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The Johns Hopkins University Sexual Misconduct Policy and Procedures (“SMPP”)

EFFECTIVE AUGUST 14, 2020

Click here to download the PDF of the Sexual Misconduct Policy and Procedures

Click here to download the PDF of Appendix G: Procedures for Title IX Sexual Harassment

Click here to download the PDF of Appendix H: Procedures for Other Sexual Misconduct

For any sexual misconduct matters reported to OIE prior to August 14, 2020, or which concern allegations of sexual misconduct that allegedly occurred prior to August 14, 2020, OIE will apply the policy and procedures that were in effect until August 14, 2020.

 

Sections

Section I:       Purpose and Scope

Section II:      Prohibited Conduct

Section III:     Definitions

Section IV:     Reporting Sexual Misconduct

Section V:      Obligations of University Employees

Section VI:     Confidentiality and Confidential Resources 

Section VII:    Interim Supportive Measures

Section VIII:   General Procedures Applicable to All Sexual Misconduct Reports

Section IX:      Assessment to Determine Appropriate Procedures

Section X:       Medical Treatment and Preservation of Evidence

Section XI:      Education and Training

 

Appendices

Appendix A:      Campus Security and Local Law Enforcement

Appendix B:      Confidential Resources (Both JHU and Off-Campus)

Appendix C:      Non-Confidential Resources

Appendix D:      External Government Resources

Appendix E:      On-Campus Medical and International Student Resources

Appendix F:      Local Hospitals

Appendix G:      Procedures for Title IX Sexual Harassment

Appendix H:      Procedures for Other Sexual Misconduct

 

Quick links

 

·   Information on how to report sexual misconduct to the University

·   Information on how to report sexual misconduct to law enforcement or government agencies

·   Information to contact Campus Security and Local Law Enforcement

·   Information to contact Confidential Resources

·   Information to contact Student Affairs Offices

·   Information to contact External Government Resources

·   Information to contact On-Campus Medical and International Student Resources

·   Information to contact a Local Hospital

·   Learn more about JHU’s Timely Warning Policy

·   Access the University’s Annual Security & Fire Safety Report

·   Access the University’s Crime Logs

 

 

 

Section I

Purpose and Scope

 

The Johns Hopkins University (“JHU” or “the University”) is committed to providing a safe and non-discriminatory educational and working environment for its students, trainees, faculty, staff, post-doctoral fellows, residents, and other members of the University community.  In particular, the University will not tolerate and is committed to providing members of its community with an environment that is free from any form of sexual misconduct.  This conduct is disruptive of the learning and working environment of the University’s community and deprives students, employees, and other community members of equal access to the University’s programs and activities.  To that end, the University embraces its responsibility to increase awareness of sexual misconduct, prevent its occurrence, support victims, deal fairly and firmly with offenders, diligently investigate complaints of such misconduct and retaliation, and comply with Title IX of the Higher Education Amendments of 1972 (“Title IX”), the Campus SaVE Act, and other applicable laws.  The Johns Hopkins University Sexual Misconduct Policy and Procedures (the “Policy” and these “Procedures”) implement the University’s commitment to investigate and resolve cases involving sexual misconduct and retaliation promptly, fairly, equitably, impartially, and in compliance with law. [1]

 

This Policy prohibits sexual misconduct conduct that:

·         occurs on campus or other University property;

·         occurs in connection with University programs or activities, whether on or off-campus, including academic, educational, extracurricular, athletic and other programs and activities;

·         impedes equal access to any University educational program or activity or adversely impacts the education or employment of a member of the University community, regardless of where the conduct occurred; or

·         otherwise threatens the health or safety of one or more students, trainees, faculty members, staff members, post-doctoral fellows, or residents. 

 

This Policy and its Procedures apply equally regardless of an individual’s sex, gender, marital status, pregnancy, race, color, ethnicity, national origin, immigration status, age, disability, religion, sexual orientation, gender identity or expression, military status, veteran status, or other legally protected characteristic.  All academic and administrative units of the University (including all schools, divisions, campuses, departments, and centers) must comply and ensure that their policies and procedures comply with this Policy and its Procedures.  To the extent there is any inconsistency between unit policies and procedures and this Policy and its Procedures, this Policy and its Procedures control. 

