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FAQs on the Revised Regulations and Sexual Misconduct Policy and Procedures

The following FAQs are for informational purposes. Please visit Policies & Laws for the official statement of the University’s policies and procedures.

Please click here to read about general FAQs about the University's Sexual Misconduct Policy and Procedures.

General Information

Resources for All Types of Sexual Misconduct Matters

The Revised Sexual Misconduct Policy and Procedures

a) General

b) Title IX Sexual Harassment

c) Other Sexual Misconduct

 

General Information

1. What is Title IX?

Title IX of the Education Amendments of 1972 is a federal law that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.

Title IX states that:

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.

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2. What are the new Title IX regulations and what do they require of Hopkins?

On May 6, 2020, the United States Department of Education released revised regulations governing colleges and university handling of sexual misconduct matters under Title IX of the Education Amendments of 1972.

The changes primarily pertain to our disciplinary processes and the specific steps that must be followed in the formal process for addressing complaints of sexual misconduct that fall under Title IX.  

The new regulations call for additional processes for a subset of sexual misconduct called Title IX Sexual Harassment that occurs in the United States within a university program or activity, and where a formal complaint has been filed. In such cases, the new regulations require changes to our adjudication process, such as the addition of a live hearing conducted by a trained panel, with cross-examination by hearing advisers. See FAQs #12 - #26.

If alleged sexual misconduct does not meet the definition of Title IX Sexual Harassment or does not satisfy other requirements - for example, if the sexual misconduct occurred abroad - the University will apply the same procedures it has been using for several years to fully address the conduct. See FAQs #27 - #34.

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3. What will not change based on the regulations?

The University’s deep commitment to preventing sexual misconduct, addressing reports in a timely and fair manner, and providing support for those involved in sexual misconduct matters is unwavering. We assure our community that the following will remain consistent when we address sexual misconduct:

  • All sexual misconduct that has been prohibited and addressed under our former sexual misconduct policy will continue to be prohibited and addressed under the revised Sexual Misconduct Policy and Procedures – this includes conduct that happens off-campus and/or outside of the United States;
  • We will continue to use the “preponderance of the evidence” standard to determine policy violations;
  • We will continue to provide supportive services and measures to Complainants and Respondents involved in all sexual misconduct matters;
  • The Provost’s Sexual Violence Advisory Committee will continue its efforts to identify and recommend to the Provost sexual misconduct prevention, support and accountability measures that will best serve our community; and
  • We will continue to require that faculty, staff, and students complete training to help prevent sexual misconduct.

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Resources for All Types of Sexual Misconduct Matters

4. Where do I go if I have questions about the Sexual Misconduct Policy and Procedures ("SMPP") or if I need support?

Please know that the Office of Institutional Equity (OIE) stands ready to help any community member understand how the changes to the SMPP may impact them. OIE also stands ready to help connect community members to various Interim Supportive Measures, as well as Confidential and Non-Confidential Resource options listed in Appendices B and C of the Sexual Misconduct Policy and Procedures.  Community members can also directly contact any of the support resources listed in Appendices B and C.

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5. What Interim Supportive Measures are available to any party during a sexual misconduct matter under the new Sexual Misconduct Policy and Procedures ("SMPP")?

Interim Supportive Measures, as defined in the SMPP, are available as appropriate to any party to an OIE investigation – including anyone who reports or is accused of sexual misconduct – without cost and regardless of whether investigation or informal resolution occurs. These may include, but are not limited to:

  • Moving residences on-campus;
  • Adjusting work schedules;
  • Changing academic schedules;
  • Changing advisors;
  • Parking and/or transportation accommodations;
  • Rescheduling examinations;
  • Allowing withdrawal from or re-taking classes without penalty;
  • Providing access to tutoring or other academic support;
  • Prohibiting attendance at group or organizational informal or formal functions overseen by the University;
  • Administrative leave for non-student employees;
  • Interim suspension/emergency removal as permitted by applicable law;
  • Issuing mutual “no contact” orders;
  • Assisting to obtain access to medical and/or mental health services;
  • Change in dining location;
  • Access to safety escort services;
  • Developing an anti-retaliation plan to address retaliation concerns; and/or
  • Assistance connecting with a supporter (see FAQ #22 and #31 below for supporter rights in Title IX Sexual Harassment and Other Sexual Misconduct matters).

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6. Are confidential resources available for community members?

