Policy 041.00 

Sexual Misconduct

Originator: Title IX Coordinator

University of Maryland University College (UMUC) is committed to creating and maintaining an environment in which all persons who participate in University programs and activities, perform work, and provide services can learn and work together in an atmosphere free from Sexual Misconduct, a form of sex discrimination. UMUC provides training, education, prevention programs, and policies and procedures that promote prompt reporting, prohibit retaliation, and promote timely, fair, and impartial investigation and resolution of Sexual Misconduct cases.

Sexual Misconduct is a type of Sex discrimination that is prohibited by state and federal laws, including Title IX of the Education Amendments of 1972 (Title IX) and Title VII of the Civil Rights Act of 1964. Such behavior may also constitute as criminal activity. In accordance with the University System of Maryland VI–1.60 Policy on Sexual Misconduct, UMUC prohibits and has zero-tolerance for Sexual Misconduct in any form, including, sexual harassment, sexual violence, dating violence, domestic violence, sexual exploitation, and sexual intimidation. Once UMUC receives notice of potential Sexual Misconduct, UMUC will take immediate and appropriate action to eliminate it, prevent its recurrence, and address its discriminatory effects. All other forms of sex based discrimination shall be administered under UMUC Policy 040.30 — Affirmative Action and Equal Opportunity.

Inquiries concerning the application of Title IX may be referred to the UMUC’s Title IX Team or the Department of Education, Office for Civil Rights.

  1. Scope of Policy
    All UMUC Community members are subject to this Policy regardless of their sex, sexual orientation, gender identity and gender expression. To the extent that the applicable state and federal laws apply, this Policy applies to all UMUC locations, including overseas, and all UMUC students, faculty, staff, and applicants for employment, as well as third parties and contractors under UMUC control (UMUC Community).

    UMUC will take immediate and appropriate action if Sexual Misconduct is committed against a member of the UMUC Community:

    1. in any UMUC institution facility or on any UMUC institution property;
    2. in connection with any UMUC sponsored, recognized or approved program, visit or activity, regardless of location:
      1. this includes UMUC sponsored online activities, such as online classrooms;
    3. that impedes equal access to any UMUC education program or activity or adversely impacts the employment of a member of the UMUC Community; or
    4. that otherwise threatens the health or safety of a member of the UMUC Community.

    This Policy supersedes any conflicting policy and procedures contained in UMUC Policy 040.30— Affirmative Action, Equal Opportunity, and Sexual Harassment and UMUC Policy 151.00 — Code of Student Conduct with respect to Sexual Misconduct matters.

  2. Academic Freedom
    Nothing in this Policy is intended to supersede or conflict with any federal compliance obligations. As UMUC strives to prevent and redress sex discrimination, it will continue to respect academic freedom and the free speech rights of students, faculty, employees, and other speakers. This Policy is not intended to restrict the exercise of any expressive activities or speech protected under the U.S. Constitution, specifically, classroom discourse or materials pertaining to sex or gender-based, course-related content.

  3. Options for Immediate Assistance
    UMUC strongly encourages victims of Sexual Misconduct or third parties, including UMUC students, faculty, and staff, to promptly report the alleged misconduct to UMUC’s Title IX Coordinator, a member of the Title IX Team, a Responsible Employee, UMUC’s Confidential Employee, UMUC Security, or local law enforcement.

    Victims are also strongly encouraged to obtain immediate medical assistance following an act of Sexual Misconduct and contact law enforcement. This type of assistance can be critical for the preservation of evidence needed as proof of alleged criminal offenses, obtaining no-contact or protective orders, and the apprehension and prosecution of assailants. Individuals may contact the Title IX Coordinator or another member of the Title IX Team, or UMUC’s Confidential Employee for additional information about how to obtain such medical or law enforcement assistance (See Section V. ‐ Reporting and Confidentiality).

    See Appendix A for local law enforcement contacts for UMUC Stateside and Worldwide locations.