 

All individuals who enter JHU campuses or property are prohibited from engaging in any form of sexual misconduct as defined by this Policy, regardless of their affiliation with the University.  When a report of sexual misconduct is received, OIE will assess the involved individual(s)' relationship with the University as well as the type, location, and context of the reported conduct to determine whether it should be addressed using the Procedures for Title IX Sexual Harassment, the Procedures for Other Sexual Misconduct, or by another University process.  Regardless of the process applied, OIE will take reasonable and appropriate supportive and responsive measures to address prohibited conduct under this Policy.

 

In some instances where the accused party (the “respondent”) is not a student, staff member, faculty member, trainee or resident, some or all of the procedures outlined herein may not apply.  In other instances, the University may determine that some or all of the procedures outlined herein should be applied to third parties (e.g., visitors; volunteers; vendors and contractors while on University property, participating in a University sponsored activity, or providing or receiving services to or from the University; applicants for admission to or employment with the University; and former affiliates of the University). Regardless, OIE will take reasonable and appropriate supportive and responsive measures to address prohibited conduct under this Policy.

 

Fundamental to the University’s purpose is the free and open exchange of ideas.  It is not, therefore, the University’s purpose in promulgating this Policy to inhibit free speech or the free communication of ideas by members of the academic community.

 

The University may amend this Policy and these Procedures from time to time.  Further, the Title IX Coordinator, in consultation with the General Counsel, may from time to time make revisions and updates to this Policy and these Procedures to comply with applicable laws, regulations, and governmental guidance and any amendments thereto. Nothing in this Policy and these Procedures shall affect the inherent authority of the University to take such actions as it deems appropriate to further the educational mission of the University or to protect the safety and security of the University community.

 

Questions regarding this Policy and these Procedures and any questions concerning Title IX should be referred to Joy Gaslevic, JD, Assistant Vice Provost & Title IX Coordinator and/or Linda Boyd, JD, Deputy Title IX Coordinator:

 

The Johns Hopkins University
Office of Institutional Equity
Wyman Park Building, Suite 515
3400 North Charles Street
Baltimore, MD 21218
Telephone: (410) 516-8075
TTY: Dial 711
E-mail: titleixcoordinator@jhu.edu

 

Section II

Prohibited Conduct

 

The University prohibits sexual misconduct, as defined below.  The University also prohibits any form of retaliation, intimidation, threats, coercion, or discrimination or attempts thereof, whether direct or indirect, and including via online communications and activities such as social media, by any officer, employee, faculty, student, trainee, post-doctoral fellow, resident, or agent of the University against a person because that person made a complaint or report of sexual misconduct or participated in any way in the investigation or resolution of such a complaint or report, or who exercises their rights or responsibilities under the Policy, these Procedures, or the law.

 

Thus, sexual misconduct and retaliation are violations of this Policy, and the Procedures set forth in Appendices G and H apply to the investigation and resolution of reports and complaints of violations as set forth herein.  Any person with a concern or complaint about a violation of this Policy is urged to contact the Title IX Coordinator.  Each member of the community is responsible for fostering mutual respect, for being familiar with this Policy, and for refraining from conduct that violates this Policy.

 

The University prohibits filing complaints or reports of sexual misconduct or retaliation that the complainant knows to be false.

 

The University will take appropriate remedial action in response to violations of this Policy, up to and including expulsion and/or termination.

 

Conduct that is not considered sexual misconduct under the definitions in this Policy may nevertheless be inappropriate or unacceptable within the JHU community.  When appropriate, OIE will report such conduct to the relevant internal University department or authority such as Human Resources, Student Affairs, or the relevant department or dean to determine and implement appropriate responsive action.

 

Some Other Forms of Prohibited Misconduct

  • The University’s Discrimination and Harassment Policy and Procedures ("DHPP") apply to complaints of disparate treatment based on sex or gender and discrimination or harassment based on marital status, pregnancy, race, color, ethnicity, national origin, immigration status, age, disability, religion, sexual orientation, gender identity or expression, military status, veteran status or other legally protected characteristic.  For complaints involving both allegations under the Sexual Misconduct Policy and Procedures as well as the Discrimination and Harassment Policy and Procedures, the Vice Provost for Institutional Equity and the Title IX Coordinator will determine the appropriate procedures to be applied to the non-SMPP allegations, which may be the procedures specified in the DHPP, the Procedures for Title IX Sexual Harassment, or the Procedures for Other Sexual Misconduct.
  • The Student Conduct Code applies to undergraduate and graduate students and sets forth various forms of prohibited conduct.[2] If the facts surrounding a report of sexual misconduct also involve alleged violations of the Student Conduct Code, the Title IX Coordinator or a designee may investigate such alleged violations of the Student Conduct Code or refer them to the appropriate authority, such as Student Conduct.
  • The University’s Personal Relationships Policy focuses on the conflict of interest that may exist when individuals simultaneously engage in both personal and professional relationships in which one individual has the potential to exert substantial academic or professional influence over the other.  The Personal Relationships Policy only covers consensual and familial relationships.  In the event that a personal relationship involves alleged sexual misconduct, the Sexual Misconduct Policy and Procedures will apply. 

