meet the Title IX regulations’ definition or conduct that occurs outside of the United States but still within the University’s education programs or activities, may be covered by Articles IV and VI of this Policy.  The University condemns all forms of sexual misconduct, even conduct that does not meet the definition of sexual harassment under Title IX.  Accordingly, this Policy provides procedures for reporting and investigating sexual harassment that falls outside of Title IX’s definition of sexual harassment or outside of Title IX’s geographic scope but is nonetheless detrimental to the safety and wellbeing of the University community.

If you have any questions or concerns about which policy or process may apply to your case/report, please contact the UMS Title IX Coordinator at 207-581-5866 or at titleix@maine.edu for clarifications.

Glossary:

  1. Advisor means a person chosen by a party or appointed by the institution to accompany the party to meetings related to the complaint process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.
  2. Complainant means an individual or group of individuals who is alleged to be the victim of conduct that could constitute harassment based on a sex or retaliation for engaging in a protected activity.
  3. Complaint (formal) means a written document, paper or electronic, filed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination based on sex, or retaliation for engaging in a protected activity, against a respondent and requesting that the University investigate the allegation of harassment based on sex or retaliation for engaging in a protected activity. At the time of filing a formal complaint of Title IX sexual harassment, a Complainant must be participating in or attempting to participate in the education program or activity of the University with which the formal complaint is filed. The complaint must contain the Title IX Coordinator’s or the Complainant’s physical or digital signature, or otherwise indicate that the Complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not considered a Complainant or otherwise a party.
  4. Directly Related Evidence is evidence that in the reasoned judgment of the investigator, is determined to be connected to the complaint even if not relied upon by the investigator in the investigation report.
  5. Education program or activity means all of the operations of the University, as well as, locations, events or circumstances where UMS exercises substantial control over both the Respondent and the context in which the Title IX sexual harassment occurs and also includes any building owned or controlled by a student organization that is officially recognized by the University.
  6. Final Determination a written determination by a Decision-maker or Panel by the preponderance of the evidence standard whether the alleged conduct occurred and whether it did or did not violate policy, which includes all of the following: identification of the allegations potentially constituting Title IX Sexual Harassment as defined in Article XVI(1)(xii) below; a description of the procedural steps taken by the University from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; findings of fact supporting the determination; conclusions regarding the application of the this Policy to the facts; a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and whether remedies designed to restore or preserve equal access to UMS’s education program or activity will be provided by the University to the Complainant; and the procedures and permissible bases for the Complainant and Respondent to appeal.
  7. Formal Complaint Process means a method of formal resolution designated by the University to address conduct that falls within this Title IX Sexual Harassment policy and process, and which complies with the requirements of the Title IX regulations.
  8. Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing conduct on the basis of sex.
  9. Official with Authority (OWA) means an employee of UMS explicitly vested with the responsibility to implement corrective measures for harassment based on sex, and/or retaliation on behalf of UMS.
  10. Relevant Evidence is evidence that tends to prove or disprove an issue in the complaint.
  11. Remedies are post-finding actions provided to the Complainant where a determination of responsibility for sexual harassment has been made against the Respondent after the Formal Complaint Process in this Policy as mechanisms to address safety, prevent recurrence, and restore access to UMS’s educational program.
  12. Title IX Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence as defined in Article XVI(2) below.
  13. Title IX Team refers to the Title IX Coordinator, Deputy Title IX Coordinators, Investigators, Hearing Decision-maker or Panel, or University provided Advisor.
1. Title IX Sexual Harassment Jurisdiction

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.

2. Title IX Sexual Harassment Definitions

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

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

Sexual Assault is defined as having or attempting to have sexual intercourse with another individual, including: (1) by use of force or threat; (2) without effective consent; or (3) where the actor knew or should have known the individual is incapacitated by drugs and/or alcohol or was physically or mentally unable to make informed or reasonable judgments or provide consent. For purposes of this definition, sexual intercourse includes vaginal, anal or oral penetration, no matter how slight, with any body part or object, or oral penetration involving any form of mouth to genital contact.  Sexual Assault includes rape, fondling, incest, or statutory rape as those crimes are defined by the Federal Bureau of Investigation (FBI) Uniform Crime Reporting Program. This definition conforms to the FBI’s Uniform Crime Report and Clery Act definition and also conforms to the definition of rape under Maine law.

Force is the use of physical violence and/or the threat of physical violence to gain sexual access. Force also includes threats against others, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you”).

Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive, and there is no consent.

Incapacitation is defined as the inability to make rational, reasonable decisions because the individual lacks capacity to give knowing consent (e.g. to understand the “who”, “what”,” when”, “where”, “why”, or “how” of their sexual interaction. A person may be incapacitated because of their consumption of drugs/alcohol and/or because they are mentally/physically helpless or disabled, asleep, unconscious, or otherwise unaware that the sexual activity is occurring.  Where drugs or alcohol are involved, incapacitation is a state beyond impairment or intoxication, and involves an assessment of the person’s decision-making ability, awareness of consequences, ability to make informed, rational judgments, capacity to appreciate the nature and quality of the act, and/or level of consciousness.  The assessment is based on objectively and reasonably apparent signs of incapacitation when viewed from the perspective of sober, reasonable person.

Dating Violence, Domestic Violence, and Stalking, as defined above.

Retaliation

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations.

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 Title IX Coordinator.

UMS 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.

XVII. Review and Revision of this Policy

A representative Policy Review Board will be established consisting of university and System participants to review and recommend changes, as appropriate, to this policy and procedures. The Board will meet at least every three years or more often, as needed and in synchronization with the review of the University of Maine System Student Conduct Code. Revisions of this policy require approval of the Board of Trustees.

Related documents:

Procedures for Title IX Sexual Harassment
Sexual Harassment Brochure
Guidelines on Consenting Relationships (Word Document)
Equal Opportunity Complaint Procedure

The University of Maine System is committed to a resource management strategy which reduces to a minimum the production of waste material while reusing or recycling as much as possible the materials remaining. In compliance with the System policy, the University of Maine at Augusta has established a “Reuse-Recycle-Reduce” Program.

UMA RECYCLES: All office paper; NCR carbonless multi part paper; envelopes (without pressure sensitive labels); index cards; manila file folders; newspapers; magazines; phonebooks; corrugated cardboard boxes; laser toner cartridges; universal waste items (batteries, fluorescent tubes, computer and TV monitors). If you have questions about the program, please call the director of campus safety and security in Augusta.

Students who plan to file a grievance must contact the Dean of Students, who serves as the student grievance officer, to discuss their options and obligations under this policy. The dean of students may also provide information about alternate channels to resolve complaints. Any questions regarding this policy should be addressed to the dean of students. In the event of a conflict of interest for the dean of students, an alternate student grievance officer will be appointed by the provost.

This Policy and Procedure is designed to give a University of Maine at Augusta student the maximum opportunity to pursue a formal grievance procedure when conditions warrant. Grievances under this policy are limited to allegations of failure of faculty to follow published course requirements or University policies, including perceptions of unfair or discriminatory behavior. While this Policy and Procedure intends to ensure a fair process, it is not intended to interfere with the faculty prerogative to grade the substance of a student’s course work. A grade, under normal circumstances, can be changed only by the faculty member who assigned the grade.

The following apply to all student academic grievances:

  • Official University holidays and breaks between academic sessions do not count in the computation of deadlines.
  • If the party being grieved does not adhere to the procedural time limits, the student may automatically proceed to the next step. However, the grievance process recognizes that faculty are typically not under contractual obligation during the summer. The grievance process may be postponed if deadlines fall within a period when the faculty member is not under contract. If extenuating circumstances prevent a faculty member from responding to a student grievance that faculty member’s dean will appoint an alternate faculty member to represent them in the grievance process.
  • If a student who intends to pursue a grievance does not adhere to the procedural time limits, their grievance is terminated.
  • Exceptions to deadlines may be permitted by agreement of both parties.
  • In the event of a grievance, a student may opt to have a person act in the capacity of a support person during this procedure (see dean of students for details). No party shall be accompanied by legal counsel.
  • The dean of students monitors compliance with all deadlines and procedures, therefore, must be copied on all documents pertinent to this procedure.
  • If one party claims extenuating circumstances prevent adherence to the specifications of these procedures, the president of the Faculty Senate shall adjudicate the legitimacy of the extenuating circumstance.

The University assumes that at any given stage in the following procedures all parties will act in good faith and make sincere efforts to reach a fair and final resolution of the issue(s) in question.

Procedure:

  1. A student must initiate a grievance regarding a course or academic action no later than 30 calendar days of the posting of the final course grade. The date of posting of the final grade is determined by the Registrar. To “initiate” means that the student must confirm in writing his/her intent to file a grievance with the dean of students.
  2. Within five business days of initiating the grievance the student must discuss the matter of concern with the faculty member unless one of the parties is unwilling. This step may be eliminated at the option of either party.
  3. If the grievance is not resolved by discussion, within ten business days he or she must submit in writing the details of the grievance with copies to the dean of students, faculty member and the faculty member’s immediate supervisor.
  4. Within ten business days of receiving the student’s detailed grievance document, the faculty member must respond in writing to the student with a copy to the faculty member’s immediate supervisor and dean of students. The faculty member must respond in specific terms to the grievance.
  5. To continue the grievance, within five business days from receipt of the faculty member’s written response to her/his grievance, the student must request in writing a meeting with the faculty member and the faculty member’s immediate supervisor. The meeting must be held within five business days of receipt of request.
  6. If the meeting outlined in step E does not resolve the grievance; the student must request within five business days that the president of the Faculty Senate convene an Ad Hoc Student Academic Grievance Committee to investigate the facts surrounding the grievance.
  7. The president of the Faculty Senate will appoint an Ad Hoc Student Grievance Committee within five business days of receipt of the request.
  • The Committee will consist of three members: one faculty member from the discipline in question (or as related as possible); one faculty member from a College other than that of the party being grieved; and one student designated by the Student Government Association.
  • Both the student and faculty member may exercise one peremptory challenge and may challenge for cause any member of the Committee, the judgment in the matter of cause being made by the parliamentarian of the Faculty Senate.
  • The Committee will strive to protect the interest of both parties and follow a fundamentally fair process. If new information comes forward both parties of grievance have the opportunity to rebut it.
  1. Within ten business days of appointment, the Ad Hoc Student Grievance Committee will report its findings and recommendations to the student and faculty member concerned, the faculty member’s immediate supervisor, the provost, the president of the university, the president of the Faculty Senate, and the dean of students.
  2. The president of the university or designee can implement the report, reject it, or return it to the committee for further consideration.

It shall be the purpose of the athletic director to promote healthful living and provide opportunities for the pursuit of good health through participation in recreational and athletic activities. Preventive medicine should be foremost in the minds of those leaders working with the University of Maine at Augusta student. Therefore, the athletic director, coaches, advisors, and other staff members must consider what is best for the individual’s health in determining whether to require no physical examination, injury profile screen, or a thorough physical examination by a physician.

Recreational activities shall be those activities which involve only the University of Maine at Augusta students, faculty, administration and staff. Activities of this nature are voluntary and therefore the student accepts the responsibility for his/her own physical well-being. Students may be required to fill out a risk and release waiver in order to participate in on-campus activities and off-campus trips.

Considerations for all athletic events should be: proper conditioning and training; proper diet and nutrition; proper protective equipment; proper facilities for practice and competition. There will be access to an athletic trainer at all athletic competitions. Medical insurance is required for all athletes.