Contact Title IX Coordinator

Steven Alfred

E-mail: titleixcoordinator@umuc.edu

Office: 800-888-8682, ext. 17930

Cell: 301-887-7295

Address

UMUC Headquarters

3501 University Blvd, East

Office of Diversity and Equity , 2316

Adelphi, MD 20783

Get Directions to UMUC Headquarters

Contact UMUC Asia Title IX Investigator

Mario Fail

E-mail: titleixinvestigator-asia@umuc.edu

CIV: +81 (0)425-52-2511, ext. 53680

DSN: 225-3680

Contact UMUC Europe Title IX Investigator

Patricia Jameson

E-mail: titleixinvestigator-europe@umuc.edu

CIV: +49 (0)631-53480368

Contact Ombudsman's Office

Blair Hayes

E-mail: ombudsman@umuc.edu

Phone: 800-888-8682, ext. 17910

  (301) 985-7910

  1. Definitions

    Prohibited Behavior

    The following misconduct is subject to disciplinary action:

    1. Dating Violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on a consideration of the length of relationship, the type of relationship, the frequency of interaction between the persons involved in the relationship.
    2. Domestic Violence means violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant, or by any other person against an adult or youth complainant protected from those acts by domestic or family violence laws of Maryland.
    3. Sexual Assault
      1. Sexual Assault I. – Non-Consensual Sexual Intercourse: Any act of sexual intercourse with another individual without Consent. Sexual intercourse includes vaginal or anal penetration, however slight, with any body part or object, or oral penetration involving mouth or genital contact.
      2. Sexual Assault II. – Non-Consensual Sexual Contact: Any intentional touching of the intimate parts of another person, causing another to touch one’s intimate parts, or disrobing or exposure of another without Consent. Intimate parts may include genitalia, groin, breast, or buttocks, or clothing covering them, or any other body part that is touched in a sexual manner. Sexual contact also includes attempted sexual intercourse.
    4. Sexual Exploitation means taking non-consensual or abusive sexual advantage of another person for one’s own advantage or benefit or for the advantage or benefit of anyone other than the person being exploited.
    5. Sexual Harassment is any unwelcome sexual advance, unwelcome request for sexual favors, or other unwelcome verbal, non-verbal or physical conduct of a sexual nature when:
      1. Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, evaluation of academic work, or participation in any aspect of a USM or UMUC program or activity;
      2. Submission to or rejection of such conduct by an individual is used as the basis for academic, employment, or activity or program participation related decisions affecting an individual; or
      3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, i.e., it is sufficiently severe or pervasive to create an intimidating, hostile, humiliating, demeaning or sexually offensive working, academic, residential or social environment.
    6. Sexual Intimidation means
      1. Threatening to sexually assault another person;
      2. Gender or sex-based Stalking, including cyber-Stalking; or
      3. Engagement in indecent exposure.
    7. Sexual Misconduct is an umbrella term that includes Dating Violence, Domestic Violence, Sexual Exploitation, Sexual Harassment, Sexual Intimidation, Sexual Violence, and Stalking.
    8. Sexual Violence is a form of Sexual Harassment and refers to physical sexual acts perpetrated without Consent.  Sexual Violence includes rape, sexual assault, sexual battery, and sexual coercion.  Sexual Violence, in any form, is a criminal act.
    9. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress.

    Other Definitions

    1. Complainant means the individual(s) who files a Sexual Misconduct complaint alleging a violation of this Policy.
    2. Consent means a knowing, voluntary, and affirmatively communicated willingness to mutually participate in a particular sexual activity or behavior. It must be given by a person with the ability and capacity to exercise free will and make a rational and reasonable judgment. Consent may be expressed either by affirmative words or actions, as long as those words or actions create a mutually understandable permission regarding the conditions of sexual activity. Consent may be withdrawn at any time. Consent cannot be obtained by force, threat, coercion, fraud, manipulation, reasonable fear of injury, intimidation, or through the use of one’s mental or physical helplessness or incapacity. Consent cannot be implied based upon the mere fact of a previous consensual dating or sexual relationship. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.
    3. Interim Measures means reasonably available steps an institution may take to protect the parties while a Sexual Misconduct investigation is pending (See Section VI. Interim Measures).
    4. Respondent means the individual(s) accused of engaging in prohibited conduct under this Policy.
    5. Responsible Employee includes any employee who:

      1. Has the authority to take action regarding Sexual Misconduct;
      2. Is an employee who has been given the duty of reporting Sexual Misconduct; or
      3. Is someone another individual could reasonably believe has this authority or duty.