 

Section III

Definitions

 

Anonymous Reports: Reports of sexual misconduct filed with the University, including the Title IX Coordinator or the University’s Office of Institutional Equity (“OIE”), may be filed anonymously, meaning that the reporter files the report without identifying themself. 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. See Section IV of this Policy for anonymous reporting options.

 

Complainant: The term “complainant” refers to an individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment or Other Sexual Misconduct, whether reported by the alleged victim or a third party.

 

Confidential Resources: A “Confidential Resource” is a formal University designation given to certain University employees who and departments that are exempt from any Responsible Employee obligations under this Policy. Confidential Resources are not required 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. Confidential Resources designated by the University include the Sexual Assault Helpline, the Gender Violence Prevention & Education Specialist, providers and staff at the Johns Hopkins Counseling Center, the Johns Hopkins Student Assistance Program, the Faculty and Staff Assistance Program, University Mental Health Services, student health centers operated by the University, as well as chaplains and staff at the Bunting Meyerhoff Interfaith and Community Center.  Confidential Resources serve in that role at all times regardless of setting or specific activity.  For a list of both JHU and off-campus Confidential Resources, see Appendix B.  Confidential Resources are not Responsible Employees (defined below).  All resources not specifically designated as Confidential Resources are considered non-confidential. If you have any question about whether you are a Confidential Resource or whether someone you would like to speak to is a Confidential Resource, please contact the Title IX Coordinator or Office of Institutional Equity for clarification.

 

Consent: Sexual activity of any kind requires “consent,” which consists of the following:

 

·         Consent means clear and voluntary agreement between participants to engage in the specific act.

·         Consent requires a clear “yes,” verbal or otherwise; it cannot be inferred from the absence of a “no.” 

·         Consent cannot be obtained from someone who is unconscious, asleep, physically helpless, or incapacitated (including, but not limited to, mentally incapacitated). A person is incapacitated when they are unable to make a rational decision because the person lacks the ability to understand their decision. A person who is incapacitated is unable to consent to sexual activity. A person can become incapacitated as a result of physical or mental disability, involuntary physical constraint, being asleep or unconscious, or consumption of alcohol or other drugs. A person can consume alcohol and/or drugs without becoming incapacitated. A person who engages in sexual activity with someone that person knows or reasonably should know is incapacitated does not have consent and will be found responsible for a Policy violation. 

·         Consent cannot be obtained by pressure, threats, coercion or force of any kind, whether mental or physical. Consent means actually agreeing to the specific sexual activity, rather than merely submitting as a result of pressure, threats, coercion or force of any kind, whether mental or physical.

·         Consent cannot be obtained from an individual who is under the legal age of consent.

·         Consent must be ongoing throughout a sexual encounter and can be revoked at any time.

·         Consent to some sexual acts does not necessarily imply consent to others.

·         Past consent does not mean ongoing or future consent.

·         Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.

 

Dating Violence:[3] The term “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 victim.  The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of:  the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse, but excludes acts covered under domestic violence.

 

Discrimination: The term “discrimination” means treating a member of the community unfavorably because that person is a member of a protected class. The University prohibits discrimination on the basis of: race, color, national origin, immigration status, ethnicity, age, disability, religion, sex, gender, pregnancy, military status, veteran status, marital status, sexual orientation, gender identity or expression, genetic information, or other legally protected characteristics. For further information, see the University Statement on Equal Opportunity and Discrimination and Harassment Policy and Procedures.

 

Domestic Violence:[4] The term “domestic violence” means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from the person’s acts under the domestic or family violence laws of the jurisdiction receiving grant monies. Domestic violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

 

Formal Complaint: The term “Formal Complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging Title IX Sexual Harassment 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 online form, as provided below. A “document filed by a complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the university) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the Formal Complaint.