An ad hoc Appeals Committee comprised of appropriate University personnel meets twice a month to review appeals received from students requesting deviation from the standard drop/withdrawal procedures. Students must complete and return the Student Appeals Form, along with required documents. Normally, requests for reversal of tuition and fee charges will be considered for up to 90 days after the close of the semester/session for which the student is claiming a refund. Examples of involuntary appeals, and corresponding required documentation, include:

  • Entering involuntary to active duty into the armed services: The request for withdrawal must be substantiated with copies of military orders that show proof of date of entry. The individual’s commanding officer or another appropriate official must sign the orders.
  • Illness of the student or an immediate family member: A physician’s certification on official practice letterhead must be provided stating the student’s of family member’s illness that required the student withdrawal and in the case of student illness, a statement indicating the illness prevented the student from completing course work.
  • Death of the student or an immediate member of the student’s family: Appropriate documentation must accompany the request for withdrawal.
  • Involuntary transfer by the student’s employer that precluded continued enrollment (military branches of the service are considered employers under this section): The request for withdrawal must be substantiated by appropriate documentation from the employer.

Every effort is made to apply University policies fairly and consistently. Appeals received pertaining to voluntary withdrawals are less likely to be granted, unless extenuating circumstances (for example, failed technologies) prevail. Students will receive a confirmation indicating receipt of the appeal form and the expected date of review by the Appeals Committee. The student will also receive a written communication indicating the final appeal determination. In accordance with federal financial aid regulations, a reduction in credit hours and charges may often result in a subsequent reduction in aid. Students are encouraged to contact the financial aid office to gain a full understanding of the impacts pertaining to a change in credit hours. Such financial aid calculations due to changes in enrolled credit hours from credit hours used in the calculation of aid award may result in the student owing a balance to the University. The University academic appeals committee hears appeals on academic matters and has no authority to authorize refunds. Administrative dismissals are not covered by this policy and are not entitled to refunds of institutional charges.

Contact: Financial Aid (financial aid recipients) or Student Accounts (non-financial aid recipients) in Augusta.

Please see Acceptable Use of Information and Information Systems.

Copies of the University of Maine System Conduct Code are available at Augusta’s Office of the Dean of Students. All students should become familiar with the Student Conduct Code. Questions should be directed to the dean of students in Augusta.

View the University of Maine System Student Conduct Code here and the UMS Board of Trustees Student Conduct Policy Statement is available here.

No attempt is made to control the dress or appearance of individual members of the student body. An exception to this is made in the case of students employed by UMA. During times of such employment, they must be neat, clean and properly attired. Any student employee reporting for work in inappropriate attire will not be permitted to commence work until the condition is corrected. Student employees must maintain these standards during all hours of employment.

Additional copies of this grievance policy are available in the Office of the Dean of Students in Augusta. It is advisable to all students considering filing a student grievance to carefully review the policy in order to adhere to all necessary deadlines and procedures.

The Student Grievance Policy and Procedure against Professional Employees is designed to give the UMA student the opportunity to follow a grievance procedure. Grievable matters will be limited to a professional employee’s administrative action which has adversely affected the student who is filing the grievance. This policy is applicable at UMA and all of its functional units. This excludes specific areas covered by the Student Grievance Policy which was adopted on June 13, 1995, and which is applicable to student grievance against faculty members.

It is assumed that at any given stage in the following procedure, all parties will make sincere efforts to reach a final resolution of the issue in question. If the grieving party fails to adhere to the policy time limits, it will be assumed that the grievance is NOT BEING PURSUED. Should extenuating circumstances prevent adherence to the specifications of this policy, the chairperson of the PEA shall adjudicate the legitimacy of the extenuating circumstance. It is also recommended that students who contemplate filing a grievance against a professional employee or have questions about the policy contact the dean of students.

A. The student must first discuss the matter of concern with the staff member involved.

B. If the student is not satisfied with the results of the above discussion s/he then appeals to the staff member in writing within three working days with a copy to the staff member’s immediate supervisor. The details of the grievance will be explained at this time. At this point, any student who files a grievance waives his/her right to confidentiality with respect to information which has bearing on the grievance. Such information will be subject to full disclosure by any involved parties with appropriate discretion.

C. The staff member will respond in writing to the student within three working days with a copy to the staff member’s immediate supervisor. The staff member will respond with specific terms to the grievance.

D. Within three working days from the date the student receives the staff member’s written response to his or her appeal, the student may request in writing a meeting with the staff member and the staff member’s immediate supervisor. The meeting will be held within three working days of receipt of the student’s request.

E. If the meeting outlined in Step D does not resolve the grievance, the student must request in writing within five working days that the chairperson of the Professional Employees Assembly select another staff member who is acceptable to both parties of the grievance to act as mediator in the matter of the grievance. This mediator shall be selected from a unit not involved in the grievance. The mediator’s function shall be to discuss the facts of the grievance issue frankly and objectively with both parties in hope of resolving the grievance.

F. If the meeting outlined in Step E does not resolve the grievance, the student must request in writing within five working days that the chairperson of the Professional Employees Assembly convene an Ad Hoc Student Grievance Committee to investigate the facts behind the grievance.

G. The chairperson of the Professional Employees Assembly will, after receipt of the student’s request, convene an Ad Hoc Grievance Committee consisting of two students to be appointed by the chairperson of the Professional Employees Assembly from a list of at least eight names provided by the president of the Student Government Association. Either the student or the staff member may exercise one peremptory challenge and may challenge for cause any member of the committee, the judgment in matter of cause being made by the vice chairperson of the Professional Employees Assembly. The Committee will determine its own procedure and will accept all pertinent information and strive to protect the interest of both parties.

H. The Committee will report its findings and recommendations to the student/staff member concerned, the staff member’s immediate supervisor, unit manager, the president of UMA and the chairperson of the Professional Employees Assembly. The Ad Hoc Grievance Committee will report its findings within three working days after its final meeting.The recommendation of the Ad Hoc Grievance Committee will constitute the final steps in this appeal process. All parties are expected to adhere to these findings.

I. In cases where the chief administrative officer is involved, steps A, B, and C of the procedure apply. Step D would be in accordance with the office and the procedures that follow would be in accordance with the chancellor’s stated policies and procedures of student grievance.

Student Military Mobilization and Activation Administrative Practice Letter

Effective: 11/1/2019; Last Revised: 11/1/2019

PURPOSE

The University of Maine System recognizes that many students serve our country in the U.S. Armed Forces, including the National Guard and Reserves. Students serving in the military are subject to unforeseen mobilization or activation in response to local, regional, national, or international emergency situations. The unexpected mobilization and activation may seriously disrupt these students’ academic careers. As these students are legally obligated to report to duty when so ordered, it is the policy of the University of Maine System to minimize the effects of this disruption of their education as much as possible. The following policies are written in accordance with 20 U.S.C.1091c(c)(2), 34 CFR §668.18, and 37-B M.R.S.A. §388.

ELIGIBILITY

In order to qualify under the provisions of this policy, a student must present official Military Orders indicating their mobilization or activation to the institution’s School Certifying Official (SCO), Dean of Students, Registrar, or other appropriate university official within 30 days of receipt of orders. If, due to time constraints between the time of notification and the time of actual mobilization or activation, the student cannot present their orders as required, the parents, guardians, spouse, or other authorized representative of the student may do so. No notice is required if the giving of such notice by the Service member or their family is precluded by military necessity.

DEFINITIONS

  • Activation – Order to Service in the Uniformed Services on active duty, active duty for training, or full-time National Guard duty in response to federal or state orders, and as defined below.
  • Armed Forces – A term used to denote collectively all components of the Army, Marine Corps, Navy, Air Force, and Coast Guard.
  • Service member – a student who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in the Uniformed Services.
  • Service in the Uniformed Services – service, whether voluntary or involuntary, in the Armed Forces, including service by a member of the National Guard or Reserve, on active duty, active duty for training, or full-time National Guard duty under State order or Federal authority.
  • Military Order – An instruction, including an individual command by an armed forces officer to a person under their command. 2. A published directive originated by a commander of a military organization.
  • Mobilization – 1. The process of assembling and organizing national resources to support national objectives in time of war or other emergencies. 2. The process by which the Uniformed Services , or part of them, are brought to a state of readiness for war or other state or national emergency.

ACADEMIC GRADES

  • All Service members will be provided an excused absence and not penalized when legally obligated to report for duty. Service members are responsible for missed coursework and faculty will offer accommodations when necessary, ie. testing and presentations.
  • Mobilization or activation during a regular semester or during summer sessions may result in the complete voluntary withdrawal of the Service member from the university and without penalty or a punitive grade. Course fees that have been paid will be refunded 100 percent exclusive of student insurance fees and other non-refundable fees. Room and board payments will be refunded on a prorated basis.
  • In the event of mobilization or activation during the semester and/or after the term drop period, Service members are provided the following academic options:
    1. Withdraw for Military Activation — A student may choose to withdraw from one or more courses in which they are officially In this case, course fees that have been paid will be refunded 100 percent exclusive of student insurance fees and other non-refundable fees. NOTE: Please consult with your School Certifying Official (SCO) as this option may impact VA benefits; or,
    2. Incomplete (I) — A student may choose to take an incomplete grade in some or all of these courses. Students shall be allowed to complete specific work that remains unfinished as a result of activation or See section 34 CFR §668.18(e) for the time allowed for a cumulative length of absence; or,

Students may pursue one of the following in consultation with and agreement by their instructors:

    1. Final Grade — A student may request to receive a final grade in some or all of their courses based upon the student’s work in the courses up to the date of mobilization/activation; or,
    2. Final Exam — A student may request to take an early final examination in some courses in order that the instructor can determine a final course grade for the student; or,
    3. Combination — A combination of options that best serves the students’ needs based on Military Orders, following the policies set forth above, may be selected. This option will result in a refund of that portion of tuition and fees paid for those courses that the student chooses to withdraw from (other non-course fees are not refunded).1
  • Room and board payments will be refunded on a prorated basis, if

TIME LIMIT FOR AN INCOMPLETE GRADE

Students who receive an incomplete grade in all or some of their courses shall have the time allowed under 34 CFR §668.18(e) which generally does not exceed five (5) years of service, although there are several exceptions offered.

RE-ADMISSION

Under 34 CFR §668.18, an institution must readmit a member of the uniformed services with the “same academic status” upon notice of their intent to reenroll, unless the student requests a later date of readmission or unusual circumstances require the institution to admit at a later date.

STUDENT FINANCIAL AID

When students whose higher education academic careers are interrupted by mobilization or activation re-enroll, the University follows all regulations outlined in 34 CFR §668.18 and Title IV of the Financial Aid regulations. Any readmission application fee will be waived for those students.  Students should consult with the Financial Aid Officer of the University they are attending in order to obtain clarification and/or further information.

HOUSING

The spouse and dependents of students who are mobilized or activated and who live in university family housing shall be allowed to continue renting or leasing these quarters. If the student does not re-enroll in their former university within six (6) months after the completion of their mobilization or activation period, then the spouse and dependents of this student may be required to vacate the family housing.

Footnotes

  1. The amount that will not be refunded will be determined by the number of credit hours for which the student chooses to receive an incomplete or final grade.

The University shall have no responsibility for loss or damage to personal property owned by the student or in the custody of the student, except in University controlled buildings, and only to the extent that such property loss or damage is the result of an insured loss for direct physical damage, such as loss by fire or theft with signs of forced entry. In such cases, the University provides secondary insurance for the loss of the student’s property. The University’s insurance covers only after all personal or family insurance has been used. The University insurance provides a $5000 maximum coverage limit per student, subject to a $50 deductible per student. However, the University’s insurance does not cover property losses to the student or students whose negligence was the cause of a loss.