A “Confidential Resource” is a formal University designation given to certain University employees/departments who do not have to report sexual misconduct to the University. Confidential Resources include mental health providers and staff, healthcare providers and staff, pastoral counselors and staff, and any other persons who have a legal obligation to protect confidentiality when acting in a professional capacity unless there is an imminent threat to health or safety, or other basis for disclosure pursuant to law.

We have also created a newly designated Confidential Resource available to all undergraduate and graduate students in all University divisions. As of August 14, 2020, the University's Gender Violence Prevention & Education Specialist (GVPES), Alyse Campbell, MSW, LGSW, is available as an additional Confidential Resource under the Sexual Misconduct Policy and Procedures.

Please click here for a full list of Confidential Resources available to students, faculty and staff.

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The Revised Sexual Misconduct Policy and Procedures

a) General

7. What are the most significant changes as a result of the revised regulations?

The most significant changes to the Sexual Misconduct Policy and Procedures relate to the definitions and procedures for Title IX Sexual Harassment and Other Sexual Misconduct. Combined, these two types of sexual misconduct encompass all sexual misconduct that has long been prohibited at the University – and continues to be prohibited – under the University’s Sexual Misconduct Policy and Procedures.  For allegations of Title IX Sexual Harassment, however, the regulations require that we use specific procedures (discussed further in FAQ #13).

Policy revisions have been made to: 1) communicate the difference between Title IX Sexual Harassment and Other Sexual Misconduct; 2) describe the assessment process for determining what procedures apply to a particular report of sexual misconduct; 3) outline the different procedures for addressing Title IX Sexual Harassment and Other Sexual Misconduct; 4) include other information required by the regulations; and 5) provide additional policy and procedural clarity for our community.

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8. Do the revised Sexual Misconduct Policy and Procedures apply retroactively?

No. The new policy definitions and procedures are not retroactive. Where the allegations of sexual misconduct allegedly occurred on or after August 14, 2020, the new policy will be applied. Matters reported to OIE prior to August 14, 2020, and concerns related to allegations of sexual misconduct that occurred prior to August 14, 2020, will be subject to the policy and procedures that were in effect until August 14, 2020.

Click here to find the former version of the Sexual Misconduct Policy and Procedures effective July 1, 2019 – August 13, 2020.

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9. What is the standard of evidence used to make decisions under all investigations under the Sexual Misconduct Policy and Procedures?

We use the preponderance of the evidence standard. This means that the investigation and adjudication process determines whether the evidence more likely than not supports a determination that the Respondent is responsible for the alleged misconduct.

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10. I noticed that the time frame language in the Sexual Misconduct Policy and Procedures has changed. Why?

Yes, some time frames have changed to reflect our expectations for how long case resolutions can take based on the complexity and volume of cases. In addition, the new regulations impose additional administrative steps that are likely to add to our case processing times.

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11. Can I still file an anonymous report of sexual misconduct under the new Sexual Misconduct Policy and Procedures?

Yes. With the exception of Formal Complaints of Title IX Sexual Harassment defined below, anonymous reports may be filed with the Office of Institutional Equity (OIE), meaning that reporters may file a report without identifying themselves. Anonymous reporters are encouraged to speak with the Title IX Coordinator or an OIE investigator so as to understand the potential limitations for an investigation being conducted based on an anonymous report.

To make an anonymous report, please call or email OIE (410-516-8075 or titleixcoordinator@jhu.edu), or submit the Sexual Misconduct Report Form. Do not provide any personally identifiable information (such as name, University email, personal e-mail that discloses your name, or University phone number) when making the report.

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b) Title IX Sexual Harassment

12. What is Title IX Sexual Harassment?

Title IX Sexual Harassment includes the following:

  • certain sex-based and sexual hostile environment harassment;
  • quid pro quo sexual harassment perpetrated by an employee;
  • sexual assault;
  • sex-based stalking; and
  • relationship violence.

Click here for the definitions of the above conduct under the Sexual Misconduct Policy and Procedures.

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13. When will the University generally use the Procedures for Handling Title IX Sexual Harassment?

As required by federal regulations, the University will use the Procedures for Handling Title IX Sexual Harassment when the allegations fall under the definition of Title IX Sexual Harassment and:

  • The conduct occurred in United States;
  • The conduct occurred in the context of the University’s education programs or activities;
  • A signed Formal Complaint requesting investigation has been filed; and
  • The Complainant is participating in or attempting to participate in a university program or activity at the time of complaint filing (unless the Formal Complaint is filed by the Title IX Coordinator).

For more information about when the University has discretion to dismiss a formal complaint, please see FAQ #18 below.