      At a minimum, Responsible Employees include: the Title IX Coordinator and any Title IX Team members, all institution administrators, all non-confidential employees in their supervisory roles, all faculty, all athletic coaches, institution law enforcement, and all other non-confidential first responders (See Section IV.-Reporting of this Policy for the list of UMUC Responsible Employees).

    6. Retaliation means intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or USM or UMUC policy relating to Sexual Misconduct, or because an individual has made a report, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing related to Sexual Misconduct. Retaliation includes retaliatory harassment.
  2. Reporting and Confidentiality
    Individuals are strongly encouraged to promptly report Sexual Misconduct to the Title IX Coordinator or another member of the Title IX Team, UMUC’s Confidential Employee, a Responsible Employee, UMUC Security, or local law enforcement, all of which have different responsibilities to respond and varying abilities to maintain confidentiality  (See Appendix A for local law enforcement contacts for UMUC Stateside and Worldwide locations).

    Once UMUC knows or reasonably should know of potential Sexual Misconduct, UMUC will take immediate and appropriate action, in accordance with this Policy, to investigate and eliminate the potential Sexual Misconduct, prevent its recurrence, and address its effects. This obligation applies to Sexual Misconduct covered by this Policy, regardless of where the Sexual Misconduct allegedly occurred, regardless of whether a parallel law enforcement investigation is pending and/or whether a formal complaint is filed.

    1. Reporting to the Title IX Coordinator or Title IX Team Member
      Upon receipt of a report of sexual misconduct that may constitute a crime, the Title IX Coordinator or Team member will advise the reporting party that in addition to making a criminal report, they also have the right to file a complaint and commence an investigation per the provisions of this policy.

    2. Reporting to a Responsible Employee
      A Responsible Employee must report to UMUC’s Title IX Coordinator all relevant details about alleged Sexual Misconduct that is shared by the reporting party. Once the Responsible Employee receives information of potential Sexual Misconduct or has reason to know of potential Sexual Misconduct, UMUC must respond and perform further inquiry. Information reported to a Responsible Employee will be shared only with those responsible for handling UMUC’s response to reports of Sexual Misconduct and only to the extent necessary to accomplish this objective and/or as required by law. UMUC strongly encourages Responsible Employees to obtain the victim’s consent before contacting law enforcement. A Responsible Employee shall report the incident to law enforcement when legally required to report.

      Responsible Employees at UMUC
      UMUC Title IX Coordinator and Title IX Investigators
      UMUC Administrators
      UMUC Employee Supervisors
      UMUC Faculty and Adjunct Faculty
      UMUC Security
    3. Responsible Employees and Requests for Confidentiality
      There may be times when a victim indicates that he or she wants to inform a Responsible Employee about an incident of Sexual Misconduct, but at the same time, requests confidentiality or that no investigation into the incident be conducted or disciplinary action taken. The Responsible Employee will first make every effort to provide the victim with information about UMUC’s Confidential Employee or other external confidential resources as well as the Responsible Employee’s duty to report if information is shared.

      If the victim shares details about the incident, the Responsible Employee will inform the Title IX Coordinator of the request for confidentiality or that no investigation be conducted or disciplinary action taken. UMUC’s Title IX Coordinator, in determining whether or not UMUC may honor the request, will weigh the victim’s request against UMUC’s obligation to provide a safe, non-discriminatory environment for all of its members, including the victim.

      If UMUC honors the request, UMUC will inform the victim that its ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s) may be limited, although protective measures may still be implemented.

      If UMUC determines that it cannot honor the request, UMUC will inform the victim of its decision prior to starting an investigation and UMUC will, to the extent possible, only share the relevant information with those responsible for handling UMUC’s response. A victim is not required to participate in any investigation or disciplinary proceeding.

      In addition, reports of Sexual Misconduct (including non-identifying reports) may prompt UMUC to implement broader remedial action.

