Accountability and Compliance Procedures

VI-1.60(C) UMB Procedures for Adjudicating Complaints Involving Students of Sexual Misconduct and Sex and Gender-Based Discrimination (superseded as of August 14, 2020)

Administration, Accountability and Compliance   |   Approved August 26, 2015

Purpose

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Applicability

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Procedure

Effective August 14, 2020, this document has been superseded by UMB PROCEDURES FOR RESOLVING SEXUAL MISCONDUCT COMPLAINTS UNDER THE JURISDICTION OF TITLE IX OF THE EDUCATION AMENDMENT OF 1972 “TITLE IX PROCEDURES” and UMB PROCEDURES FOR RESOLVING SEXUAL MISCONDUCT COMPLAINTS OUTSIDE THE JURISDICTION OF TITLE IX OF THE EDUCATION AMENDMENT OF 1972 “NON- TITLE IX PROCEDURES”

  1. Purpose

    The University of Maryland, Baltimore ("UMB") prohibits sexual misconduct and other sex and gender-based discrimination ("Prohibited Sex Discrimination") against or by a UMB Student (defined below). Education and academic decisions will not be based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex. Furthermore, both intentional discrimination and neutral procedures that disproportionately exclude individuals on the basis of sex that are not educationally or academically related are prohibited. Prohibited Sex Discrimination is an infringement of an individual's right to equal opportunity in education in an environment free from unwanted sexual attention and sexual pressure of any kind. Any UMB Student found responsible for Prohibited Sex Discrimination will be subject to appropriate disciplinary action up to and including dismissal. Sexual Misconduct is a form of sex discrimination prohibited by Title IX and may also constitute criminal activity.

    These Procedures provide a process for the prompt and equitable investigation and resolution of student complaints of Prohibited Sex Discrimination. These Procedures are intended to comply with, and will be interpreted and applied to comply with UMB Policy Prohibiting Sexual Misconduct and Sex and Gender-Based Discrimination, USM Board of Regents' Policy on Sexual Misconduct, VI-1.60, and other state and federal laws.

    UMB's Title IX investigation is performed under the authority of the University’s Title IX Coordinator. It is an administrative investigation to determine denial of equal opportunity in education based on sex. It is not a substitute for civil or criminal charges or for any other administrative or legal process either party may wish to pursue.

    Scope

    This procedure does not supersede policies and procedures addressing issues specifically governed by other University policies, such as: school grade appeals and school dismissal appeals, disability and reasonable accommodation complaints. UMB Students are expected to present such complaints in accordance with the applicable policy and procedure of the school and/or the University.

    Related Policies:

  2. Definitions

    For purposes of these Procedures, UMB Student means any UMB student, full-time or part-time, including visiting students, at the UMB campus, under the auspices of UMB, and using UMB resources.

    See VI-1.60(A) UMB Policy Prohibiting Sexual Misconduct and Sex and Gender-Based Discrimination for definitions of:

    • Consent
    • Complainant
    • Dating Violence
    • Domestic Violence
    • Interim Protective Measures
    • Respondent
    • Responsible Employee
    • Retaliation
    • Sexual Assault
    • Sex and Gender-Based Discrimination
    • Sexual Exploitation
    • Sexual Harassment
    • Sexual Intimidation
    • Sexual Misconduct
    • Sexual Violence
    • Stalking
  3. Reporting Complaints
    1. Complaints of Prohibited Sex Discrimination against a UMB Student should be reported to the Title IX Coordinator, who is responsible for overseeing and coordinating UMB's response to Prohibited Sex Discrimination inquiries and complaints. If the Title IX Coordinator cannot be reached contact the Office of Accountability and Compliance.  If there is a role conflict, a qualified alternate will be designated.

