Sexual Misconduct, as defined in the UMB Policy Prohibiting Sexual Misconduct and Sex and Gender-Based Discrimination [VI-1.60(A)], is a form of sex-based discrimination that includes Dating Violence, Domestic Violence, Sexual Exploitation, Sexual Harassment, Sexual Intimidation, Sexual Violence, and Stalking. UMB prohibits Sexual Misconduct in any form.

Sexual Harassment, including Sexual Violence, means unwelcome sexual advances, unwelcome requests for sexual favors, and other behavior of a sexual nature. Sexual Violence is a form of sexual harassment and means physical sexual acts perpetrated against a person’s will or where a person cannot give consent. Sexual Violence encompasses rape, sexual assault, sexual battery, and sexual coercion.

The following conduct, as well as others that are not listed, can constitute Sexual Harassment/Sexual Violence:

• Harassment through public or private insult, sexually suggestive comments concerning a person’s body or behavior, and sexual demands.
• Subtle or overt pressure to comply with demands of sexual activity.
• Remarks about another person’s clothing, body, sexual activities, sexual preferences, or sexual orientation, as well as teasing, jokes, remarks, or gestures that are sexual in nature.
• Unnecessary touching, pinching, patting, or exposure to another person’s body.
• Unwanted communications of a sexual nature in writing, by telephone, or by other means.
• Requests or demands for sexual favors accompanied by implied or overt threats about grades, clinical assignments, class academic assignments, recommendations, student employment, etc.
• Repetition of unwanted invitations for dates.
• Physical assault of a sexual nature, up to and including attempted or actual rape.

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, based upon the length of the relationship, the type of relationship, and the frequency of interaction between the persons in the relationship.

Domestic Violence means violence committed by any of the following persons:

• A current or former spouse or intimate partner of the complainant.
• A person with whom the complainant shares a child.
• A person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner.
• A person similarly situated to a spouse of the complainant.
• Any other person against an adult or youth complainant protected from those acts by domestic or family violence laws of Maryland.

Stalking means engaging in a course of conduct that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

If it is a health emergency, call 911 or go to the nearest emergency room. You also may go to University Police, located at the Pine Street Station, at any time of the day or night to report an incident and receive assistance. University Police must be notified if the Sexual Misconduct involves threatening, aggressive or violent behavior and there is a risk of danger to yourself or others. Reports to University Police can be made in person, by phone, in writing, via email, or by using the University Associate’s Report form, available at:

http://cf.umaryland.edu/umpolicies/usmpolicyInfo.cfm?polid=369&section=all

Regardless of whether a report is made to University Police, you should report any incident of Sexual Misconduct to the University’s Title IX Coordinator as soon as reasonably possible after the incident. The Title IX Coordinator is trained in receiving reports of Sexual Misconduct and will be able to guide you to the appropriate campus support services and assist in eliminating the harassment and preventing recurrence. A list of campus support resources is provided in the UMB Policy Prohibiting Sexual Misconduct and Sex and Gender-Based Discrimination [VI-1.60(A)] as well as the link below:

https://www.umaryland.edu/titleix/resources-and-references/

The Title IX Coordinator, in conjunction with your school or program, will help formulate a plan of interim steps to protect you while a complaint is being investigated. Steps may include:

• A change of living arrangements.
• A change in course or class selection.
• A short-term leave of absence.
• University notice to the parties to refrain from contact pending the outcome of the investigation.
• Information about campus support services.

Members of the University community are expected to promptly report incidents of Sexual Misconduct involving the University community to the Title IX Coordinator in person, by phone, in writing, via email, or online using the Hotline. A report should be made to the Title IX Coordinator even if you do not have complete information.

If the behavior you observed involved threatening, aggressive, or violent behavior, in addition to notifying the Title IX Coordinator, you also should immediately make a report to University Police.

You can remind the individual that the University has campus support services that are available to the campus community and encourage and assist the individual, as needed, to connect with appropriate support services and to make reports to University Police and the Title IX Coordinator. Even if the individual does not wish to make a formal report or pursue an inquiry, you are expected to promptly report the allegation of Sexual Misconduct to the Title IX Coordinator. Reports to the Title IX Coordinator can be made in person, by phone, in writing, via email, or online using the Hotline. Reports should be made even if you do not have complete information and even if the individual requests confidentiality.

You may request partial or complete confidentiality; however, a request for confidentiality may limit the University’s ability to respond. The University will take reasonable steps to investigate and respond to a complaint consistent with a request for confidentiality as long as doing so does not prevent the University from responding effectively to a hostile environment and preventing hostile behavior that may be directed toward others.

Even if you do not wish to identify yourself or pursue an investigation, you should make a report to the Title IX Coordinator, who will provide you with information about the campus support services available to you and work with you and your school on steps to eliminate the harassment and prevent recurrence. You may make an anonymous report, but this might limit the University’s ability to respond to the complaint.

You always may contact the police about filing a criminal complaint. Regardless of whether the hostile behavior is part of a criminal investigation or proceeding, the University will conduct its own investigation and take reasonable steps to end the misconduct and prevent recurrences.

Yes. Incidents of Sexual Misconduct involving a member of the campus community that occur off campus should be reported to the Title IX Coordinator. Behavior that is threatening, aggressive, or violent should be reported to law enforcement in the jurisdiction where the incident occurred, as well as to UMB Police. The University will investigate and take reasonable steps to resolve such complaints to the extent necessary to protect the complainant and prevent harassment directed toward others.

If you have been accused of Sexual Misconduct, be aware that University policy does not presume an accused individual is responsible for the alleged conduct. The University will investigate and take reasonable steps to end the misconduct and prevent recurrences. The complainant and the respondent have equal opportunity to due process.