Effective 10 January 2019

I. POLICY STATEMENT

This Policy and procedures described within, establish a process for safety interventions of students who, pose a credible substantial risk of harm to self, to another individual or individuals within the University or to the University community, or substantially impede the lawful activities, educational process, or activities or functions of other members of the University community.

In complying with the letter and spirit of applicable laws and in pursuing its own goals of diversity, the University of Maine System does not discriminate on the grounds of race, color, religion, sex, sexual orientation, transgender status, gender expression, national origin, citizenship status, age, disability, genetic information or veterans status in employment, education, and all other programs and activities. The University provides reasonable  accommodations to qualified individuals with disabilities upon request.

The following person has been designated to handle inquiries regarding non-discrimination policies: Director of Equal Opportunity, North Stevens Hall, Orono, ME 04469; voice: (207)581-1226; TTY 711 (Maine Relay System) email: equal.opportunity@maine.edu.

II. MISSION

The University of Maine System, together with all of its campuses, (the “University”) is committed to maintaining a learning environment where all persons feel safe to carry out the University’s mission and goals. The University is an institution that values the safety of each individual in its community. Each of the University’s seven (7) campuses has developed a Risk Assessment and Safety Intervention Team (the “Team”).  The primary mission of each of the seven (7) Team’s is to improve community safety through collaborative, coordinated, objective, and thoughtful approaches to the prevention, identification, assessment, intervention, and management of situations that pose, or may reasonably pose, a threat to the safety, security, and well-being of the campus community and its individual members. Therefore, each Team will review and evaluate all available and relevant information regarding concerns or issues involving threats to the University community by University students, and will act, as necessary, to protect the community and its members.

III. DEFINITIONS

A.  Chief Student Affairs Officer or designee (“CSAO”): The person responsible for overseeing student life and student services on a University campus.

B.  Public Safety Representative (“Public Safety”): Persons with public safety knowledge and experience and may include those individuals with experience and knowledge with law enforcement.

C.  Counseling Services Representative (“Counseling Services”): Persons with current knowledge and experience with student support services.

IV. PROCEDURES FOR RISK ASSESSMENT AND SAFETY INTERVENTIONS

 A. Purpose of and Criteria for a Risk Assessment and Safety Interventions

The procedures for a risk assessment and safety intervention described below establish a fact-based investigative and analytical process for intervening with and assessing the risk presented by students who:

1) Pose a credible substantial risk of harm to self; or

2) Pose a credible substantial risk of harm to another individual or individuals within the University or to the University community as a whole; or

3) Substantially impede the lawful activities, the educational process, or the activities or functions of the University or other members of the University community.

The University shall consider voluntary withdrawal, accommodations, involuntary withdrawal, and will provide students with information about on-campus and off-campus resources and services (for example, Counseling Services, whether or not students have asked about such services) in the local community. Student conduct, judicial, academic or other proceedings may continue even when a student is subject to a safety intervention pursuant to this policy.

B. Interim Safety Interventions

When there is an imminent threat to the health or safety of a student or other individuals, the University may take interim actions, including, but not limited to, interim suspension to protect the well-being of all members of the University community, including contacting the student’s parents or other family members, campus Public Safety or local law enforcement. Local law enforcement should be contacted when/if their knowledge of the threat is necessary to protect the health or safety of the student or other individuals.

Interim Suspension

When the University imposes an interim suspension, the University may remove a student from any or all University premises when, in the professional judgment of the CSAO, and considering all reasonably available information, the CSAO determines that a credible substantial threat of imminent harm to the health or safety of an individual or the University community exists. Interim suspension is a preliminary action taken to protect the health and safety of the University community, and is not a penalty.  A student suspended on an interim basis shall have a right of review of the interim suspension.  The student should submit a written request for review to the President or designee for the campus within two (2) business days from the effective date of the interim suspension. Following receipt of the student’s request for review, the President or designee for the campus may either continue or cancel the interim suspension.

An interim suspension may remain in effect until a final decision is made pursuant to the procedures outlined in this policy. If the interim suspension is withdrawn, the procedures described in this policy regarding a safety intervention may still proceed.

If the student is currently under review by the Team, and the student voluntarily withdraws, the Team may still outline terms and conditions for return or readmission based on an evaluation of the following:

1) Does the student pose a credible substantial risk of harm to self;

2) Does the student pose a credible substantial risk of harm to another individual or individuals within the University or to the University community as a whole; or

3) Will the student’s behavior substantially impede the lawful activities, the educational process, or the activities or functions of the University or other members of the University community?

If the Team imposes terms and conditions for return or re-admission, the procedures in Section VII will be followed.

V. RISK ASSESSMENT AND SAFETY INTERVENTION TEAM

The Team for each campus is responsible for evaluating whether students meet the criteria for a safety intervention.

Each campus’ Team will include a representative of the following University departments: (1) CSAO; (2) Public Safety; and (3) Counseling Services.  Other campus representatives may be consulted as each particular case will depend upon the specific circumstances.  The Team consults as needed with the General Counsel.

In addition to evaluating whether students meet the criteria for a safety intervention, the Team may also act as a resource, consultant, or advisor to any academic department, school, college or program in determining whether an individual is qualified to perform the essential functions of an academic program with or without a reasonable accommodation, and/or to provide other guidance regarding an individual student’s access to the University’s educational opportunities. Any decision regarding reasonable accommodation will involve the campus office for services for students with disabilities.

VI. SAFETY INTERVENTION PROCESS

Before the University considers safety interventions, either on or off-campus, Counseling Services or other available resources may be recommended.  Involuntary withdrawal will be considered after other safety interventions have been explored and the student will be notified that the possibility of an involuntary withdrawal is being considered.

Any member of the University community who has reason to believe that a student poses a violent threat or other imminent threat to public safety should contact campus public safety or local law enforcement.

Any member of the University community who has reason to believe that a student poses a credible substantial risk of harm to self, to another individual or individuals, and/or the University community and thus may meet the criteria for a safety intervention are encouraged to contact the Student Affairs or Public Safety for their campus who will conduct an informal review of the information presented. All reports made pursuant to this policy will be handled in as confidential a manner as possible, with information released only on a need-to-know basis in accordance with applicable federal and state laws and regulations.

Upon completion of the review, the Team may recommend to the campus CSAO that a student be subject to a safety intervention for reasons under the criteria set forth in Section B above. In determining whether the student presents a credible substantial risk of harm to self, another individual and/or the University community, the CSAO will make a decision based on reasonable judgment that relies upon the best available evidence to ascertain:

1) The nature and duration of the risk;

2) Severity and immediacy of the risk;

3) The probability that potential injury and/or harm will occur;

4) Whether the student substantially impedes the educational process or functions of other members of the University community;

5) Whether reasonable modifications of policies, practices or procedures could significantly mitigate the risk; and

6) The University may consider the impact of the student’s behavior on others in the community.

The student, the student’s representative and/or a student’s treatment provider shall be given an opportunity to provide information and their input will be given consideration. To enable careful, individualized consideration, the student may need to sign a release authorizing disclosure of relevant information by and between treatment providers working with the student and the appropriate University official(s).  In making the individualized assessment, the University may also require the student to undergo an evaluation, including a medical or psychological evaluation, by an independent and objective health professional designated by the University, at the University’s expense.

Inherent to this decision-making process is the University’s commitment to consider an individual’s past and ongoing behavior, which may have contributed to the risk of harm that is in question. The CSAO may seek the assistance of the Team or other resources, as needed, to determine if the student is a qualified individual with a disability and whether a reasonable accommodation will allow that student to meet his/her essential academic and College community responsibilities, while sufficiently mitigating the risk of harm and maintaining a safe college environment for all students. This determination shall also evaluate whether such accommodation can be provided without fundamentally altering the essential functions of the educational program provided by the University, or lowering academic standards, and/or creating undue hardship to the University.

The CSAO may communicate with essential personnel regarding the proposed plan and will take necessary steps to ensure its implementation and/or any necessary monitoring.

Once the CSAO makes a final determination on whether the student will be subject to a safety intervention, the CSAO will provide the student written notification of the decision and any rights of review available to the student.

If a student is subject to a safety intervention pursuant to this policy, to the extent appropriate and practicable, terms and conditions for return or readmission may be specified in writing by the University.

VII. REQUEST FOR REVIEW

A student who is subject to a safety intervention pursuant to this policy may make a written request to the campus President or designee, to review the determination. The written request for review must be received by the President or designee for the campus within seven (7) calendar days after the student has received notice of the safety intervention determination.

The President or designee shall conduct the review within five (5) business days of receipt of the written request.

The student and/or their advisor or legal counsel will be provided by the Team or the individual recommending the safety intervention with the following prior to the review:

1) A written statement providing a detailed explanation of the reasons for the safety intervention and the information relied upon; and

2) The opportunity to review the evaluations relied upon by the CSAO.

For the review process, the student may be assisted by an advisor, which may include a parent or guardian, a health professional of the student’s choice, legal counsel, and/or a faculty or staff member. The student will be permitted to be heard, to present relevant witnesses, and information to dispute the reasons for the intervention or the information relied upon by the CSAO in making the determination. The student or the student’s representative shall provide in writing to the President or designee any witnesses and the subject matter of their expected testimony three (3) days in advance of the informal proceeding.  The President or designee has ultimate discretion to determine which witnesses may appear and testify at the informal proceeding based on the relevance and necessity of their expected testimony.

Following the review, the President or designee shall determine whether to (a) uphold the safety intervention; (b) reinstate the student; or (c) reinstate the student subject to specified conditions.

The decision of the President or designee shall be final.

VIII. RETURN TO CAMPUS

A student who has been suspended or withdrawn pursuant to this policy, either voluntarily or involuntarily, who wishes to be considered for return to campus or re-admission shall contact the campus CSAO and provide appropriate documentation that demonstrates compliance with the terms and conditions of their return or supports their readmission.

The CSAO or designee will review the request for return or readmission as follows:

1) Review and investigate compliance with the terms and conditions of return or readmission;

2) Consult with the appropriate academic unit to determine whether the student is eligible for return or readmission based upon the student’s academic record and the policies, practices, and standards of the academic program;

3) Consult with appropriate members of the Team;

4) Conditions for return or reasonable accommodations requested by the student must be individually tailored;

5) Consider any additional information or documentation presented by the student in support of return or readmission; and

6) Meet with the student.

A student denied return or readmission pursuant to this policy may make a written request to the President or designee for review of their readmission or no-return determination.  In no event will the same individual, who served on the initial decision, conduct this review. This review will follow the same procedures as outlined in Section VII of this policy.

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance….” 20 U.S.C. 1681(a).

Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., is a federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. Under Title IX, discrimination on the basis of sex can include pregnancy discrimination, sexual harassment or sexual violence, such as rape, sexual assault, and sexual coercion. Title IX also requires that equal opportunity in athletics be provided.

Title IX Coordinator

Individuals with concerns or questions about Title IX may contact the University of Maine System’s Title IX Coordinator as follows: Elizabeth Lavoie, 207.581.1406 or titleix@maine.edu.

Title IX also prohibits retaliation for raising a complaint under Title IX or for advocating for a right protected by Title IX.

Information on how to file a complaint of sexual harassment, sexual assault, discrimination or other policy violations can be found in the UMA Student Handbook under the Student Conduct Code and the Equal Opportunity Complaint Procedure (see the “Policies” tab).

The U.S. Department of Education’s Office of Civil Rights is the entity that is charged with enforcing Title IX compliance. Inquiries about these issues may also be referred to the local branch of the U.S. Department of Education, Office for Civil Rights (OCR), 8th Floor, Five Post Office Square, Boston, MA 02109-3921, telephone (617) 289-0111, fax (617) 29-0150, TTY (877) 521-2172 or email ocr.boston@ed.gov. The website for the Office of Civil Rights can be located at the this link: http://www2.ed.gov/about/offices/list/ocr/index.html).