      Title IX Coordinator
      Ms. Mary MacFadden, MS, BSN, CCEP

      Office of Accountability and Compliance
      620 West Lexington Street
      Baltimore, MD 21201
      Direct Telephone: 410-706-4938
      Direct Email: mmacfadden@umaryland.edu

       

      Office of Accountability and Compliance 
      Main Telephone: 410-706-2281
      Website: http://www.umaryland.edu/titleix/

    2. A student with questions about Prohibited Sex Discrimination should report to the Title IX Coordinator. UMB recognizes that a student who is under the influence of alcohol and/or drugs at the time of an incident may be hesitant to make a report of Prohibited Sex Discrimination because of the threat of disciplinary sanctions for their own violation of campus alcohol or drug use policies, including but not limited to, VI - 8.00(A) UMB Policy on the Use of Alcoholic Beverages at University System Institutions And Facilities, and VII-1.10(A) UMB Substance Abuse Policy. In this context, a student who reports Prohibited Sex Discrimination, either as a Complainant or third party witness, will not face disciplinary charges for a violation of alcohol or drug use policies (except for a mandatory intervention for substance abuse), if the University determines that (1) the violation occurred during or near the time of the alleged Prohibited Sex Discrimination; (2) the student made the report of Prohibited Sex Discrimination, 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.
    3. The University may not attempt to resolve a complaint of Prohibited Sex Discrimination informally such as through a conference with the parties or mediation.
    4. Before an investigation begins, the Title IX Coordinator will ask the Complainant for an oral or written report of the incident underlying the complaint. The student may also provide pertinent records and documentation. Information that may be helpful to an inquiry and resolution of the complaint includes:
      • Date, Time, Name, E-mail, Address and Phone Number of the Complainant’s School or unit with which Complainant is associated
      • Complainant's title or program/year of study
      • Complainant’s role in the incident, e.g., target of alleged Prohibited Sex Discrimination, witness, friend
      • Name of the Respondent
      • School or unit with which Respondent is associated
      • Respondent's title or program/year of study
      • Relationship between the Respondent and the Complainant
      • Address where the alleged Prohibited Sex Discrimination occurred
      • Date and time when the alleged Prohibited Sex Discrimination occurred
      • A description of the alleged Prohibited Sex Discrimination, e.g., sexually degrading comments or gestures, inappropriate touching; sexual contact without consent, including sexual intercourse
      • Other circumstances which contributed to the incident, e.g., physical disability, alcohol use
      • Other incidents that may constitute Prohibited Sex Discrimination by the Respondent, if any
      • Other(s) involved in the incident as possible Complainant(s), witness(es) or additional Respondent(s)
      • What action by the University does the Complainant seek in response to the conduct
      • Has the Complainant made a report to others, e.g., local or Campus Police, BETA Team, faculty, students, others
      • Has the Complainant requested partial or complete confidentiality
    5. The University must make a prompt, thorough and impartial inquiry, regardless of whether or not the Complainant has already reported the matter to the police, or makes a formal report to the campus Title IX Coordinator, desires an inquiry, or requests that no inquiry be made.
    6. A request for confidentiality may limit the University’s ability to respond to the complaint. The University will take reasonable steps to investigate and respond to the complaint consistent with the Complainant’s requests, as long as doing so does not prevent the University from responding effectively to and preventing Prohibited Sex Discrimination that may be directed toward others.
    7. UMB encourages prompt reporting of an allegation of Prohibited Sex Discrimination whenever possible. Reporting an incident close in time to its occurrence will enhance UMB's ability to promptly and effectively investigate complaints, protect employees and students, and educate and discipline offenders. Nevertheless, UMB will investigate any and all complaints filed.
    8. Requests for Interim Measures while a complaint is being investigated should be directed to the Title IX Coordinator. The Title IX Coordinator or a designee, will contact necessary UMB personnel to coordinate and implement appropriate Interim Measures (e.g. a dean of the Complainant's school may be notified in confidence, and regarding reassigning a class assignment, rescheduling due dates of assignments or exams, allowing distance learning in lieu of class attendance where available, facilitating change of class section, changing schedules, authorizing leave to attend counseling and healthcare appointments, referrals to campus police escort, etc.).
    9. The University will comply with law enforcement requests for cooperation and such cooperation may require the University to temporarily suspend the fact-finding aspect of the complaint of Prohibited Sex Discrimination while law enforcement is in the process of gathering evidence. The University will promptly resume its investigating of the complaint of Prohibited Sex Discrimination as soon as notified by law enforcement that it has completed the evidence gathering process, which may delay the University's investigation by ten (10) calendar days or longer depending on the circumstances. While law enforcement evidence gathering is conducted, the Title IX Coordinator will issue a reminder to persons involved about the importance of complying with the investigation process; the presumption of innocence of the parties; the need to consult with the Title IX Coordinator before taking Interim Protective Measures; the prohibition against Retaliation; and the obligation to treat the matter in strict confidence for the protection of both the Complainant and the Respondent. The University will implement appropriate Interim Protective Measures during the law enforcement evidence gathering period to provide for the safety of the Complainant and the campus community and the avoidance of Retaliation.