    4. Amnesty for Students Who Report Sexual Misconduct
      UMUC prohibits student conduct action (except for a mandatory intervention for substance abuse) for a violation of alcohol or drug use policies by a student who reports Sexual Misconduct to UMUC or law enforcement or participates in a Sexual Misconduct matter as a witness, if UMUC determines the following:

      1. The violation occurred during or near the time of the alleged Sexual Misconduct;
      2. The student made the report of Sexual Misconduct, or is participating in an investigation as a witness in good faith; and
      3. The violation was not an act that was reasonably likely to place the health or safety of another individual at risk.
    5. Reporting to UMUC's Confidential Resource
      Victims may seek assistance and support from UMUC’s Confidential Employee without triggering an investigation or disclosure of the victim’s identity, with the exception of instances when the alleged perpetrator(s) poses a serious and immediate threat to the victim or larger UMUC Community. This employee will assist the victim, if requested, in receiving available and appropriate protective measures, and, in doing so, will only disclose information identifying the victim to the extent necessary to obtain such measures  (See Section III.-Options for Immediate Assistance).

      When a victim seeks assistance and support from UMUC’s Confidential Employee, UMUC’s ability to respond fully to the incident will be limited. UMUC will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator. 

      Limits on Confidentiality: While maintaining a victim’s confidentiality, the Confidential Employee, or his or her office, may provide a limited report – which would not include information that could directly or indirectly identify the victim – to the Title IX Coordinator to help keep the Title IX Coordinator informed of the general extent and nature of Sexual Misconduct within the UMUC Community

      The Confidential Employee may maintain a victim’s confidentiality with respect to the University, but he or she may have reporting or other obligations under state law including, but not limited to, response to a lawfully ordered subpoena.

    6. Other Confidentiality Considerations
      UMUC will protect the confidentiality of reports brought under this Policy except to the extent that there is an imminent danger or safety threat to members of the UMUC Community or as otherwise required by law, including, but not limited to, required disclosures under the Maryland Public Information Act and any lawfully issued subpoena. Victims’ personally identifiable information will not be included in any publicly available records, including the reporting and disclosure of crime statistics under the Clery Act.

      Complainants, Respondents, witnesses and all persons involved in investigations or in resolving a complaint of Sexual Misconduct are asked to make a good faith effort to keep confidential all information relating to a complaint.

    7. External Support Services and Resources
      UMUC strongly encourages victims to seek assistance from one or more of the many external reporting resources, each which provides a range of support services and varying degrees of confidentiality. These resources include, but are not limited to, the National Sexual Assault Hotline, health and counseling services and centers, legal services, and law enforcement. (See Appendix A for contact information or contact UMUC’s Confidential Resource for more information).

      While these resources may provide you with many of the support services you need, contacting these resources does not constitute notice to UMUC and will not cause UMUC to take steps to provide protective measures or trigger an investigation. Victims may seek assistance from UMUC’s Confidential Resource, generally, without triggering an investigation by UMUC, in contacting these services or obtaining protective measures through the University (See Section V.(C)-Reporting and Confidentiality, Reporting to UMUC’s Confidential Resource).

      A victim or others are strongly encouraged to contact UMUC’s Title IX Coordinator or another Responsible Employee for assistance in contacting these and other support services, but this will trigger UMUC’s obligation to investigate and eliminate the potential Sexual Misconduct, prevent its recurrence, and address its effects (See earlier subsections of Section V.-Reporting and Confidentiality).

  3. Interim Measures
    Upon receiving a report of Sexual Misconduct, UMUC’s Title IX Coordinator will provide the parties with notice, in writing, of the interim measures available through UMUC and other external support services. Interim measures are the specific services, accommodations, or other assistance that UMUC provides to parties, as appropriate, in response to alleged Sexual Misconduct. In order to afford a safe and secure learning environment, either party can also request these protective measures from the Title IX Coordinator at any time during the investigatory and adjudicatory process, and thereafter. The Title IX Coordinator will determine which measures are available and appropriate on a case-by-case basis.

    A victim who reports to UMUC’s Confidential Employee will also receive notice, in writing, of these protective measures (See Section V.-Reporting and Confidentiality).