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14. What is a university education program or activity?

While there is no single determining factor of a university education program or activity, the University typically looks to whether the alleged misconduct occurred in the context of an event, program or activity funded, promoted, or sponsored by the school. The University would also look at whether it had or exercised substantial control over the Respondent and the context in which the harassment occurred, or whether an incident occurred as part of the general operations of the University. Programs and activities can include, but are not limited to: admissions, hiring, workplace, academic instruction, residential life, amenities on campus, sports teams, work study, games, concerts, speeches, and off-campus trips organized by the University.

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15. What is a Formal Complaint of Title IX Sexual Harassment? How do I file one?

A Formal Complaint is a document filed by a Complainant or signed by the Title IX Coordinator alleging Title IX Sexual Harassment (see FAQ #12) against a Respondent and requesting that the University investigate the allegation of Title IX Sexual Harassment.

A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, electronic mail, or using the following form. If filed by the Complainant, the Formal Complaint must contain the Complainant’s physical or digital signature, or otherwise indicate that the Complainant is the person filing the Formal Complaint.

A Formal Complaint may result in the use of the Procedures for Title IX Sexual Harassment. You can speak to OIE about your case and process options prior to filing any report or Formal Complaint and OIE can connect you with supportive resources and measures regardless of whether you decide to file a Formal Complaint, including confidential resources. 

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16. Can I file an anonymous Formal Complaint without the Respondent being notified?

No. Individuals who wish to file a Formal Complaint may not remain anonymous. A Formal Complaint filed by the Complainant must contain the Complainant’s name and signature. Upon receipt of a Formal Complaint, OIE will provide a Notice of Allegations to both parties. The Notice will contain a Complainant’s identity and describe the allegations of Title IX Sexual Harassment.

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17. Can I talk to OIE without filing a Formal Complaint?

Yes. You can speak to OIE about your case and process options prior to filing any report or Formal Complaint and OIE can connect you with supportive resources and measures regardless of whether you decide to file a Formal Complaint.

However, please be advised that, during that conversation, should OIE learn information that may require further action (for example, safety and security concerns), OIE may need to conduct further follow up. That follow up could include the Title IX Coordinator filing a Formal Complaint, which includes identifying information. 

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18. Are there any reasons why the University may dismiss a Formal Complaint after it is filed?

Yes. The Title IX Coordinator has the discretion to dismiss a Formal Complaint where: 1) The Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations within; 2) The Respondent is no longer enrolled at the University; or 3) Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein. Discretionary dismissal can also occur during an informal resolution or formal investigation.

In addition, the University must dismiss a Formal Complaint if any of the criteria described in FAQ #13 are not met. For example, the University must dismiss the Formal Complaint if the alleged conduct did not occur in the United States or did not occur in the context of the University's education programs or activities. 

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19. What is the process for handling Formal Complaints of Title IX Sexual Harassment?

Click here to find a flowchart created to help our community visualize how Title IX Sexual Harassment matters will be assessed and handled under the revised Sexual Misconduct Policy and Procedures.

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20. What happens if the matter I report does not meet the definition of Title IX Sexual Harassment, or if it does not meet the specific requirements described above?

For matters that do not constitute Title IX Sexual Harassment (see FAQ #12) or do not meet the Formal Complaint or other requirements above (see FAQ #13), those matters will be assessed for further action/handling under the Procedures for Other Sexual Misconduct or other appropriate university process. See FAQ #28 below.

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21. What happens during an investigation and adjudication of a Formal Complaint under the Procedures for Title IX Sexual Harassment?

Investigation and adjudication of a Formal Complaint includes the following general steps:

  • OIE sends Notice of Allegations to both parties;
  • OIE conducts thorough, objective investigations where both parties have the opportunity to provide information and documents, including suggesting witnesses and questions for the other party;
  • Both parties have the right to review and respond to OIE’s evidence file;
  • OIE drafts an investigative report to summarize the relevant information gathered and make recommendations as to findings of fact and policy determinations;
  • Both parties have the right to review and respond in writing to the OIE investigative report;
  • The university will conduct a live hearing, which may be held virtually, with cross-examination, presided over by a trained determination panel in order to reach a decision about whether a policy violation(s) more likely than not occurred;
  • All parties must have a Hearing Advisor present at the live hearing, who may be an attorney. (If a party does not have a Hearing Advisor present at the hearing, the University must provide one to the party without fee or charge to conduct cross-examination on behalf of the party during the live hearing.);
  • After the determination panel has reached a decision, a detailed report is issued regarding the outcome and sanctions; and
  • Both parties have a limited opportunity to appeal to a trained appellate officer.