  4. Preliminary Review of the Complaint
    1. If it is not apparent from the content of an allegation whether or not it relates to Prohibited Sex Discrimination, or if it warrants initiation of an investigation, the Title IX Coordinator may conduct a Preliminary Review. The Title IX Coordinator will determine whether to conduct a Preliminary Review or proceed directly to an investigation within ten (10) working days after receiving an allegation, when feasible. During this 10-day period, the Title IX Coordinator, or a person designated by the Title IX Coordinator, may gather additional information from the Complainant (if known) and others allegedly subject to the Prohibited Sex Discrimination.
    2. If a Preliminary Review is undertaken, it shall be concluded within thirty (30) calendar days after it is commenced unless extended for good cause. In the Preliminary Review, the Title IX Coordinator, or a person designated by the Title IX Coordinator, will notify and interview the Complainant (if known) and the Respondent (if known). Complainant and Respondent will be offered an equal opportunity to participate in the Preliminary Review. A written summary should be made of the information gathered. Notice of the outcome of the Preliminary Review will be provided to the parties.
    3. Based on the result of the Preliminary Review, the Title IX Coordinator will decide either to (1) proceed with an investigation, or (2) conclude the complaint process under these Procedures. The Title IX Coordinator may conclude the complaint process due to (a) insufficient evidence to support a finding of Prohibited Sex Discrimination by a preponderance of the evidence; or (b) finding the complaint involves matters which are beyond the scope of applicable University policies related to Prohibited Sex Discrimination.
    4. In the event the Title IX Coordinator decides to conclude the complaint process after the Preliminary Review, and without referral to any other due process for further action, either party may appeal for reconsideration by writing to the Title IX Coordinator who will issue a written response. The written appeal for reconsideration must be submitted within seven (7) calendar days following notice of the Title IX Coordinator’s decision.
    5. Documentation of the Preliminary Review and the reasons for the decision of the Title IX Coordinator will be kept for at least 3 years following conclusion of the matter.
    6. At any time, the Title IX Coordinator may implement, or recommend to appropriate University administrators, Interim Protective Measures to protect the parties involved and prevent further Prohibited Sex Discrimination.
  5. Complaint Investigation
    1. Investigations will be conducted in accordance with the due process requirements of VI-1.60(A) UMB Policy Prohibiting Sexual Misconduct and Sex and Gender-Based Discrimination.
    2. UMB is committed to working with the Complainant and the Respondent throughout the investigation. Good faith errors that do not materially prejudice the rights of a participant will not invalidate findings or other actions taken in implementation of this process. Upon deciding to proceed with an investigation, the Title IX Coordinator shall appoint an investigative team as expeditiously as possible, but in all cases within thirty (30) calendar days following the determination to proceed.
    3. The investigative team will develop an appropriate investigational plan depending on the circumstances surrounding the complaint class (e.g., familiarity with location, unit, school, and curriculum). If a complaint involves persons from more than one school or operational unit of the University, the investigative team may consult appropriate University administrators about the investigational plan.
    4. The Title IX Coordinator will provide the Complainant, Respondent, University administrators who have authority over the Complainant or Respondent (e.g., a Dean or Vice President), and persons whose decisions or actions are the subject of the complaint with notice of the investigation, a copy of these Procedures, and information about the appointment of the investigative team. In so doing, the Title IX Coordinator will also issue a reminder about the importance of complying with the investigation process; the presumption of innocence of the parties; the need to consult with the Title IX Coordinator before taking Interim Protective Measures; the prohibition against Retaliation; and the obligation to treat the matter in strict confidence for the protection of both the Complainant and the Respondent.
    5. In cases where a University administrator has authority over the Complainant or Respondent (e.g., a Dean or Vice President) or has a conflict of interest, the Title IX Coordinator may select an alternative to assume the role of University administrator for the purposes of these Procedures. This is to ensure that each step of the investigation and appeal involving a determination by the University administrator will be conducted in an impartial manner by an impartial decision-maker.
    6. The Complainant and Respondent will each have an opportunity to meet separately with the investigative team to discuss the complaint and the investigative process, and to submit written statements, names of witnesses and other evidence.
    7. Where the Complainant seeks confidentiality, the investigative team will attempt to maintain that confidentiality to the degree compatible with accomplishing the fact-finding purpose of the investigation and as long as doing so does not prevent the University from responding effectively to and preventing Prohibited Sex Discrimination.
    8. The investigative team will investigate the complaint, interview the parties and witnesses, review evidence, look at the record as a whole and at the totality of the circumstances.