Sexual Assault, Sexual Misconduct, and Stalking Related Information

The University of Maine System is committed to providing a safe environment which promotes the dignity and worth of each member of the community. In complying with the letter and spirit of applicable laws and in pursuing its own goals of pluralism, the University does not discriminate on the grounds of race, color, religion, sex, sexual orientation, including transgender status and gender expression, national origin, citizenship status, age, disability, genetic information or veteran status in employment, education, and all other programs and activities. For this reason, the University will not tolerate discrimination, discriminatory harassment, sexual assault and other sexual violence, dating violence, domestic violence, stalking, or retaliation in any form.

Complaints or Reports of Discrimination, Discriminatory Harassment, Retaliation, Sexual Assault, Domestic Violence, Dating Violence or Stalking

The University strongly encourages anyone who has been the victim of discrimination, discriminatory harassment, retaliation, sexual assault, domestic violence or stalking, to report the incident to the University. A report can be made at any time, no matter when the incident happened. Reporting the incident to the University does not mean that you have to file a formal complaint or participate in the University’s disciplinary process or bring criminal charges. Reporting the incident, however, will allow the University to provide you with all of the support and services, both on campus and off campus, that are available to you.

Any individual may make a third-party complaint about discrimination, discriminatory harassment, retaliation, sexual assault, domestic violence, dating violence or stalking experienced by another. Individuals are encouraged to contact the appropriate office identified below as soon as possible. Upon receipt of such information, the University will determine whether further action, including contacting the alleged victim, is warranted. If a concern is reported by someone other than the alleged victim, and the alleged victim is unwilling or unable to cooperate with an investigation, the University’s ability to respond may be significantly limited.

A. Complaints or Reports of Conduct by Employees

All complaints or reports relating to discrimination, discriminatory harassment, retaliation, sexual assault, domestic violence, dating violence or stalking by a University employee should be made to the UMS Title IX Coordinator, Elizabeth Lavoie, 207.581.1406, titleix@maine.edu. The Title IX Coordinator is the person at UMA responsible for the University’s overall compliance and response to incidents of sexual assault, sexual harassment and sex discrimination in general.

B. Complaints or Reports of Conduct by Students

All complaints or reports relating to discrimination, discriminatory harassment, retaliation, sexual assault, dating violence, domestic violence or stalking, by a University student should be made to Kim Kenniston, Director of Residence Life & Title IX Deputy, 207-621-3310, who will notify the campus Title IX Coordinator of the complaint or report.

C. Complaints or Reports of Conduct by Third Parties (Campus Guests, Vendors, Contractors, etc.)

All concerns regarding discrimination, discriminatory harassment, retaliation, sexual assault, dating violence, domestic violence or stalking by third parties such as vendors, contractors and campus guests should be made to the UMS Title IX Coordinator, Elizabeth Lavoie, 207.581.1406. Upon receipt of a report or complaint, the University will respond as appropriate, given the nature of its relationship to the third party.

In addition, the law prohibits retaliation against an individual for opposing any practices forbidden under this policy, for bringing a complaint of discrimination or harassment, for assisting someone with such a complaint, for attempting to stop such discrimination or harassment, or for participating in any manner in an investigation or resolution of a complaint of discrimination or harassment.

Possible Disciplinary Sanctions for Sexual Assault, Sexual Misconduct, and Stalking

Any person found to have committed the offense of Sexual Assault, Sexual Misconduct, or Stalking by the University of Maine at Augusta’s Conduct Committee and/or the State of Maine judicial system will be subject to severe disciplinary sanctions which may include immediate suspension or dismissal.

Victim’s Options for Changing Academic Situations

Any victim of sexual assault, other sexual misconduct, or stalking has the right to request a change in academic situations, such as arranging extra time to complete or re-take a class.

Procedures for On-Campus Disciplinary Action

  1. Accuser and accused will have the same rights to have others present at any hearing, including the assistance of an advisor and/or legal counsel.
  2. Accuser and accused will both be informed of the outcome of any such hearings when the charge is Title IX violation. Victims shall be informed of their option to notify proper law enforcement authorities, and their option to be assisted in doing so.
  3. Investigations of complaints shall be reliable, adequate and impartial.
  4. Cases shall be adjudicated using a Preponderance of the Evidence Standard.

If a rape, sexual assault, other sexual violence, or stalking is reported to a University official, the victim will be informed of their option to notify proper law enforcement authorities and will be assisted in doing so if requested. A student may file a criminal complaint and a Title IX complaint with the University simultaneously.

Counseling Services

Counseling services are provided on campus, free of charge, to any student victim of a rape or sexual assault who desires this service. Referrals can also be made to outside providers for assistance, including local sexual assault resource centers.

The U.S. Department of Education’s Office of Civil Rights is the entity that is charged with enforcing Title IX compliance. Inquiries about these rules may also be referred to the local branch of the U.S. Department of Education, Office for Civil Rights (OCR), 8th Floor, Five Post Office Square, Boston, MA 02109-3921, telephone (617) 289-0111, fax (617) 289-0150, TTY (877) 521-2172 or email: ocr.boston@ed.gov. The website for the Office of Civil Rights can be located by following this link.

Last updated: 9/15/2020 EML

Glossary:

  1. Advisor means a person chosen by a party or appointed by the institution to accompany the party to meetings related to the complaint process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.
  2. Complainant means an individual or group of individuals who is alleged to be the victim of conduct that could constitute harassment based on a sex or retaliation for engaging in a protected activity.
  3. Complaint (formal) means a written document, paper or electronic, filed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination based on sex, or retaliation for engaging in a protected activity, against a respondent and requesting that the University investigate the allegation of harassment based on sex or retaliation for engaging in a protected activity. At the time of filing a formal complaint of Title IX sexual harassment, a Complainant must be participating in or attempting to participate in the education program or activity of the University with which the formal complaint is filed. The complaint must contain the Title IX Coordinator’s or the Complainant’s physical or digital signature, or otherwise indicate that the Complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not considered a Complainant or otherwise a party.
  4. Directly Related Evidence is evidence that in the reasoned judgment of the investigator, is determined to be connected to the complaint even if not relied upon by the investigator in the investigation report.
  5. Education program or activity means all of the operations of the University, as well as, locations, events or circumstances where UMS exercises substantial control over both the Respondent and the context in which the Title IX sexual harassment occurs and also includes any building owned or controlled by a student organization that is officially recognized by the University.
  6. Final Determination a written determination by a Decision-maker or Panel by the preponderance of the evidence standard whether the alleged conduct occurred and whether it did or did not violate policy, which includes all of the following: identification of the allegations potentially constituting Title IX Sexual Harassment as defined in Article XVI(1)(xii) below; a description of the procedural steps taken by the University from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; findings of fact supporting the determination; conclusions regarding the application of the this Policy to the facts; a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and whether remedies designed to restore or preserve equal access to UMS’s education program or activity will be provided by the University to the Complainant; and the procedures and permissible bases for the Complainant and Respondent to appeal.
  7. Formal Complaint Process means a method of formal resolution designated by the University to address conduct that falls within this Title IX Sexual Harassment policy and process, and which complies with the requirements of the Title IX regulations.
  8. Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing conduct on the basis of sex.
  9. Official with Authority (OWA) means an employee of UMS explicitly vested with the responsibility to implement corrective measures for harassment based on sex, and/or retaliation on behalf of UMS.
  10. Relevant Evidence is evidence that tends to prove or disprove an issue in the complaint.
  11. Remedies are post-finding actions provided to the Complainant where a determination of responsibility for sexual harassment has been made against the Respondent after the Formal Complaint Process in this Policy as mechanisms to address safety, prevent recurrence, and restore access to UMS’s educational program.
  12. Title IX Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence as defined in Article XVI(2) of BOT 402.
  13. Title IX Team refers to the Title IX Coordinator, Deputy Title IX Coordinators, Investigators, Hearing Decision-maker or Panel, or University provided Advisor.
  1. Filing a Report

Any person may file a report with the UMS Title IX Coordinator, campus Deputy Title IX Coordinator (“Deputy”), or the Equal Opportunity Officer, at any time. Complaints may be reported by using any of the following mechanisms below:

Liz Lavoie, UMS Title IX Coordinator

241 Estabrooke Hall, University of Maine

Orono, ME 04469

Ph: 207.581.1226 or 207.581.5866

Fax: 207.581.5856

titleix@maine.edu

umaine.edu/eo

equalopportunity@maine.edu

or mailto:titleix@maine.edu

File an electronic complaint: https://cm.maxient.com/reportingform.php?UnivofMaineSystem&layout_id=1

  1. Initial Assessment of Report/Complaint

Upon receiving notice of a possible violation of Board Policy 402: Sex Discrimination, Sexual Harassment, Sexual Assault, Relationship Violence, Stalking, Retaliation, and Title IX Sexual Harassment, UMS will promptly initiate an assessment of the report to determine next steps, taking into consideration the Complainant’s expressed wishes about how they want to proceed.

  1. Outreach to Complainant

In conjunction with the campus Deputy, the UMS Title IX Coordinator will determine which member of the Title IX Team will reach out to the person who reported the incident. The designated Title IX team member will promptly reach out to the individual who reported the information and/or the individual named as a Complainant. The UMS Title IX team member will provide the following:

a) Information to the Complainant on the availability of supportive measures, whether the Complainant wants to file a formal complaint or not, and consideration of the Complainant’s wishes regarding supportive measures; such measures are designed to restore or preserve equal access to the Complainant’s education and activities; these supports are non-punitive, do not unreasonably burden the other party; and protect the safety of all individuals and the campus community.

b) Information on the formal Title IX complaint process and how to file a formal complaint.

c) Information regarding the right to have an Advisor of Choice through the process; and offer for UMS to provide an Advisor at no cost.

d) Information on the informal process (noting that a formal complaint must be filed before initiating this step.)

e) A copy (or website link) of their rights under the process.

f) A copy (or website link) to the Title IX Sexual Harassment policy and procedures.

g) The UMS Title IX team member will file any applicable anonymous Clery documentation and assessments.

  1. Formal Complaints

Upon confirming that a Complainant would like to file a formal complaint, the Title IX Coordinator, Deputy Title IX Coordinator, or the Equal Opportunity Officer is required to get a physical or electronic signature indicating the Complainant would like to file a formal complaint. If the Complainant is not actively on campus, the University will accept an email from the Complainant stating that they would like to file a formal complaint.

In instances in which, the Complainant does not wish to file a formal complaint, the UMS Title IX Coordinator reserves the right to file a formal complaint. However, the UMS Title IX Coordinator would not become a Complainant or otherwise become a party in the formal complaint. The UMS Title IX Coordinator will inform the Complainant of this decision in writing, and the Complainant need not participate in the process further but will receive all notices issued under this process.

Complainants are only able to file a Formal Complaint under this Policy if they are currently participating in, or attempting to participate in, the education programs or activities of the University, including as an employee. For complainants who do not meet this criteria, the University may utilize the existing policy in BOT 402.

Nothing in this process or BOT 402 prevents a Complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process.