The University offers many campus support services. A list of campus resources is available in the  UMB Policy Prohibiting Sexual Misconduct and Sex and Gender-Based Discrimination [VI-1.60(A)] and at http://www.umaryland.edu/titleix/resources-and-references/.

If you have any questions or need guidance regarding campus resources, contact the University’s Title IX Coordinator.

The University’s Behavioral Evaluation and Threat Assessment (BETA) Team coordinates activities in response to reports of threatening, aggressive, or violent behavior or warning signs of such behavior. Warning signs are described in the UMB Behavioral Evaluation and Threat Assessment Policy [XI-3.00(A)] available at https://www.umaryland.edu/policies-and-procedures/library/public-safety/policies/xi-300a.php. 

The BETA Team can be reached through a report to University Police. If an incident of Sexual Misconduct involves threatening, aggressive, or violent behavior and you believe there is risk of continuing or recurrent danger to members of the University community, immediately report the matter to University Police in person, by phone, via email, or by using the University Associate’s Report form, available at the above-referenced BETA policy link. 

Reports of Sexual Misconduct, regardless of whether or not reported to University Police and the BETA Team, also should be made to the Title IX Coordinator. The Title IX Coordinator may consult with the BETA Team if a report of Sexual Misconduct presents a risk of danger to the individual making the report or others.

The University does not tolerate or condone any form of retaliation against an individual whose report or complaint is made in good faith or against any person who participates in good faith in an inquiry or investigation of a complaint under the applicable University policies and procedures.

Harassment Prevention for Employees provides an overview of the types of behaviors that can give rise to harassment claims, including those based on gender, race, color, national origin, religion, age, and disability, under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act (and ADA Amendments Act), and the University's nondiscrimination policies and procedures.

The Title IX for Higher Education course provides an overview of Title IX of the Education Amendments of 1972, the federal law that prohibits sexual harassment of members of the University community. Compliance with this law is required for all educational institutions (kindergarten through higher education). The Department of Education’s Office of Civil Rights (OCR) has indicated that failure to comply with Title IX can have serious repercussions for institutions, including loss of federal funding, and has sanctioned schools nationwide for failing to meet the standards under Title IX. Sexual assault also is a form of sexual discrimination prohibited under Title IX. More information about Title IX at UMB can be found in the University's sexual misconduct policies and procedures.

All UMB employees must take both the Harassment Prevention and Title IX training courses. This includes anyone on the UMB payroll, such as graduate students, postdocs, hourly, and student workers.

All members of the UMB community, including affiliates and students, must take the Title IX training course. 

Currently, residents who are employed through University of Maryland Medical System (UMMS) and any employees of Faculty Physicians Inc. (FPI) can use the same course as UMB Affiliates.

Before accessing the Learning Hub, or beginning a course in the eLearning system, please disable your pop-up blocker.

If you continue to have trouble, email eLearning@umaryland.edu with a detailed description of your issue (description of screen, error message, etc.).

Human Resource Services (HRS) and OAC will maintain tracking information and provide reports to supervisors, as requested. 

If a supervisor would like to verify completion by their employees, OAC prints completion reports at the end of each month and can provide the last available report upon request. Supervisors should encourage their employees to sign in to eLearning. The online training has been assigned to all employees as part of their eLearning profile. Reminders will be sent directly from the Learning Hub to any employee who has signed into eLearning connection but has not completed the training.

UMB must maintain continuous compliance with Title IX requirements. Therefore, this training must be completed every academic year.

OAC has been meeting with schools and departments since April 2013 regarding Title IX training and the upcoming all-staff electronic training. In 2013, OAC presented in-person Title IX training at the deans and vice presidents meeting, at the law school’s faculty council meeting, and at the all-employee/staff meetings for the schools of nursing, social work, and pharmacy, and for URecFit. In 2014, OAC presented Title IX training to employees of the counseling center and student health.

Title IX training is required by the Department of Education’s Office of Civil Rights (OCR) for all employees. Given the large number of UMB employees, online training is the best method to reach the majority of the University community.

The Learning Hub system requires the username and password that employees use to enter their timesheets. OAC understands that some employees do not complete timesheets through myUMB and are unfamiliar with the portal and mechanism for logging in. Please contact eLearning@umaryland.edu to address any access concerns.

Supervisors should communicate this message to any staff without UMB email addresses in the same way other communications are sent to those staff members. OAC can provide informational flyers for any units that may have this issue. Please contact TitleIXCompliance@umaryland.edu.

The Department of Education can withhold federal funding from any institution that doesn’t comply with Title IX. Since 2001, the Department of Education has issued guidance to schools with steps to follow in order to comply with Title IX; one such step is Title IX training for all employees.

Every UMB employee must take this training. While the intention is not to single out individual employees, the failure of any one UMB employee/department/lab/unit to comply means the University, as a whole, could lose federal funding. UMB employees who fail to timely complete required training may be subject to appropriate disciplinary action. Again, it is highly recommended that employees access the eLearning system well in advance of the annual deadline to ensure that any issues or concerns will be resolved well ahead of the deadline. 

Supervisors should help lead the push for compliance by their employees. Ensuring employees complete mandatory training is a metric upon which a supervisor may be evaluated as part of informal and formal performance evaluations. 

Your online training information is stored for UMB’s records — you do not need to send confirmation of completion to OAC.

If you would like to save or print proof of completion for your own records, the certificate of completion becomes available at the end of the training. You can print or save the certificate from that new window. 

• Login help: eLearning@umaryland.edu
• In-person training or general questions: TitleIXCompliance@umaryland.edu