    Interim measures may include, but are not limited to:

    • Academic accommodations: rearranging academic schedule; assistance in arranging incompletes, leaves, or withdrawal; and academic tutoring or support
    • Employment Accommodations: temporary reassignment to other work duties and/or responsibilities or another work location
    • Transportation Escort Services
    • Options for and available assistance in obtaining no-contact or protective orders, and enforcing existing and lawful no-contact or protective orders

    The parties will also be informed about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available within UMUC or in the community.

  4. Investigative and Adjudicative Procedures
    1. Reporting
      1. After an incident of Sexual Misconduct has occurred a victim or a third party, such as UMUC students, faculty, and staff, as well as members of the public may report the misconduct to:
        1. Non-Confidential Resources
          1. UMUC’s Title IX Coordinator
          2. UMUC’s Title IX Investigators
          3. UMUC Responsible Employees
          4. UMUC Security
          5. Local Law Enforcement (See Appendix A for local law enforcement contacts for UMUC Stateside and Worldwide locations)
        2. Confidential Resources
          1. UMUC's Confidential Employee (See Section V.-Reporting and Confidentiality)
          2. Medical Assistance or other external support services (See Appendix A for Contact Information)
      2. Once the Title IX Coordinator receives a report, he or she will initiate the investigatory process.
    2. Preliminary Measures
      1. Preliminary Investigation: The Title IX Coordinator will conduct a preliminary inquiry into the complaint in order to determine if interim measures should be taken and an informal resolution or formal investigation should occur.
        1. If the Respondent is unknown, the Title IX Coordinator will continue these procedures as necessary in order to ensure a safe, non-discriminatory environment for the entire UMUC Community, including the victim.
        2. If a Respondent is a third party, the matter may be referred to law enforcement with a request that a formal letter be issued to the third party denying access to the University’s buildings or grounds for acting in a manner that disrupts or disturbs the normal educational functions of the institution. UMUC is authorized to deny campus access to a third party engaged in disruptive behaviors under Maryland State law.
      2. Confidentiality Determination:
        1. A victim may request the following with respect to confidentiality:
          1. Confidentiality of personally identifiable information;
          2. That no investigation into the incident be conducted; or
          3. That no disciplinary action be taken.
        2. The Title IX Coordinator will weigh this request against UMUC’s obligation to provide a safe, non-discriminatory environment for the entire UMUC Community, including the victim  (See Section V.-Reporting and Confidentiality.
      3. Interim Measures: The Title IX Coordinator will notify the parties of available interim measures and determine if any protective measures are appropriate (See Section VI.-Interim Measures).
      4. Law Enforcement and Additional Assistance: At any time during the investigative and adjudicative process and thereafter, a victim may contact law enforcement to initiate the criminal complaint process. UMUC will continue its investigation and adjudication process while a concurrent law enforcement proceeding takes place to the extent permitted by law. In addition, a party may seek additional support services at any time, including, but not limited to, health and counseling assistance.
        1. Sexual misconduct, especially sexual violence, may be a crime.  Members of the Title IX team and Campus Security are available to assist any persons who wish to report sexual misconduct to the appropriate law enforcement authorities.
        2. A victim located near a UMUC Maryland location can request transportation to a designated hospital equipped with a Sexual Assault Evidence Collection Kit to ensure appropriate medical treatment and the timely collection of physical evidence in the event the victim wants to make a criminal complaint.  Please refer to Appendix B for a list of the hospitals with the closest proximity to UMUC’s Maryland locations and the persons designated to assist with transportation.
        3. The standards for a violation of criminal law are different from the standards for a violation of this policy.  As such, criminal investigations and proceedings do not determine the outcome of UMUC’s investigation into whether its policy has been violated.
    3. Investigation And Adjudication
      1. If the Title IX Coordinator determines that a complaint necessitates a formal investigation and adjudication, he or she will notify the Complainant and Respondent in writing.
      2. Informal Resolution: Once the parties are notified of the necessity of a formal investigation and adjudication, either party may request informal resolution of the complaint, except in cases of sexual assault. In order to proceed, both parties must agree to participate. Either party may elect to end the informal resolution process at any time.
      3. Formal Investigation and Adjudication – UMUC Stateside, Asia and Europe
        1. If the Respondent is a Student
          1. The Title IX Team, which includes the Title IX Coordinator and Investigators, will investigate a Sexual Misconduct complaint.
          2. During the investigation the Title IX Team Member may administer oaths, obtain affidavits, conduct interviews as appropriate, and obtain relevant information necessary to investigate and determine appropriate results.