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22. What types of support am I entitled to under the Procedures for Title IX Sexual Harassment?

If they choose, the Complainant and the Respondent each may identify one or two supporter(s) to assist and advise them throughout the investigative and resolution process (including hearing*, sanctioning, and appeals). If a party chooses to have two supporters, only one can be a personal supporter (i.e., someone who is not serving as legal counsel or advocate, for example, a friend, parent, or legal guardian) and only one may be an attorney, an advocate supervised by an attorney, or a trained advocate).

  • The supporter(s) may physically or virtually accompany the party to attend any meeting, interview or hearing held pursuant to this Policy, except where noted below for Title IX Sexual Harassment hearings.
  • During any meeting, hearing, or interview under these Procedures, the supporter(s) (whether or not legal counsel) may privately advise and consult with the party, except during questioning of the party at a hearing.
  • The supporter(s) may not speak on the party’s behalf or otherwise participate, or address or question the investigator, resolution panel, or other parties or witnesses (except where noted below for Title IX Sexual Harassment hearings).
  • The supporter(s) may make written submissions on their party’s behalf.

*Hearing Advisors: In Title IX Sexual Harassment investigations, both the Complainant and Respondent are entitled to a Hearing Advisor in the event of a live hearing. If a party does not identify their own Hearing Advisor, the University will provide a Hearing Advisor to the party without fee or charge in the event of a live hearing.  The Hearing Advisor may be, but is not required to be, an attorney. The Hearing Advisor also may be, but is not required to be, an individual whom a party has selected as a personal or legal supporter. During a live hearing, only one Hearing Advisor for each party may be present – no other supporter(s) may attend the hearing, whether virtual or in-person.  For more information on the role of a Hearing Advisor – which includes conducting live questioning – please see Appendix G – Procedures for Title IX Sexual Misconduct.

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23. May students retain an attorney to represent them in certain sexual misconduct matters?

Yes. Parties are always welcome to retain their own attorney. In addition, in Title IX Sexual Harassment investigations that involve allegations of sexual assault by or against a current or former student, the student parties may have access to free legal counsel under Maryland law and through the Maryland Higher Education Commission. These attorneys could also serve as Supporters or Hearing Advisors as described above. The following MHEC website provides more information, including a list of participating attorneys.

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24. Who will conduct any hearing and determine the outcome after an OIE Title IX Sexual Harassment investigation?

A determination panel comprised of three trained members will adjudicate Title IX Sexual Harassment matters. For students, the determination panel will be comprised of 1 external legal professional and 2 university staff or faculty. For staff, the determination panel will be comprised of 1 external legal professional, 1 staff member, and 1 additional university staff or faculty member. For faculty, the determination panel will be comprised of 1 external legal professional, 1 faculty member, and 1 additional university staff or faculty member.

The determination panel will conduct any live hearing (with the external legal professional chairing the panel and making any determination regarding the appropriateness of evidence and/or cross-examination questions). After the hearing, the panel will issue its written decision, including any sanctions, if appropriate. Faculty matters will be referred to the divisional Dean’s Office for sanctioning pursuant to the applicable divisional faculty misconduct procedures.

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25. What appeal rights do I have in Title IX Sexual Harassment matters?

As stated here in the Procedures for Title IX Sexual Harassment, both parties have limited appeal rights in connection with any dismissal of a Formal Complaint and in connection with a determination panel decision.

Appeals will be handled by the following individuals:

  • The Vice Provost for Student Affairs (or designee) in student Respondent matters;
  • The Vice President for Human Resources (or designee) in staff Respondent matters; and
  • The Dean of the Respondent's division (or designee) in faculty Respondent matters.

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26. What happens if I want to informally resolve a Title IX Sexual Harassment matter?

At any time prior to reaching a determination regarding a Formal Complaint of Title IX Sexual Harassment, the Title IX Coordinator or designee may facilitate an informal resolution process (such as mediation) that does not involve a full investigation and adjudication, if the following circumstances are met:

  • The parties each receive a written notice disclosing the allegations and the requirements of the informal resolution process;
  • The parties each provide voluntary, written consent to participating in the informal resolution process; and
  • The Formal Complaint does not allege that a University employee engaged in Title IX Sexual Harassment of a student.