In response to a formal complaint the Title IX Coordinator, Deputy Title IX Coordinator, or the Equal Opportunity Officer will:

a) Treat all parties equitably by offering supportive measures to both parties throughout the process;

b) Continue to provide supportive measures to parties even after the formal complaint process has concluded;

c) Provide remedies designed to restore or preserve equal access to the party’s educational program or activity if a Respondent is found responsible at the end of the informal or formal grievance process;

d) Offer a UMS trained Advisor free of cost to the each party;

e) Presume that the Respondent is not responsible for the alleged conduct until a determination of responsibility has been concluded through the informal or formal grievance process.

f) Require an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence.

g) Ensure that credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

h) Require that any individual involved in the formal or informal complaint process, other than an Advisor designated by the University, not have a conflict of interest or demonstrated bias for or against complainants or respondents generally or an individual Complainant or Respondent.

  1. Initial Notice of Investigation and Allegations

The Title IX Coordinator, Deputy Title IX Coordinator, or the Equal Opportunity Officer will provide written notice to the parties regarding the formal complaint. The written notice will be provided via the parties’ University email address or other provided contact means with sufficient time to prepare a response before any initial interview of a party. The written notice of investigation and alleged allegation(s) of potential sexual harassment shall include:

a) Sufficient details known at the time including, but not limited to:

a. Identity of the parties involved in the incident;

b. Alleged conduct allegedly constituting sexual harassment;

c. The date and location of the alleged incident, if known;

d. A statement that the Respondent is presumed not responsible for the alleged conduct;

e. A statement that the determination of responsibility is made at the conclusion of the complaint process;

f. Informing the parties that the UMS Student Conduct Code and the UMS Board of Trustee Policy Manual prohibits knowingly making false statements or knowingly submitting false information during the complaint process;

g. Informing the parties that they have a right to an Advisor of their choice, who may be, but is not required to be, an attorney;

h. The right to a free, trained UMS Advisor;

i. The parties and their Advisors have the right to review evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source.

j. A day, time, and location to meet with the Title IX Coordinator, Deputy Title IX Coordinator, or the Equal Opportunity Officer who sent the letter; ensuring reasonably available supportive measures are offered to the Respondent.

  1. Investigation

The investigation will be conducted by a  member of the Title IX Team who has been trained on: the definition of Title IX Sexual Harassment; the scope of the UMS’ education program and activities; how to conduct an investigation and the complaint process, including hearings, appeals, and informal resolution processes; including how to serve impartially and how to avoid prejudgment of the facts; conflicts of interest; bias; relevance of questions and evidence – including rape shield protections; how to write a fair investigative report; and any technology used during the investigation and live hearing.

During investigation of a formal complaint the burden of proof and gathering evidence is always on UMS, never the parties. A party or witness will be asked to provide any necessary documents, pictures, screenshots, etc. that may assist the University in gathering evidence. The parties will have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence. Parties will receive written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings at which that party’s participation is invited or expected, with sufficient time for the party to prepare to participate. UMS will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence during the investigation.

All investigative and hearing interviews will be recorded and transcribed. UMS does not permit any other unauthorized recording (including audio and/or video) of the interview or meeting.

Parties will not be asked to provide medical or psychological records; or evidence collected during a forensic sexual assault or interpersonal violence medical assessment unless disclosed voluntarily with express, written consent. However, should a party choose to provide any records that are maintained by a physician, psychiatrist, psychologist, or other licensed professional or paraprofessional acting in the professional’s or paraprofessional’s capacity or assisting in that capacity, a party will need to provide voluntary, written consent. Please note that any documentation that a party provides will be seen by all parties and their Advisors.

If, in the course of an investigation, the Investigator determines to investigate additional allegations about the Complainant or Respondent that were not included in the original notice, the Investigator must provide notice of any additional allegation(s) to the parties.

  1. Time Frames

The investigation process, barring any unusual circumstances, will be resolved within ninety to one-hundred-twenty (90-120) business days. In certain circumstances, this time frame may not be reasonable if there are extenuating or unusual circumstances. UMS will do its best to resolve all investigations in a reasonable timeframe. UMS appreciates the impact that investigations can have on all parties involved. If there is good cause for delay in the investigation, the parties will be notified in writing of the temporary delay and the reason for the action. Good cause could include concurrent law enforcement activity, accommodations of disabilities, or other matters that could have a direct impact on the investigation.

Prior to the completion of the investigative report, the University will send to the parties and their Advisors evidence that is directly related to the allegations in the formal complaint that was collected during the investigation. The parties and their advisors will have 10 days to review this evidence and submit a written response to the investigator. The Investigator(s) will share the response(s) with the other parties and their Advisors, and will then consider the responses and take any necessary further investigatory action. Any follow up action needed will then be completed by the Investigator(s).

After any follow up action needed (or if there is none), the Investigator(s) will write an investigative report that fairly summarizes the relevant evidence within 14 business days of receipt by the Investigator of the parties’ responses to the evidence.

The Investigator(s) will then forward their report to the UMS Title IX Coordinator or their designee for review. Any suggested changes to the report will be provided to the Investigator(s) within 5 business days. Any suggested changes will be incorporated into the investigative report by the Investigator within 5 business days.

The parties and their Advisors will have another review period for 10 days in which to review the investigative report and submit a written response prior the hearing. The Investigation phase is then concluded. No determination of credibility, findings or responsibility will be included in the Investigator(s) report.

The Investigator(s) will then provide the completed report to the UMS Title IX Coordinator, Deputy Coordinator, or Equal Opportunity Officer overseeing the case; who will then forward the completed investigative report to the Decision-maker(s) assigned to the case. Notification of the names of the Decision-maker(s) will be sent to both parties and their Advisors by the UMS Title IX Coordinator, Deputy Coordinator, or Equal Opportunity Officer overseeing the case, at least five (5) business days prior to the hearing.

The investigation report and any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination.

The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX grievance process.

The parties and their advisors agree not to photograph or otherwise copy the evidence.

  1. Hearings

The hearing will be composed of a single Decision-maker or a panel of three Decision-makers at the discretion of the UMS Title IX Coordinator or the Equal Opportunity Officer. If the hearing is composed of three Decision-makers, one of them will be designated as a voting Chair. In either case, the Decision-maker or Chair will reach out to both parties and their Advisors for separate pre-hearing meetings to discuss rules of decorum, process, and any witnesses that need to be present for the hearing.

A live hearing is required and will be recorded by UMS. All recordings are property of UMS. No other recording of any kind will be permitted. At the live hearing, the parties must be able simultaneously to see and hear the party or the witness answering questions.

All live hearings will be conducted using Zoom or another telecommunication method. A party may request an in person live hearing. Such a request for a live in person hearing will be subject to the agreement of the other party and must be submitted to the UMS Title IX Coordinator, Deputy Title IX Coordinator, or Equal Opportunity Officer within 24 hours of receiving notice of the hearing date and time. The request will be evaluated by the Title IX Team involved; after a determination of the request has been made, a written response will be provided to both parties and their Advisors, within 2 business days of the receipt of the request.

Should either party need assistance with participating in or finding a private place to participate in the hearing they should reach out to the UMS Title IX Coordinator, Deputy Title IX Coordinator, or Equal Opportunity Officer within 24 hours of receiving the notice of the hearing date and time.

At the hearing all parties and their Advisors, will have the same materials as the decision- maker(s). At the hearing the decision-maker(s) or the Chair may ask relevant questions of both parties and the witnesses.

All other members of the committee (if using the three-member panel process) will be able to ask relevant questions of both parties and witnesses; however the Chair will need to determine the relevance of the question and explain any decision to exclude the question as not relevant before the party or witness may answer.

The advisor of each party will also be able to ask relevant questions of the other party and any witness during the hearing. However, prior to the party or witness answering the question, the Chair must:

a) Determine if the question is relevant.

b) If the question is not relevant, the Decision-maker (or Chair) will state why the question is not relevant and the party or witness will not answer the question. (At any time the Decision-maker [or Chair] may call a recess to confer with UMS General Counsel.)

c) The Decision-maker or Chair may ask the Advisor to explain the relevance of the question posed in order to render a ruling on relevance. However, the Advisor will otherwise not be permitted to discuss or argue with the Decision-maker’s (or Chair’s) determination.

During the hearing the decision-maker(s) and the advisor(s) will not question the Complainant about the Complainant’s prior sexual conduct with anyone other than the Respondent unless the question is relevant to establish that someone else committed the conduct alleged to be a violation of this policy. Information regarding any prior sexual conduct or dating relationship between the Complainant and the Respondent by itself shall not imply consent or preclude a finding of a violation, but may be relevant and explored during questioning to understand the nature and context of the parties’ relationship and how consent to sexual activity was communicated between the parties.

If a party or witness does not submit to cross-examination at the hearing, the decision-maker(s) must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the decision-maker(s) cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’ absence from the hearing or refusal to answer any cross-examination or other question(s). The University may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence, including through any evidence gathered that does not constitute a “statement” by that party. For example, A verbal or written statement constituting part or all of the sexual harassment itself is not a “prior statement” that must be excluded if the maker of the statement does not submit to cross-examination about that statement. In other words, a prior statement would not include a document, audio recording, audiovisual reading, and digital media, including but not limited to text messages, emails, and social media postings, that constitute the conduct alleged to have been the act of sexual harassment under the formal complaint.

If either party chooses to not attend the hearing, they must have their advisor attend to cross- examine the other party. Should a party’s advisor not attend the hearing, UMS reserves the right to provide a free advisor of its choice to the party, so the advisor may cross-examine the other party and/or any witnesses. The decision-maker(s) may not draw any negative inferences from the absence of one or both parties’ attendance of the hearing.

Should a party or the party’s advisor choose not to cross-examine a party or witness, the party shall affirmatively waive cross-examination through a written or oral statement to the Chair or Panel. A party’s waiver of cross-examination does not eliminate the ability of the Chair or Decision-maker(s) to use prior statements made by the party.

  1. Determination Regarding Responsibility

The decision-maker(s), who will not be the same person as the Investigator or the Title IX Coordinator, must issue a written determination regarding responsibility within 15 business days of the hearing.

To reach this determination, the decision-maker(s) must apply the Preponderance of the Evidence standard. Deliberations are not recorded and will be kept confidential. The written determination must be sent to the parties simultaneously and include:

a) Identification of the allegations potentially constituting Title IX Sexual Harassment as defined in the University of Maine System, Board Policy 402, Section XVI, Title IX Sexual Harassment (pg.’s. 20-24);

b) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

c) Findings of fact supporting the determination;

d) Conclusions regarding the application of the University of Maine System, Board Policy 402, Section XVI, Title IX Sexual Harassment (pg.’s. 20-24) to the facts;

e) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the UMS imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the UMS’ education program or activity will be provided by the UMS to the Complainant; and

f) Procedures and permissible bases for the Complainant and Respondent to appeal.

If the Respondent if found responsible for a violation; the decision-maker(s) will consider any previous disciplinary action involving the Respondent when determining sanctions.

The recording of the hearing will be available for review (though copies will not be provided) by the parties within 10 business days, unless there are any extenuating circumstances.

  9. Appeals

UMS offers both the Complainant and the Respondent the ability to file an appeal from a determination regarding responsibility, and from UMS’s decision, if any, to dismiss a formal complaint, or any allegation therein, on the following bases:

a) Procedural irregularity that affected the outcome of the matter;

b) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and

c) The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or demonstrated bias for or against complainants or respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

Once formal notification is sent out, each party has five business days to file their appeal. The appeal should be sent to the UMS Title IX Coordinator, the Deputy Title IX Coordinator, or the Equal Opportunity Officer overseeing the case.

When an appeal is received the Title IX Coordinator, Deputy Title IX Coordinator, or the Equal Opportunity Officer will:

a) Notify the other party in writing and implement the appeal procedures equally for both parties;

b) Ensure that the decision-maker(s) for the appeal is not the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator;

c) Ensure that the decision-maker(s) for the appeal complies with the standards set forth in section 4(h) and section 14 of this document;

d) Give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;

e) Issue a written decision describing the result of the appeal and the rationale for the result within 10 business days of receipt of the parties written appeal statements; and

f) Provide the written decision simultaneously to both parties.