    9. The investigative team will complete its investigation as expeditiously as possible. An investigation must be completed within sixty (60) calendar days of its initiation unless circumstances clearly warrant a longer period. If this deadline cannot be met, a request for extension which includes a report of reasons for the request, a description of the progress to date and an anticipated schedule for completing the Investigation shall be filed with the Title IX Coordinator, and all involved persons shall be informed of the time extension by the Title IX Coordinator.
    10. The investigative team will prepare a report summarizing the administrative process including what evidence was reviewed, names of persons interviewed, summary of interviews, discussion of the evidence, and findings, conclusions and recommendations for sanctions and remedial action, as permitted by applicable law. The investigative team will use a "preponderance of the evidence" standard. Preponderance of the evidence means that the information and facts establish it is "more likely than not" that the alleged Prohibited Sex Discrimination occurred, as defined in relevant Policy.
    11. The Respondent, the Complainant and persons whose decisions or actions are the subject of the complaint will be given a copy of the investigative report and will have fifteen (15) calendar days to comment in writing on the report. Comments shall be made part of the record.
    12. Persons involved in the investigation will be expected to cooperate and provide information, records, and other pertinent data at least to the extent such cooperation is required by applicable school policy (including codes of conduct) and University policy.
    13. All participants are free to consult personal or legal advisors, each at their own expense. Each participant may have one advisor of the participant’s choice present in meetings with the investigative team or with the Title IX Coordinator. The advisor is present as a support and may not speak for a participant during meetings. The schedule for the investigation will allow time for the participants to consult with and obtain advice from personal and legal advisors.
    14. Timely access to documents considered relevant to the investigation will be provided to the Complainant and the Respondent and persons whose decisions or actions are the subject of the complaint. Particularly sensitive material may be available for inspection only in order to ensure no unauthorized distribution of copies. All material will be considered confidential and shared only with those with a need to know.
    15. Records of the investigation, including copies of evidence and related communications, are confidential and shall be kept secure in the office of the Title IX Coordinator or a place directed by the Title IX Coordinator.
    16. The investigative team’s report and any written comments received on the report will be submitted to the Title IX Coordinator. The Title IX Coordinator may consult with deans, vice presidents and other administrators in charge of the schools or units involved. After reviewing the report, the Title IX Coordinator may accept it as final or may return the report to the investigative team for further investigation or clarification.
    17. The Title IX Coordinator will mark the report “Confidential” and deliver it to the Complainant, Respondent and any University administrator in charge of the school or administrative unit of the Respondent and the Complainant (e.g., Dean/Vice President). This shall be done within 10 business days unless good cause can be shown for any delay.
    18. The University administrator(s) in charge of the school or administrative unit of the Respondent and of the Complainant (e.g., Dean/Vice President) cannot change the findings or conclusions but will make the final decision about sanctions and remedial action to be taken by the school or administrative unit, and implement the decision. The University administrator will inform the Title IX Coordinator of the outcome.
    19. Proven Prohibited Sex Discrimination will result in remedial and disciplinary action which may include suspension, expulsion or dismissal. The University will take steps to prevent the recurrence of Prohibited Sex Discrimination considering a range of remedial and disciplinary sanctions, including but not limited to a requirement not to repeat or continue the discriminatory, harassing, or retaliatory conduct or a requirement to undergo training. The University will take steps to correct discriminatory effects of Prohibited Sex Discrimination on the parties and others, as appropriate and feasible.
  6. Notice of Outcome and Sanctions
    1. The Title IX Coordinator will inform the Complainant and the Respondent of the University administrator(s)' decision and advise them of their appeal rights.
    2. The Complainant and the Respondent each may appeal for reconsideration of a University administrator’s decision to which they are subject, on the basis of: (1) failure of due process, or (2) availability of new evidence which could not reasonably have been presented during the original investigation. The appeal for reconsideration must be submitted in writing to the University administrator (with notice to the Title IX Coordinator) within seven (7) calendar days following the date of the notice of the University administrator’s decision.
    3. The University administrator in consultation with the Title IX Coordinator will consider the documents submitted on appeal and issue a final determination or other appropriate action regarding sanctions and remedial action within ten (10) business days.
    4. The Title IX Coordinator will ensure that the Complainant and Respondent have been informed of the University administrator’s final decision about sanction and remediation.
    5. The Title IX Coordinator will maintain records regarding Prohibited Sex Discrimination complaint investigations for at least three years.
    6. To ensure appropriate due process and prompt, equitable resolution of complaints, formal rules of evidence will not apply and the investigative team and Title IX Coordinator may limit repetitive and irrelevant evidence.
  7. Complaints Involving UMB Affiliates and Third Parties Not Affiliated with UMB