            1. If the Title IX Team Member does not find the Respondent responsible for a violation of this Policy, he or she will submit the investigative report, if applicable, to the Title IX Coordinator for review.
            2. The Title IX Coordinator will simultaneously notify the parties, in writing, of this investigative determination, along with the appeal procedures.
          3. If the Respondent is found responsible for a violation of this Policy, the Title IX Coordinator will submit the investigative report to Code of Student Conduct Administrator to determine the appropriate sanctions.
          4. The Code of Student Conduct Administrator will render a decision as to the appropriate sanctions and notify the Title IX Coordinator.
          5. The Title IX Coordinator will simultaneously notify the Complainant and Respondent, in writing, of the results, including both the investigative determination and any sanctions, to the extent permissible by law. This notice will also provide both parties with the appeal procedures.
        2. If the Respondent is a Faculty Member
          1. The Title IX Team, which includes the Title IX Coordinator and Investigators, will investigate a Sexual Misconduct complaint.
          2. During the investigation, a Title IX Team Member may administer oaths, obtain affidavits, conduct interviews as appropriate, and obtain relevant information necessary to investigate and determine appropriate results.
          3. Once the investigation is complete, the Title IX Team Member will prepare an investigative report. The investigative report will include a summary of the relevant evidence gathered, an analysis of the evidence, and an investigative determination based on the preponderance of the evidence, as to whether it is more likely than not that the Respondent violated this Sexual Misconduct Policy.
            1. If the Title IX Team Member does not find the Respondent responsible for a violation of this Policy, he or she will submit the investigative report to the Title IX Coordinator, if applicable, for review.
            2. The Title IX Coordinator will simultaneously notify the parties, in writing, of this investigative determination, along with the appeal procedures.
          4. If the Title IX Team Member finds the Respondent responsible for a violation of this Policy, the Title IX Team Member will submit the investigative report, if applicable, to the Title IX Coordinator for review. The Title IX Coordinator will submit the Investigative Report to the Provost’s designee to determine the appropriate sanctions.
          5. The Provost’s designee will render a decision as to the appropriate sanctions and notify the Title IX Coordinator.
          6. The Title IX Coordinator will simultaneously notify the Complainant and Respondent, in writing, of the results, including both the investigative determination and, if applicable, any sanctions, to the extent permissible by law. This notice will also provide both parties with the appeal procedures.
        3. If the Respondent is Staff or Third Party
          1. The Title IX Team, which includes the Title IX Coordinator and Investigators, will investigate a Sexual Misconduct complaint.
          2. During the investigation, a Title IX Team Member may administer oaths, obtain affidavits, conduct interviews as appropriate, and obtain relevant information necessary to investigate and determine appropriate results.
          3. Once the investigation is complete, the Title IX Team Member will prepare an investigative report. The investigative report will include a summary of the relevant evidence gathered, an analysis of the evidence, and an investigative determination based on the preponderance of the evidence, as to whether it is more likely than not that the Respondent violated this Sexual Misconduct Policy.
            1. If the Title IX Team Member does not find the Respondent responsible for a violation of this Policy, he or she will submit the investigative report to the Title IX Coordinator, if applicable, for review.
            2. The Title IX Coordinator will simultaneously notify the parties, in writing, of this investigative determination, along with the appeal procedures.
          4. If the Title IX Team Member finds the Respondent responsible for a violation of this Policy, the Title IX Team Member will submit the investigative report, if applicable, to the Title IX Coordinator for review.  The Title IX Coordinator will submit the investigative report to the Vice President and Chief Human Resources Officer’s designee.
          5. The Vice President and Chief Human Resources Officer’s designee will render a decision as to the appropriate sanctions and notify the Title IX Coordinator of this determination.
          6. The Title IX Coordinator will simultaneously notify the Complainant and Respondent, in writing, of the results, including both the investigative determination and, if applicable, any sanctions, to the extent permissible by law. This notice will also provide both parties with the appeal procedures.
    4. Appeal
      1. The Complainant and/or the Respondent may appeal the results, in writing, within 10 days of the date on the written notification.
        1. If the Respondent is a student, the appeal shall be addressed to the Provost’s Office
          1. Within 30 days after receiving the appeal, the Provost or the Provost's designee will issue a written decision to the Complainant and Respondent and take appropriate action.
          2. A copy of the appeal letter and the appeal decision shall be forwarded to the Title IX Coordinator for the file.