  1. Dismissal of Investigation

UMS must investigate allegations in all formal complaints. If the alleged conduct, in a formal complaint would not constitute Title IX Sexual Harassment as defined in the University of Maine System, Board Policy 402, Section XVI, Title IX Sexual Harassment (p. 20), UMS will promptly dismiss the formal complaint; such dismissal does not preclude UMS from taking action under other applicable provisions of Board Policy 402, the Equal Opportunity Complaint Procedures or the Student Conduct Code. Nor does it preclude the University from providing supportive measures or offering to assist the Complainant in filing a complaint with law enforcement, another institution/employer.

  1. Reasons for Dismissal

a) The alleged conduct in a formal complaint, if proven, would not constitute Title IX Sexual Harassment as defined in the University of Maine System, Board Policy 402, Section XVI, Title IX Sexual Harassment (p. 20).

b) The Complainant requests to withdraw the formal complaint or any allegations therein and UMS agrees to dismiss the complaint and or allegations.

c) UMS and both parties agree to an informal resolution.

d) The alleged sexual harassment did not occur within the context of UMS’s educational program or activity.

e) The alleged conduct did not occur within the United States.

f) At the time of filing the formal Title IX Sexual Harassment complaint, the Complainant was not participating in or attempting to participate in UMS’s education program or activity. If the Complainant is not participating or attempting to participate in UMS’s educational program or activity the complaint will be referred to the Office of Equal Opportunity or Student Conduct, depending on the status of the Respondent.

Upon notification of the formal complaint dismissal both the Complainant and the Respondent have a period of five business days to appeal the dismissal. The written appeal should be sent to the UMS Title IX Coordinator, Deputy Title IX Coordinator, or the Equal Opportunity Officer who dismissed the complaint. Please see section 9 for further information on appeals.

Dismissal does not preclude UMS from taking action under other applicable provisions of Board Policy 402, the Equal Opportunity Complaint Procedures or the Student Conduct Code.

  1. Consolidation of Complaints

If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and conduct that would not constitute covered sexual harassment, this process will be applied in the investigation and adjudication of all of the allegations.

At the discretion of the UMS Title IX Coordinator or the Equal Opportunity Officer, when there are complaints arising from the same facts or circumstances or that include more than one complainant or one respondent, the formal complaints may be consolidated into one investigation or separated into multiple investigations.

In situations where there is a cross complaint (or counter claim), UMS may consolidate the investigation if the information and facts collected arise from the same incident(s).

  1. Emergency Removal

UMS reserves the right to take emergency removal action upon a Respondent. In cases where an emergency removal may be required, the UMS Title IX Coordinator or the Equal Opportunity Officer will work with campus officials who have specialized training in threat assessment.  Through a safety and risk analysis, it will be determined if the Respondent is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Title IX sexual harassment.

Notice of an emergency removal will be provided to the Respondent and the Respondent will be provided an opportunity to challenge the decision immediately within two business days following the removal. The written challenge should be forwarded to the UMS Title IX Coordinator for review. The UMS Title IX Coordinator, Equal Opportunity Officer and in conjunction with another member of the Title IX Team will review the challenge and respond within two business days.

I. Students

Emergency removal, could include removing a student from campus, housing, prohibiting any participation in the University’s programs, events, and/or activities. Any emergency removal will be done in consultation with the UMS Title IX Coordinator and the Dean of Students (or their designee). Other interim measures could include but are not limited to putting a hold on the student’s account so they may not receive a transcript or confirm a degree until the complaint process is completed.

II. Employees

Emergency removal, could include paid administrative leave, being removed from campus, prohibiting any participation in the University’s programs, events, and/or activities. Any emergency removal will be done in consultation with the UMS Title IX Coordinator, the Equal Opportunity Officer, and Human Resources. Other interim measures could include but are not limited to putting the tenure process on hold until the complaint process in completed.

  1. Advisors

Both the Complainant and the Respondent have the right to have an advisor present during any investigative or disciplinary meeting or proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice, who may be, but is not required to be, an attorney. The University will not limit the choice or presence of an advisor for either the Complainant or Respondent in any meeting or grievance proceeding; however, the University may establish restrictions regarding the extent to which the advisor may participate in the meetings or proceedings, as long as the restrictions apply equally to both parties.

Advisors will be required to sign Rules of Decorum and a Non-Disclosure Agreement in order to participate in the process. Any Advisor who violates the University’s Rules of Decorum may be removed upon violation of those rules. Advisors are expected to hold the highest level of confidentiality during and after the complaint process.

The party’s Advisor will work with their Advisee to conduct questioning (“cross-examination”) of the other party and witnesses during the hearing. The Advisor may write notes back and forth to their Advisee during meetings, interviews, hearings, etc. Other than conducting questioning, the Advisor should not speak at any point during the process except to the advisee, unless they are seeking guidance regarding the procedural process. This rule does not apply to an Advisor who is acting on behalf of the Advisee due to approved ADA accommodations.

Advisors may not be called as witnesses for the purpose of questioning them about their conversations with their Advisees.

  1. Informal Resolution

UMS offers the opportunity for an informal resolution process where the parties voluntarily consent to engage in such an informal process following the filing of a formal complaint. UMS may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment consistent with this section.

UMS may not require the parties to participate in an informal resolution process under this section and may not offer an informal resolution process unless a formal complaint is filed. However, at any time prior to reaching a determination regarding responsibility UMS may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided UMS obtains voluntary, written consent from both parties and provides written notice to both parties:

a) Disclosing the allegations;

b) The requirements of the informal resolution process including any provisions in which a formal complaint cannot be filed on the same allegations;

c) The right of either party and the University to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint;

d) Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;

e) Notice that statements made during the informal resolution process may not be brought up in a formal hearing.

An informal resolution process may never be used to resolve allegations that an employee sexually harassed a student as defined under Title IX.

  1. Training of Title IX Team

The Title IX Team consists of the UMS Title IX Coordinator, Deputy Title IX Coordinator, Investigators, Decision-makers, Advisors, and Hearing Hosts. The entire team is trained annually and are required to attend at least 8 continuing education courses offered throughout the year. The Title IX team is trained on the following:

a) Definition of Title IX sexual harassment;

b) Definition of education program or activity;

c) Informal resolution processes;

d) How to conduct an investigation & complaint process including hearing, appeals, and informal resolution processes;

e) How to be impartial, including avoiding stereo-types, prejudgments, conflicts of interest, and bias;

f) On issues of relevance during questioning, evidence, investigating, and the hearing process;

g) Rape shield protections;

h) Investigative report writing & summarizing evidence;

i) Technology used throughout the investigative and hearing process.

All of the training materials are provided on the Title IX Information page under “staff training.”.

  1. Resigning or Withdrawing Pending an Open Investigation

In the event that the Complainant withdraws from the institution or resigns, the University may dismiss the case. However UMS will then evaluate the case to determine if it needs to be referred to the Student Conduct Process or the Equal Opportunity Complaint Procedures for Investigation.

In the event that a Respondent withdraws from the institution the investigation may continue or the University may place a hold on the student’s account not allowing them to access their transcripts or enroll in classes until the matter is fully resolved.

In cases where the Respondent is an employee and resigns from their position, UMS will not allow the individual to be rehired, for any reason, pending resolution of the investigation. Any future inquires about employment matters may reveal that the employee resigned during an open and still pending disciplinary investigation. UMS will not disclose that it was a pending Title IX investigation, unless there is written consent provided by the Respondent and Complainant.

 17. Retaliation

Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this part does not constitute retaliation, provided however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

All parties and witnesses are protected and should not be retaliated against for filing a complaint or for participating or not participating in an investigation or hearing. All forms of retaliation are prohibited and will be taken seriously. Any reports of retaliation should be made directly to the UMS Title IX Coordinator, Deputy Title IX Coordinator, or the Equal Opportunity Officer.

  1. Recordkeeping

All records will be maintained for a period of seven years. All records include:

a) Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment;

b) The basis for UMS’s conclusion that UMS’s response was not deliberately indifferent;

c) Document that UMS has taken measures designed to restore or preserve equal access to the UMS education program or activity;

d) If UMS does not provide a Complainant with supportive measures, then UMS must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

e) The documentation of certain bases or measures does not limit UMS in the future from providing additional explanations or detailing additional measures taken.

f) Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript;

g) Any appeal and the result therefrom;

h) Any informal resolution and the result therefrom; and

i) All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. UMS must make these training materials publicly available on its website.

I. SUMMARY

The University of Maine System (“UMS”) joins with the American College Health Association (ACHA) in supporting the findings of the U.S. Surgeon General that tobacco and nicotine use in any form, active and passive, is a significant health hazard. UMS further recognizes that secondhand smoke has been classified as a Group A carcinogen by the United States Environmental Protection Agency (EPA). UMS supports the finding that smoking and the use of tobacco products is detrimental to the health and safety of everyone and thus promotes an environment where the students, faculty, staff, contractors, vendors, and visitors are not exposed to the harmful effects of secondhand smoke and are supported in efforts to live tobacco-free.

The success of this policy depends on the thoughtfulness, consideration, and cooperation of everyone. It is the responsibility of all members of a UMS campus community to comply with this policy.

II. POLICY STATEMENT

In compliance with Federal and State Laws, the University of Maine System is dedicated to providing students, staff, faculty, and visitors with a safe and healthy environment. As such, UMS offers tobacco and smoke-free communities.

This Tobacco and Smoke Free Policy applies to all students, faculty, staff, contractors, vendors, and visitors. Organizers of, and attendees at public events, including, but not limited to, conferences, meetings, lectures, social events, cultural events and/or athletic events using university owned, leased and affiliated property are required to abide by the policy.  In addition to prohibiting smoking and the use of tobacco and nicotine products, and to best support a tobacco and smoke free lifestyle, UMS prohibits:

A. Selling or distribution of all tobacco products and paraphernalia in all UMS locations and at UMS sponsored events;

B. Advertising and promotion of tobacco products on any UMS owned, leased and affiliated property;

C. Advertising and promotion of tobacco products in all UMS publications, including, but not limited to, newspapers and magazines;

D. Accepting donations or gifts from tobacco companies; and

E. Littering the remains of smoking or tobacco products or packaging on any UMS owned, leased, or affiliated

This policy prohibits the use of any smoking, tobacco and nicotine delivery products:

A. On all UMS owned, leased and affiliated property;

B. At all UMS sponsored events, both on and off campus, whether indoors or outdoors;

C. In all UMS owned, leased, or rented vehicles;

D. In all personal vehicles on UMS owned, leased, and affiliated

In addition, UMS encourages all students, employees and guests to be respectful and courteous to our community neighbors and avoid smoking within 20 feet of entryways, windows, vents and doorways, and any location that allows smoke to circulate back into a UMS owned, leased or affiliated building.

The University provides reasonable accommodations to qualified individuals with disabilities upon request. Individuals are encouraged to consult with the appropriate office on their campus.

III. DEFINITIONS

A. University of Maine System (“UMS”): means collectively or singularly, any of the following campuses: University of Maine at Augusta; University of Maine at Farmington; University of Maine at Fort Kent; University of Maine at Machias; University of Maine (Orono); University of Maine at Presque Isle; University of Southern Maine; and all other UMS owned and leased real Property.