If the parties agree to engage in the informal resolution process, either party may withdraw from that process at any time prior to agreeing to a resolution of the Formal Complaint. If either party decides to withdraw from informal resolution, the investigation and adjudication process for the Formal Complaint will resume.

If, through the informal resolution process, the parties agree to a resolution of the Formal Complaint, the parties’ agreement will be confirmed in writing, the Formal Complaint will be closed, and the parties may no longer resume the investigation and adjudication process on the same allegations.  However, an Informal Resolution does not prevent either party from reporting new allegations that were not part of a Formal Complaint that was informally resolved.

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c) Other Sexual Misconduct

27. What is Other Sexual Misconduct?

Other Sexual Misconduct includes conduct that does not meet the Title IX Sexual Harassment definition (see FAQ #12), such as non sex-based stalking and certain forms of sexual and gender-based harassment. These are defined in the SMPP as:

  • Non-Title IX Sexual Harassment;
  • Non-Title IX Gender-Based Harassment; and
  • Non-Title IX Stalking.

Other Sexual Misconduct also includes Title IX Sexual Harassment that does not meet the Title IX Sexual Harassment jurisdictional requirements (for example, any type of sexual assault, sexual harassment, relationship violence or stalking that occurs outside of a university program or activity or outside of the United States).

Click here for a link to the Sexual Misconduct Policy and Procedures definitions of the above conduct.

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28. What are the investigation procedures for Other Sexual Misconduct?

Click here for a detailed flowchart of the Procedures for Other Sexual Misconduct.

Investigation and adjudication of a matter under the Procedures for Other Sexual Misconduct include the following general steps:

  • OIE sends Notice of Allegations to both parties;
  • OIE conducts thorough, objective investigations where both parties have the opportunity to provide information and documents, including suggesting witnesses and questions for the other party;
  • OIE drafts an investigative report to summarize the relevant information gathered and make recommendations as to findings of fact and policy determinations;
  • Both parties have an opportunity to review and comment in writing on the OIE investigative report;
  • The OIE report is forwarded to the decision-maker along with any comments submitted by the parties.
    • For matters involving student Respondents, the OIE report is forwarded to Student Affairs for a resolution panel process;
    • For matters involving staff Respondents, the OIE report is forwarded to divisional Human Resources and management; and
    • For matters involving faculty Respondents, the OIE report is forwarded to the relevant Dean’s Office.
  • After a decision has been reached, the decision-maker issues the outcome to both parties; and
  • Students have a limited opportunity to appeal to a trained appellate officer. Faculty and staff parties may have appeal rights as set forth in divisional and Human Resources policy, or when a student is the Complainant.

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29. Can you keep my identity confidential in cases under the Procedures for Other Sexual Misconduct?

The Complainant for a report of Other Sexual Misconduct may request confidentiality at any point up to the initiation of an investigation under the Other Sexual Misconduct Procedures. For example, the Complainant may ask that the Complainant's identity not be disclosed to anyone else, including the Respondent, or that information about the incident not be shared with others. The Title IX Coordinator will consider any requests for confidentiality or requests that an investigation not be pursued in light of legal requirements and the University's commitment to provide a safe and non-discriminatory environment for all members of the community. For example, if the Title IX Coordinator concludes that the allegations about the Respondent suggest a threat to the community, or learns of other information that warrants or necessitates investigation, the request for confidentiality may not be granted. If the University honors a request for confidentiality, the University's ability to investigate and respond to the reported misconduct and pursue disciplinary action against the Respondent may be limited. The University will, however, take all reasonable steps to respond to the report consistent with a request for confidentiality. If the Title IX Coordinator determines that the University will not honor a Complainant's request for confidentiality, the Title IX Coordinator or a designee will inform the Complainant prior to starting an investigation.

If OIE initiates an investigation of Other Sexual Misconduct, written notice of the allegations will be provided to both parties and will include the identity of the Complainant absent unusual circumstances.

In order to maintain confidentiality, a student may seek information from officials (including from the Title IX Coordinator and OIE staff) about their rights and options, including interim supportive measures, without disclosing the underlying alleged offense. It should be noted, however, that interim supportive measures may not be as effective in remedying underlying circumstances if the student chooses to not disclose the underlying alleged offense.

For information about confidential resources, see FAQ #6.

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30. Do investigations of Other Sexual Misconduct result in a hearing?