        2. If the Respondent is a member of the faculty, staff or third party, the appeal shall be addressed to the President's Office.
          1. Within 30 days after receiving the appeal, the President’s designee will issue a written decision to the Complainant and Respondent and take appropriate action.
          2. A copy of the appeal letter and the appeal decision shall be forwarded to the Title IX Coordinator for the file.
      2. A party may appeal the results on the following bases:
        1. Procedural error that significantly influenced a decision in a negative way;
        2. New evidence that is substantial enough to alter the facts and findings and that could not have been previously discovered and presented by the appellant through reasonable diligence; and/or
        3. Disproportionate sanction such that the sanction was either too severe or not severe enough as compared to the findings and facts of the case.
    5. Rights Of The Parties
      1. Prompt and Equitable Investigation:The preliminary measures, investigation, and adjudicatory process, not including the appeal, is expected to take place within 60 calendar days from the time the report is brought to UMUC’s attention.
        1. UMUC may extend the 60-day timeframe for good cause. In those instances, UMUC will notify the Complainant and Respondent in writing of the delay and the reason for such delay.
        2. The full investigation, including interviews with all involved parties as appropriate, and gathering of evidence, will usually be completed within 40 days of receipt of the complaint.
        3. Results of the complaint including the fact-finding determination and, if applicable, the sanctions, are typically issued within 60 days of receipt of the complaint.
        4. An appeal of the results must be submitted within 10 days of the date on the written notification.
      2. Participation by the Parties
        1. Parties have the right to present relevant witnesses and evidence throughout the investigatory and adjudicatory process.
        2. In addition, the Complainant and/or Respondent have the right to decline participation in the investigatory and adjudicatory process. UMUC will continue its formal investigation and if necessary, adjudication, to the extent possible and with the available information, even if one of the parties declines to participate.
          1. If a Complainant declines to participate in the investigatory or adjudicatory process, UMUC’s ability to respond fully to the incident may be limited.
          2. UMUC will also consider broader remedial action in an effort to eliminate the Sexual Misconduct, prevent its recurrence and address its discriminatory effects.
      3. Similar and Timely Access to Information: The Title IX Team will provide similar and timely access to the Complainant and Respondent to the information to be used during the investigatory and adjudicatory process, to the extent permissible by law.
      4. Advisors and Other Support:
        1. Advisor: The Complainant and the Respondent have the right to have an advisor present, at their expense, during any meeting related to an incident of Sexual Misconduct and application of this Policy.
        2. Other Support: The Complainant and Respondent may have another individual present for support who is not the advisor.
        3. Roles: The role of the advisor or other support person in any meeting or investigative interview is limited to quietly conferring with his or her advisee. The advisor or other support person may not address any other participant, including the Title IX Team Member conducting the meeting or investigative interview. The advisor or other support person shall not be a fact-witness to the proceedings and shall not delay or disrupt the proceedings in any way.
        4. Notice: Parties must provide 5 days advance notice to the Title IX Team Member of the name and role of any individual who will accompany them to any investigatory or adjudicatory proceeding.
      5. Standard of Proof: The Title IX Team Member will use “preponderance of the evidence” as the standard of proof, which asks whether it is “more likely than not” that conduct prohibited under this policy occurred.
  5. Sanctions and Other Remedies
    1. Sanctions for those found responsible for a violation of this Policy include, but are not limited to:
      1. Students
        1. Verbal or Written Reprimand
        2. Disciplinary Probation
        3. Restitution
        4. Suspension in Abeyance
        5. Suspension
        6. Expulsion
      2. Staff/Faculty/ Third Party
        1. Verbal or Written Reprimand
        2. Suspension
        3. Termination of Employment
        4. Termination of contract with a Third Party
    2. Persons who commit Sexual Misconduct in violation of federal, state or local law may also be subject to criminal charges and penalties.
    3. Ongoing Accommodations: Regardless of the results of the investigation and adjudication, a party may request ongoing or additional accommodations to UMUC’s Title IX Coordinator. The Title IX Coordinator, in consultation with appropriate UMUC officials, will determine whether such measures are reasonable and appropriate. Potential ongoing accommodations may include, but are not limited to, those measures listed in  Section VI.-Interim Measures of this Policy.
    4. Broader Remedial Measures: UMUC may also determine that additional, broader measures are appropriate to eliminate sex discrimination, prevent its recurrence, and address its discriminatory effects. These measures may include appropriate education and/or training related to Sexual Misconduct. UMUC may also recommend counseling or other support services for the parties.
  6. Non-Retaliation Statement