B. Smoking: “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated, cigar, cigarette, pipe or joint, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and cannabis (medical and recreational), whether natural or synthetic in any manner or in any form. “Smoking” also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device or any other device intended to simulate smoked tobacco for the purpose of circumventing the prohibition of smoking in this policy

C. Tobacco: All tobacco-derived or containing products, including but not limited to, cigarettes, cigars, little cigars, cigarillos, bidis, kreteks; all smokeless and dissolvable tobacco products, including but not limited to, dip, spit/spit-less, chew, snuff, snus and nasal tobacco, and any product intended to mimic tobacco, containing tobacco flavoring or delivering nicotine, including but not limited to electronic nicotine delivery systems, e-cigarettes, e-cigar, e- hookahs, vape pen, or any other product name or descriptor. Or the use of any other type of tobacco or nicotine product for the purpose of circumventing the prohibition of tobacco in this policy. This does not include products specifically approved by the US Food and Drug Administration (FDA) for the purpose of cessation of smoking or nicotine replacement therapy.

IV. EXCEPTIONS

A. Religious and Ceremonial: Religious and ceremonial tobacco use with prior approval from the Chief Student Affairs Officer or

B. Research: Research with prior approval from the Institutional Review Board with notification to the appropriate Human Resources office, Vice President for Research or other comparable/appropriate

V.  ENFORCEMENT

Everyone is required to comply with this system-wide Tobacco and Smoke Free Policy. Enforcement of this policy is viewed as a shared responsibility of all those in the campus community. Each campus is responsible for developing and communicating procedures for reporting and enforcing violations. The primary goal is to achieve voluntary compliance by educating students, faculty, staff, contractors, vendors, and visitors about the policy and providing smoking cessation assistance, as applicable.

Members of the campus community who see violations of this policy are encouraged to share policy information and/or follow reporting procedures for their location.

Violations may be handled in the following manner:

A. Students who are found in violation of this policy may be subject to disciplinary action in accordance with the UMS Student Conduct Code;

B. Employees who are found in violation of the policy may be subject to progressive disciplinary action up to and including termination;

C. Visitors who violate this policy may be required to leave UMS property; or

D. Contractors and vendors who violate this policy may be required to leave UMS property and it may impact their ability to remain a UMS

POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT ALLOWED ON ANY UMA PREMISES EXCEPT UNDER THE FOLLOWING CONDITIONS:

Alcoholic beverages may be possessed or consumed on the University of Maine at Augusta campus only by persons 21 years of age or older and only with specific authorization. No alcohol will be served at any student function on campus. When alcohol is permitted, such functions will occur off-campus at facilities licensed to sell alcohol.

  • Consumption of alcoholic beverages is prohibited in a public place. This applies to any and all UMA functions open to the public, such as concerts, dances, and athletic events whether inside UMA buildings or out-of-doors.
  • Anyone under 21 years of age who purchases or possesses any intoxicating liquor may be subject to prosecution. Anyone who aids a minor in procuring liquor may be punished by a fine, imprisonment, or both.
  • Alcoholic beverages shall only be supplied by an appropriately licensed caterer. Proof of licensure will be required by the University.
  • No E&G funds may be used to purchase alcoholic beverages.
  • A reasonable quantity of non-alcoholic beverages will be made available during any function authorized to permit the consumption of alcohol.
  • Each individual must assume responsibility for his or her behavior while drinking and must understand that being under the influence of alcohol in no way lessens accountability to the University community. Infractions by students of regulations pertaining to the use of alcoholic beverages will be dealt with under the Student Conduct Code.

Permission may be granted by the Director of Campus Safety and Security. If the event is a student-sponsored event, advance permission must also be granted by the dean of students. A “UMA Social Event Registration Form” must be completed and returned to the Office of Campus Safety and Security at least one week prior to the event. The form indicates the specifics of the event and lists those responsible for assuring that University policies and state laws are observed. Possession or consumption of alcoholic beverages at special occasions is only allowed when permission of the University has been explicitly granted. If you have questions regarding this policy, please contact the Director of Campus Safety and Security in Augusta.

University policy recognizes that substance abuse is a complex problem that is not easily resolved solely by personal effort and may require professional assistance and/or treatment. Accordingly, each campus and University Services have designated an individual to assist employees and students who seek referral for assistance with a substance-abuse problem. Students, faculty, and staff members with substance-abuse problems are encouraged to take advantage of available diagnostic, referral, counseling, and prevention services. However, employees and students availing themselves of these services will not be granted special privileges and exemptions from standard personnel practices applicable to job performance requirements and from standard academic and student conduct requirements. The University will not excuse acts of misconduct committed by employees and students whose judgment is impaired due to substance abuse.

Alcoholic Beverages
The sale, possession, and use of alcohol on campuses of the University of Maine System must comply with the laws of the state of Maine and with local campus regulations and procedures. The acquisition, possession, transportation, and consumption of alcohol by anyone under 21 years of age is prohibited by University policy.
Alcohol may be possessed or consumed on University property only by persons 21 years of age or older in their rooms or in appropriately licensed and/or approved campus facilities. Persons are expected to assume responsibility for their own behavior while drinking and must understand that being under the influence of alcohol in no way lessens their accountability to the University community.

Illegal Drugs
The possession, use, manufacture, dispensing or distribution of illegal drugs (heroin, cocaine, marijuana, LSD, steroids, etc.) is prohibited at any time on University property and as part of any University activities. “Illegal drugs” does not mean the use of drugs under a valid prescription. Employees and students known to use, possess, manufacture, dispense, or distribute illegal drugs are liable to public law-enforcement actions and University disciplinary actions. Employees and students who use prescribed medications are responsible for their secure storage and disposal.

Sanctions
Employees and students who violate the University’s policy will be subject to disciplinary action by the University. The severity of the imposed sanctions will be appropriate to the violation; possible sanctions include suspension, probation, dismissal, restitution, official censure or reprimand, referral for prosecution, participation in a rehabilitation program, and other actions the University deems appropriate.

Special Rules That Apply to Employees and Students Under The Drug Free Workplace Act
In November of 1988, the United States Congress enacted the Anti-Drug Abuse Act which contains a section called the “Drug Free Workplace Act of 1988.” This section requires organizations receiving federal grants and contracts to ensure that their workplaces are free from illegal use, possession, manufacture, dispensation, or distribution of controlled substances.
The law requires employers who receive federal funds to:

  • notify employees that drug abuse is prohibited in the workplace,
  • establish a drug-free awareness program,
  • require each employee to notify the University of any criminal drug conviction for violations occurring in the workplace, and
  • impose sanctions or remedial actions for convicted employees.

As a result of the Anti-Drug Abuse Act of 1988, a court of law may suspend or terminate an individual’s eligibility for federal benefits, including student financial assistance, if that individual is convicted of certain drug offenses.

As a University employee, the Drug Free Workplace Act requires you to notify your supervisor (for example, Department Director or Principal Investigator) if you are convicted of any workplace-related criminal drug violation. You must notify your supervisor within five calendar days after the conviction. Failure to report a conviction may be grounds for dismissal.
The University must report in writing to the contracting or granting agency within 10 calendar days of receiving notice of the conviction.

Violations of the Drug Free Workplace Act can result in:

  • disciplinary action, including dismissal
  • suspension of payments under the grant
  • suspension or termination of the grant
  • suspension or debarment of the grantee

Maine has a medical marijuana law that permits medical use and possession of marijuana under certain circumstances. However, permitting employees or students to use or possess marijuana for medical purposes on campus would violate the federal Drug Free Workplace Act. Consequently, medical use or possession of marijuana on campus is prohibited. Employees and students who are under the influence of medical marijuana are not exempt from normal conduct and job performance standards.

WHERE CAN EMPLOYEES GO FOR HELP? WHERE CAN STUDENTS GO FOR HELP?
Each campus of the University of Maine System has designated individuals to help students and employees deal with substance abuse problems. In addition to the designated individuals, you may discuss problems with residence hall staff, counselors, or your supervisor. Those individuals can help you get assistance from a trained professional. TTY callers may contact these individuals through the Maine Telecommunications Relay Service (MERS) at 711.

EMPLOYEES:
All Locations: CIGNA Behavioral Health Employee Assistance Program; Telephone: 1-877-622-4327

STUDENTS:
UMA/Augusta Campus
Terri Reiter, Director of Student Support and Development
Telephone: 621-3044 or 1-877-UMA-1234, ext. 3044

UMA/Bangor Campus
Jennifer Mascaro, Director of Student Support and Development
Coordinator of Counseling Services
Telephone: 262-7835

UMS CENTERS
Students may contact either the Student Services Coordinator at the center or the designated campus person at the campus of enrollment.

In addition to campus resources you may find local social service agencies who can help. Consult the telephone directory. “Community Services Numbers” are listed in the front of the directory. Also see the Yellow Pages listings for Alcoholism Information and Treatment Centers and Drug Abuse and Addiction Information and Treatment.
The following state and national telephone numbers may also be helpful:
1-800-499-0027—Maine Office of Substance Abuse and Mental Health Services Information and Resource Center, to receive information about treatment services.
1-800-662-HELP—Referral for Alcohol and Substance Abuse Services.

Maine Alcohol Laws

Furnishing liquor to a minor (or allowing a minor to consume alcohol in a place under your control): up to $2,000 fine and less than one year in jail. Furnishing liquor to a visibly intoxicated person: 6 months in jail and/or $500 fine.
Maine Liquor Liability Act: civil liability for negligently or recklessly serving alcohol to a minor or a person visibly intoxicated. If property damage, bodily injury, or death results, monetary damages of up to $350,000 plus medical expenses may be awarded. This act could apply to a person or organization that is not licensed to serve alcohol.
Illegal sale of liquor (without a license from the Maine Bureau of Alcoholic Beverages): $300 – $500 fine plus costs, plus up to 30 days in jail for the first offense.
Illegal possession with intent to sell: up to $1,000 fine and six months in jail. Any vehicle used to transfer liquor with intent to sell the liquor illegally can be seized.
Operating Under the Influence (OUI)
Maine motor vehicle law makes it a crime for any person to operate a motor vehicle in Maine under the influence of alcohol or drugs or with an excessive blood-alcohol level. Penalties for first convictions are:
If your blood-alcohol content is .08 to .14 percent:

  • a fine of at least $500, and
  • loss of license for at least 150 days

If your blood-alcohol content is .15 percent or more, or you are traveling 30 m.p.h. or more over the speed limit, or you attempt to elude an officer of the law, or you have a passenger in the vehicle who is under 21 years of age:

  • a fine of at least $500
  • at least 48 hours in jail, and
  • loss of license for at least 150 days

If you refuse to submit to a blood alcohol test:

  • a fine of at least $600
  • at least 96 hours in jail, and
  • loss of license for at least 150 days

Penalties for subsequent convictions are more severe. If you are convicted for OUI while under suspension for previous OUI, your vehicle may be seized. If you refuse to be tested, you automatically lose your license for a minimum of 275 days. Maine civil law also prohibits drinking alcoholic beverages while driving on a public road and the possession of an open container of alcohol by the driver or a passenger.

Special Liquor Laws Relating to Minors
Illegal Possession of Liquor
Any minor (a person under the age of 21 years) who is found to be in possession or control of alcohol, except in the scope of employment or in the minor’s home in the presence of the minor’s parent or guardian, is guilty of a civil infraction and shall be fined:

  • 1st offense, $200 to $400
  • 2nd offense, $300 to $600
  • 3rd and subsequent offense, $600

Teen Drinking Laws
An individual under the age of 21 years shall have his/her license suspended for one year if he/she operates a motor vehicle with any alcohol in his/her blood. Having a passenger under age 21 must also result in an additional 275 day suspension. Refusal to submit to a chemical test will result in an eighteen month suspension of a driver’s license. One can of beer, one glass of wine, or one ounce of distilled spirits can result in a blood alcohol level of .02 or more. Minors who have a blood alcohol level of .08% or more may be prosecuted for the criminal offense of OUI.