    Many UMB Students will be supervised by employees of University affiliates and teaching sites during their educational experiences and may have interactions with other third parties while participating in a program at the University. If a student is aggrieved by Prohibited Sex Discrimination from a third party, the behavior may affect the student’s equal opportunity in education at the University. Such complaints should be reported to the Title IX Coordinator as described in these Procedures. The University will attempt to resolve the situation and take reasonable steps to prevent Prohibited Sex Discrimination that may be directed toward the Complainant and others. The University will attempt to reassign the student to a different preceptor or teaching site if a prompt resolution of a complaint involving an affiliate is not feasible. See VI –1.60(B) UMB Procedures for Adjudicating Complaints Against UMB Personnel of Sexual Misconduct and Sex and Gender-Based Discrimination.

    UMB's affiliates will be informed of UMB's commitment to provide an educational environment free of Prohibited Sex Discrimination and affiliates will be asked to cooperate with UMB in confidence to investigate complaints and eliminate Prohibited Sex Discrimination.

    A UMB Student, who believes that, in the course their equal opportunity to academics and education, at the UMB campus, under the auspices of UMB, or using UMB resources, has been subjected to Prohibited Sex Discrimination by a third party not affiliated with UMB, should report a complaint to the Title IX Coordinator. After discussion with the Complainant and a review of the circumstances, UMB will take steps that are reasonable and feasible to prevent Prohibited Sex Discrimination that may be directed toward the Complainant and others. This may include requesting from the UMB President’s Office a formal letter to a third party denying access to UMB buildings or grounds based on behavior which disrupts or disturbs the normal operational or educational functions of the institution. The UMB President is authorized to deny campus access to a third party engaged in behaviors under Maryland State law (see Sections 26-101 and 26-102, Education Article, Annotated Code of Maryland). See also VI -1.60(B) UMB Procedures for Adjudicating Complaints Against UMB Personnel of Sexual Misconduct and Sex and Gender-Based Discrimination.

  8. External Complaints

    UMB Students have the right to file complaints of Prohibited Sex Discrimination with an external government agency if UMB resolution of a complaint is unsatisfactory or if it is preferred to file externally in the first instance. UMB investigations may offer the potential of more timely resolutions of complaints. Complaints of UMB Students may be directed to the following:

    Office for Civil Rights
    U.S. Department of Education
    The Wanamaker Building, Suite 515 
    100 Penn Square East
    Philadelphia, PA 19107
    Phone: 1-800-421-3481
    215-656-8541
    Email: OCR.Philadelphia@ed.gov

  9. UMB Mandatory Reporting Requirements

    If a UMB administrator, faculty or staff member receives an oral or written complaint of Prohibited Sex Discrimination involving UMB faculty, staff, student or a UMB affiliate, that person has an affirmative responsibility to promptly inform the Title IX Coordinator. The Title IX Coordinator will respond to the report in accordance to UMB policies and procedures related to Prohibited Sex Discrimination.