    Retaliation by a member of the UMUC Community against an individual, who makes a complaint of Sexual Misconduct, participates in an investigation of a complaint, supports a complaint, or testifies concerning a complaint is expressly prohibited by this Policy. Any UMUC faculty, staff, or student who encounters retaliation is strongly encouraged to immediately report such conduct to the Title IX Team. Any employee who is found to have retaliated is subject to disciplinary action, up to and including termination. A student who is found to have retaliated is subject to disciplinary action up to and including expulsion.

  7. Prevention and Awareness Education
    Education is an extremely important tool in eradicating sex discrimination, including Sexual Misconduct, from the UMUC workplace and educational programs. Incoming students and new employees will receive educational information to increase awareness about sex discrimination. Additional information will also be made available on an ongoing basis to members of the UMUC Community as requested. Copies of this Policy, at a minimum, are available from members of the Title IX Team and in the Fair Practices and Compliance Office.

  8. External Resources

    Filing Complaints of Sexual Misconduct with Outside Agencies

    In addition to filing a complaint under this Policy, members of the UMUC Community may contact external agencies. A person wishing to file a complaint with an external agency should contact the appropriate agency promptly in order to verify the time limits and deadlines for filing complaints.

    Complaints involving violations of Title IX in the state of Maryland should be directed to:

    Complaints involving Sexual Misconduct may be filed with:

      • Equal Employment Opportunity Commission (EEOC)
        City Crescent Building
        10 S. Howard Street, Third Floor
        Baltimore, MD 21201
        Phone: 1-800-669-4000
        Fax: 410-962-4270
        TTY: 1-800-669-6820
        Equal Employment Opportunity Commission Website
      • Maryland Commission on Civil Rights (MCCR)
        William Donald Schaefer Tower
        6 Saint Paul Street, Ninth Floor
        Baltimore, MD 21202-1631
        Phone: 410-767-8600
        Fax: 410-333-1841
        TTY: 410-333-1737

    External Confidential Support Services
    See Appendix A for contact information for more confidential resources.

    1. National Sexual Assault Hotline 1-800-656-HOPE (4673)
    2. Maryland Coalition Against Sexual Assault (MCASA)

      Statewide Sexual Assault Information and Referral help line 1-800-983-RAPE

    3. Sexual Assault Legal Institute (SALI)

      For more information, contact MCASA's SALI at 301-565-2277, or toll-free at 877-496-SALI

      The Sexual Assault Legal Institute (SALI) is a program of the Maryland Coalition Against Sexual Assault (MCASA). SALI provides direct legal services for victims and survivors of sexual assault. SALI also provides technical assistance and training for attorneys, rape crisis and recovery center staff and volunteers, and other professionals working with survivors.

    4. Domestic Violence and Sexual Assault Center at Dimensions Healthcare, Prince George's Hospital (DVSAC)

      For more information, contact 301-618-3154
      The Domestic Violence and Sexual Assault Center provides a range of medical and counseling services to victims of sexual assault and abuse, including, but not limited, crisis and follow-up counseling and forensic examinations.

  Current Policy Prior Policy
Policy Number 041.00 041.00
Date 10/11/16 3/16/15