Illegal Transportation
No minor shall knowingly transport or knowingly permit to be transported alcohol in a motor vehicle under the minor’s control except in the scope of his/her employment or at the request of the minor’s parent. The penalty is a 30-day driver’s license suspension. A reinstatement fee will be charged to get a license reinstated. Points will be assessed against the offender’s license. Up to a $500 fine may be assessed. A second offense results in a license suspension of 90 days and a fine of not less than $200, and subsequent offenses result in a one-year suspension and a fine of not less than $400.

Maine Drug Laws

Maine law prohibits the knowing, intentional and unauthorized possession, furnishing (distribution or giving away), and trafficking (selling) of scheduled drugs, such as cocaine, marijuana, lysergic acid diethylamide (LSD), heroin, and steroids.

Possession can include merely allowing drugs to be kept in your room, car, or locker even though the drugs are owned by someone else.

Furnishing means giving drugs to another, regardless of profit. If a student on one end of a bleacher sends drugs to a student at the other end, everyone who passed the drugs and who knew (or should have known) they were passing illegal drugs is legally guilty of “furnishing” that drug. Sharing a line of cocaine with friends (even if the friends don’t pay for it) is “furnishing cocaine.”

Aggravated furnishing (carrying longer terms of imprisonment or greater fines) involves an aggravating factor, including but not limited to the following:

  • Furnishing drugs to a minor
  • Furnishing 112 grams or more of cocaine or 32 grams or more of cocaine base
  • Furnishing involving a firearm
  • Prior conviction of a drug-related offense with a prison term of more than a year.

Trafficking is selling or exchanging an illegal drug and getting something in return. Trafficking also includes making, creating, manufacturing, growing, or cultivating drugs, or possessing with the intent to traffick or possessing more than a certain amount of certain drugs.

Aggravated trafficking (carrying longer terms of imprisonment or greater fines) involves an aggravating factor, including but not limited to the following:

  • Trafficking within 1,000 feet of an elementary or
    secondary school
  • Trafficking on a school bus
  • Trafficking involving a minor (under 18)
  • Trafficking 112 grams or more of cocaine or 32 grams or more of cocaine base
  • Trafficking involving a firearm
  • Prior conviction of a drug-related offense with a prison term of more than a year.

In the following table:
* Indicates the amount of the drug possessed determines whether the crime is categorized as possession, furnishing, trafficking, or aggravated trafficking.
** Indicates the court may order any person convicted of possession, furnishing, or trafficking to pay a fine in an amount up to twice the pecuniary gain he/she derived from the crime or to pay a fine equal to the value, as of the time of the offense, of the drugs involved in the offense.
*** Indicates the amount of marijuana will increase the penalties. For example, the penalties for trafficking are increased to up to 5 years in jail and $5,000 fine if the amount of marijuana is 1 to 19 pounds, and up to 10 years in jail and $20,000 fine if the amount of marijuana is 20 pounds or more.
NOTE: State law allows for forfeiture of motor vehicles used in the commission of drug-related crimes. Possession of marijuana may be a civil violation.

SOME STATE OF MAINE ILLEGAL DRUG VIOLATION PENALTIES

COCAINE

(increased penalties for cocaine base and depending on amount)

Possession* Prison: up to 1 yr. &/or
Fine:**$400 up to $2,000
 XX
Furnishing Prison: up to 5 yrs
Fine: $400 up to $5,000
Trafficking Prison: up to 10 yrs. &/or
Fine: $400 up to $20,000
Aggravated trafficking Prison: 4 – 30 yrs. &/or
Fine: $400 up to $50,000
MARIJUANA*** Possession* Prison: up to 6 months &/or
Fine: $400 up to $1,000
Furnishing Prison: up to 1 yr. &/or
Fine: $400 up to $2,000
Trafficking Prison: up to 1 yr. &/or
Fine: $400 up to $2,000
Aggravated trafficking Prison: up to 5 yrs. &/or
Fine: $400 up to $5,000
LSD Possession* Prison: up to 1 yr. &/or
Fine: $400 up to $2,000
Furnishing Prison: up to 5 yrs. &/or
Fine: $400 up to $5,000
Trafficking Prison: up to 10 yrs. &/or
Fine: $400 up to $20,000
Aggravated trafficking Prison: 4 – 30 yrs. &/or
Fine: $400 up to $50,000
HEROIN Possession* Prison: up to 5 yrs. &/or
Fine: $400 up to $5,000
Furnishing Prison: up to 5 yrs. &/or
Fine: $400 up to $5,000
Trafficking Prison: up to 10 yrs. &/or
Fine: $400 up to $20,000
Aggravated trafficking Prison: 4 – 30 yrs. &/or
Fine: $400 up to $50,000
STEROIDS Possession* Prison: up to 6 months
Fine: $400 up to $1,000
Furnishing Prison: up to 1 yr. &/or
Fine: $400 up to $2,000
Trafficking Prison: up to 1 yr. &/or
Fine: $400 up to $2,000
Aggravated trafficking Prison: 1 to 5 yrs. &/or
Fine: $400 up to $5,000

Federal Drug Offenses

The criminal offenses most commonly charged under the Federal Controlled Substances Act are the knowing, intentional, and unauthorized manufacture, distribution, or dispensing of any controlled substance or the possession of any controlled substance with the intent to manufacture, distribute, or dispense. Federal law also prohibits the knowing, intentional, and unauthorized creation, distribution, dispensing, or possession with intent to distribute or dispense a “counterfeit substance.”
Simple possession without necessarily an intent to distribute is also forbidden by federal law and carries a penalty of imprisonment and/or a minimum $1,000 fine. Furthermore, “attempts” and/or conspiracies to distribute or possess with intent to distribute controlled substances are crimes under federal law.
Specific drug crimes carry greater penalties, including:

  • the distribution of narcotics to persons under 21
  • the distribution or manufacturing of narcotics near schools and colleges
  • the employment of juveniles under the age of 18 in drug trafficking operations
  • the distribution of controlled substances to pregnant women

The penalties for violating federal narcotic statutes vary considerably. The penalties may be more harsh based on three principal factors:

  • the type of drug involved (heroin, cocaine, marijuana, LSD, etc.)
  • the quantity of the drug involved
  • prior conviction for a felony drug offense under Federal or State law

With the exception of simple possession charges which result in up to one year imprisonment and/or a fine, maximum penalties for narcotic violations range up to life in prison and, in very limited circumstances, the death penalty. Certain violations carry mandatory minimum prison sentences of either 5 years or 10 years. Harsher penalties will be imposed if a firearm is used in the commission of a drug offense. If a drug offense results in death or serious bodily injury to an individual who uses the drug involved, the penalties are also more harsh.

Anabolic steroids are controlled substances. Distribution or possession with intent to distribute carries a term of imprisonment which may not be less than ten years and a $500,000 fine.

Questions sometimes arise as to what amount of narcotics found in the possession of a person is considered to be for personal use as opposed to the more serious offense of possession with intent to distribute. Federal law, as a general rule, considers anything more than a dosage unit as indicating an intent to distribute. In other words, the greater quantity possessed by the individual, the more likely it is that an individual possessed such quantity with an intent to distribute.

Health Risks Associated with Alcohol and Drug Abuse

Alcohol abuse and drug-use problems have become a national health concern. Alcohol is a chemical. So are drugs. Any chemical is potentially harmful to someone. Some of the health risks associated with alcohol and drugs are listed below. You should contact the resources listed at the beginning of this section for additional information about health risks.

Alcohol

  • Slowing down of brain function, judgment, alertness, coordination, and reflexes
  • Attitude and/or behavioral changes, such as uncharacteristic hostility, or increased risk taking such as driving recklessly
  • Alcohol taken with other drugs can intensify the drug’s effects, alter the desired effect of the drug, cause nausea, sweating, severe headache, and convulsions
  • Addiction or chemical dependency
  • Memory blackouts
  • Uncharacteristic family, school, work, legal problems
  • Physical problems such as cirrhosis of the liver
  • Birth defects and mental retardation in user’s children

Cocaine

  • Destruction of nasal tissues
  • Kidney damage
  • Stroke
  • Diseases of the lung, heart, and blood vessels
  • Cardiac arrhythmia, convulsions, seizures, suppression of respiration, sudden death
  • Intense anger, restlessness, paranoia, fear
  • Hearing and seeing imaginary things
  • Malnutrition

LSD

  • Experiencing frightening hallucinations
  • Triggering more serious problems for a person who has a history of mental or emotional instability
  • Distortions of reality such as feeling that the unusual and sometimes frightening effects of the drug will somehow last forever
  • Tolerance with repeated use means that increased amounts are needed to bring about the same effects
  • Effects may recur (“flashbacks”) days or weeks later, even without further use of LSD
  • Death may result from suicide, accident

Marijuana

  • Elevated blood pressure, coughing, dryness of the mouth and throat, decrease in body temperature, sudden appetite, swollen red eyes
  • Panic reaction, paranoia
  • Distortions of time, reality, and perception, often impairing short-term memory
  • Possible addiction
  • Dysfunctions related to thinking, learning, and recall
  • Impaired ability to drive and do other things that require physical and intellectual capabilities
  • Irritate lungs, aggravate asthma, bronchitis, emphysema
  • Listlessness, fatigue, inattention, carelessness about personal grooming, withdrawal, and apathy
  • Chronic lung disease and lung cancer

Methamphetamine (commonly known as Crank, Crystal Meth, Speed, Meth, Ice)

  • Mood swings, anger, depression
  • Increased heart rate and blood pressure
  • Insomnia
  • Delusions, paranoia
  • Violent and psychotic behavior
  • Convulsions
  • Infectious diseases from injection, including hepatitis and HIV
  • Fatal overdose

Opiates (including heroin, methadone, codeine, OxyContin)

  • Loss of appetite
  • Severe addiction
  • Infectious diseases from injection, including hepatitis and HIV
  • Fatal overdose

Prescription Drugs (most common are OxyContin, Vicodin, Valium, Xanax, Ritalin, Adderall)

  • Unknown reaction or allergy
  • Overdose leading to harm or fatality
  • Addiction
  • Seizures
  • Drowsiness or trouble sleeping
  • Breathing problems
  • Heart problems
  • Disruption of normal body function

Steroids

  • Liver disease
  • Cancer
  • Growth problems
  • Testicular atrophy
  • Bone fusions
  • Acne
  • Psychological problems
  • Rage and uncontrolled anger
  • AIDS
  • Breast reduction
  • Failure of secondary sex characteristics
  • Sexual dysfunction, sterility (reversible), impotence
  • Fetal damage

To avoid receiving failing grades and to have your bill properly adjusted, it is your responsibility to notify the University of your intention to drop some or all of your courses.  You can notify us of your decision in several ways:  a) by calling the Enrollment and Information Services Center in Augusta during normal business hours; b) During the first nine weeks of the semester, you can use MaineStreet to drop your courses.  This system is available 24 hours a day; c) by contacting the Enrollment and Information Services Center on the Augusta campus, or your local campus or University College Center (for medical reasons, see Student Appeals). Students contemplating withdrawal are urged to consult with an academic advisor or counselor for guidance. Failure to withdraw officially may result in failing grades being recorded on the student’s permanent record. Students receiving financial aid are strongly advised to contact Student Financial Services.  Note: if dropping some classes, but not all, please see Add/Drop information. Contact: Enrollment and Information Services Center, Admissions and Student Enrollment Services in Bangor.