For Other Sexual Misconduct matters involving a student Respondent, a hearing is possible but often does not occur.  The student Resolution Panel reviews OIE’s investigative report as well as any comments submitted by the parties and then may: 1) determine that the case can be decided without hearing from witnesses or receiving further evidence, 2) remand the case for further investigation or clarification of the investigative report, or 3) convene a hearing. If the resolution panel determines that a case can be decided without hearing from witnesses or receiving further evidence, both the Complainant and Respondent will nonetheless have the opportunity to make a statement to the resolution panel in person or in writing if they so choose.  If the Resolution Panel decides to convene a hearing, the general format for hearings is set forth in Appendix H – Procedures for Other Sexual Misconduct.

For Other Sexual Misconduct matters involving a staff Respondent, there are generally no hearings unless the matter involves bargaining unit employees and a hearing is required by the applicable Collective Bargaining Agreement.

For Other Sexual Misconduct matters involving a faculty Respondent, applicable faculty professional misconduct policies apply and determine the process. 

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31. What support options am I entitled to during any matter under the Procedures for Other Sexual Misconduct?

If they choose, the Complainant and the Respondent each may identify one or two supporter(s) to assist and advise them throughout the investigative and resolution process (including hearing, sanctioning, and appeals). If a party chooses to have two supporters, only one can be a personal supporter (i.e., someone who is not serving as legal counsel or advocate, for example, a friend, parent, or legal guardian) and only one may be an attorney, an advocate supervised by an attorney, or a trained advocate.

  • The supporter(s) may physically or virtually accompany the party to attend any meeting, interview or hearing held pursuant to this Policy;
  • Prior to participating in the investigation or resolution process, the supporter(s) shall be apprised of their rights, role, and process by the Title IX Coordinator, investigator, or other designee;
  • During any meeting, hearing, or interview under these Procedures, the supporter(s) (whether or not legal counsel) may privately advise and consult with the party, except during questioning of the party at a hearing;
  • The supporter(s) may not speak on the party's behalf or otherwise participate, or address or question the investigator, resolution panel, or other parties or witnesses.
  • The supporter(s) may make written submissions of their party's behalf.

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32. Are there attorney options available to students in Other Sexual Misconduct matters?

Yes. Parties are always welcome to retain their own attorney.  In addition, in Other Sexual Misconduct investigations that involve allegations of Sexual Assault by or against a current or former student, the student parties may have access to free legal counsel under Maryland law and through the Maryland Higher Education Commission. These attorneys could serve as Supporters as described above. The following MHEC website provides more information, including a list of participating attorneys.

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33. What appeal rights do I have in Other Sexual Misconduct matters?

Matters involving student respondents:

In Other Sexual Misconduct matters involving a student Respondent, both parties have the right to appeal the resolution panel’s finding of responsibility and/or imposition of sanction(s) within seven calendar days from receipt of the resolution panel’s determination. An appeal will involve a review of the file, including the investigative report, recording or transcript of the hearing, and decision of the resolution panel; the appeal does not involve another hearing, or meetings with the Complainant or Respondent. The grounds for appeal are

  • A procedural error that could have affected the determination or sanction(s);
  • New information that was not available at the time of the investigation or hearing and that could reasonably have affected the determination or sanction(s); and
  • Excessiveness or insufficiency of the sanction(s).

In staff and faculty Respondent cases that involve a student Complainant, the parties may appeal a determination or sanction.

Matters involving staff or faculty respondents:

In staff or faculty respondent cases that do not involve a student, appeal rights (if any) are determined by applicable divisional or unit procedures. If there is a right to appeal, it will be available equally to the Complainant and Respondent.

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34. What happens if I want to informally resolve a matter of Other Sexual Misconduct?

If both parties agree, certain Other Sexual Misconduct matters may be resolved informally. Cases involving allegations of sexual assault or sexual coercion, however, are not suitable for informal resolution. Informal resolution may also be unavailable if the Title IX Coordinator determines that it is inappropriate based on the facts and circumstances of the particular case.  All informal resolutions will be conducted or overseen by the Title IX Coordinator or a trained designee, and a party will not be asked or required to resolve a matter directly with the other party.

Even if the parties express interest in informal resolution of the report, either party may withdraw their agreement to proceed informally at any time before a final resolution agreement is reached.  If both parties are satisfied with a proposed informal resolution and the Title IX Coordinator believes the resolution satisfies the University’s obligation to provide a safe and non-discriminatory environment, the resolution will be implemented and the informal resolution process will be concluded. If informal resolution efforts are unsuccessful, the formal resolution process will continue

If a matter is resolved through informal resolution, the parties will receive a written notice of the outcome memorializing the terms of the informal resolution.

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