    The Title IX Coordinator is responsible for ensuring that crimes reportable under the Clery Act (20 U.S.C. §1092(f)) are timely reported to the UMB Campus Police. An optional form for making the report can be found at: https://www.umaryland.edu/publicsafety/

    Data collected for Clery Act reporting is to be used to increase public safety, not to identify the victim; therefore, personal identifying information is not required.

  10. Campus and Other Resources

    For health emergencies, call 911 or go to the nearest emergency room.

    The Title IX Coordinator can facilitate contacting appropriate medical personnel as soon as possible following the incident to obtain attention and guidance in the preservation of evidence needed for proof of criminal assault and the apprehension and prosecution of assailants.

    University of Maryland Medical Center: 
    22 North Greene Street between Baltimore and Lombard Street
    Baltimore, MD 21201
    Adult Emergency 410-328-9400
    www.umm.edu

    Mercy Medical Center: 
    Mercy Emergency Department operates a Sexual Assault Forensic Examiner (SAFE) program where victims of sexual assault may receive free exams from trained forensic nurse examiners. 
    301 St. Paul Place, 
    Baltimore MD 21011
    The hospital’s Emergency Room phone number is 410-332-9477.
    https://mdmercy.com/departments-and-services/emergency-department

    Student Health Center:
    UMaryland Immediate Care 408 W. Lombard Street between Eutaw and Paca Streets 
    Baltimore, MD 21201
    Monday – Friday 7:00 a.m. to 4:45 p.m.
    Appointments: 667-214-1899 (external) or 4-1899 (internal)
    After Hours (urgent questions, available 24/7): 667-214-1899 (external) or 4-1899 (internal)
    www.umaryland.edu/studenthealth

    To report a crime or emergency, call 711 or 410-706-3333 or go to the nearest police officer

    Any person may contact the Police directly at any time. Some forms of discrimination on the basis of sex or gender, e.g., all forms of Sexual Violence, may constitute a crime. UMB will assist any individual who wishes to report alleged criminal conduct under this policy to appropriate enforcement authorities

    Campus Police:
    Pine Street Police Station
    214 N. Pine Street
    Baltimore, MD 21201
    For emergencies phone x 711 or 410-706-3333
    TTD/TTY: 410-706-3416
    www.umaryland.edu/police

    Baltimore City Police: 
    Emergency contact number: 911.

    Other campus and off-campus resources:

    UMB Ethics Point Hotline (anonymous reporting option): 
    Dial toll-free: (866) 594-5220 
    or report online at www.ethicspoint.com and choose File a Report

    Student Financial Assistance and Education: UMB Students can obtain information about financial aid, tuition refunds, leaves of absences, and options for loan repayment. (410) 706-7347 (external) or 6-7347 (internal); www.umaryland.edu/fin

    Off-Campus Organizations and Hotlines offering victim assistance and advocacy services, including legal assistance, emergency shelter and transitional housing:

  11. Counseling

    The Student Counseling Center or personal counselors can be useful in helping UMB Students cope with the stress resulting from experiencing Prohibited Sex Discrimination or participating in an investigation of a complaint of Prohibited Sex Discrimination. Please see below for information about how to contact the Student Counseling Center. For more information, see VI-1.60(A) UMB Policy Prohibiting Sexual Misconduct and Sex and Gender-Based Discrimination.

    Student Counseling Center (confidential)
    HS/HSL Library
    601 W. Lombard St., Suite 440
    Phone: 410-328-8404; Fax: 410-328-5291
    www.umaryland.edu/counseling
    Monday – Friday from 8:30 a.m. to 5:00 p.m. and limited evening hours Mondays and Tuesdays

  12. Educational Programs

    Through the Title IX Coordinator, educational programs on Prohibited Sex Discrimination for UMB Students can be arranged. Detailed information regarding required educational programs and other trainings can be found at the Office of Accountability and Compliance website: www.umaryland.edu/titleix/training.

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