 

Interim Supportive Measures: The term “interim supportive measures” means non-disciplinary, non punitive individualized services offered as appropriate and reasonably available, and without fee or charge to the complainant, respondent or other individuals involved in a matter, before or after the filing of any type of Title IX Sexual Harassment or Other Sexual Misconduct report or complaint. Such measures are designed to restore or preserve equal access to a university program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter Title IX Sexual Harassment or Other Sexual Misconduct.  For examples of interim supportive measures, see Section VII below. To discuss or request interim supportive measures, please contact the Title IX Coordinator or Deputy Title IX Coordinator.

 

Non-Title IX Hostile Environment: A “non-Title IX hostile environment” results from unwelcome sexual or sex-based conduct that does not meet the definition of Title IX Sexual Harassment but is so severe, pervasive, or persistent that it unreasonably interferes with, limits, or deprives a member of the community of the ability to participate in or to receive benefits, services, or opportunities from the University’s education or employment programs and/or activities. A non-Title IX hostile environment can be the result of acts committed by any individual or individuals, including any member of the University community. To assess whether the alleged conduct has created a hostile environment under this definition, the University considers all relevant evidence, weighs a variety of factors, and evaluates the conduct at issue from both a subjective and objective perspective.

 

Non-Title IX Gender-Based Harassment: The term “non-Title IX gender-based harassment,” whether between people of different genders, or the same genders, includes, but is not limited to, conduct that does not meet the definition of Title IX Sexual Harassment but otherwise constitutes unwelcome conduct based on gender that creates a non-Title IX hostile environment. Non-Title IX Gender-Based Harassment does not include unwelcome conduct of a sexual nature, which is considered non-Title IX Sexual Harassment.

 

Non-Title IX Sexual Harassment: The term "non-Title IX sexual harassment," whether between people of different sexes or the same sex, includes, but is not limited to, conduct that does not meet the definition of Title IX Sexual Harassment but otherwise constitutes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, electronic or physical conduct of a sexual nature when:

 

·         The respondent is a non-employee and submission to such conduct is implicitly or explicitly a term or condition of an individuals's participation in an educational program or activity;

·         The respondent is a non-employee and submission to or rejection of such conduct by an individual is used as the basis for academic decisions, evaluation or advancement; or

·         Such conduct creates a non-Title IX hostile environment ("non-Title IX hostile environment").

 

Examples of such conduct that may, depending on the facts and circumstances, constitute non-Title IX sexual harassment include, but are not limited to: making comments about someone's appearance in a sexually suggestive way; staring at someone or making obscene gestures or noises; repeatedly asking someone on a date; "flashing" or exposing body parts; sexual coercion; intentional sexual in nature touching that does not meet the definition of Title IX Sexual Harassment; disrobing, spreading sexual rumors; rating peers or colleagues with respect to sexual performance; non-consensual observation, photographing, or recording of sexual activity or nudity; non-consensual distribution or dissemination of photographs or recording of sexual activity or nudity, including distribution or dissemination of photographs or recordings that were made consensually; allowing a third party to observe a sexual activity without the consent of all parties; and prostituting or trafficking another person. In evaluating allegations of sexual harassment, the University considers all relevant evidence, weighs a variety of factors, and evaluates the conduct at issue from both a subjective and objective perspective. These conduct examples may constitute Title IX Sexual Harassment if they are accompanied by additional facts and circumstances that bring them within the definition of Title IX (e.g., the conduct occurred within the University's education program or activity and other criteria described in Section IX are satisfied.)

 

Non-Title IX Stalking: The term “non-Title IX stalking” means conduct that is not sex-based but still constitutes engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others, or suffer substantial emotional distress.  For purposes of this definition, course of conduct means two or more acts, including, but not limited to, acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates with another person, or interferes with that person’s property.

 

Other Sexual Misconduct: The term “Other Sexual Misconduct” includes all sexual misconduct that is not considered “Title IX Sexual Harassment.”  This includes non-Title IX sexual harassment, non-Title IX gender-based harassment, and non-Title IX stalking.  It also includes sexual assault, stalking, dating violence and domestic violence that does meet all of the jurisdictional requirements to be considered under the “Procedures for Title IX Sexual Harassment,” for example if the conduct occurred outside of the United States.

 

Preponderance of the Evidence: A “preponderance of the evidence” means it is more likely than not that a policy violation occurred (or did not occur) based on the evidentiary record.

 

Respondent: The term “respondent” refers to an individual who has been reported to be the perpetrator of conduct that could constitute Title IX Sexual Harassment or Other Sexual Misconduct. 

 

Responsible Employee:  Responsible Employee is a designation given to certain University employees who have a duty to report sexual misconduct that they learn of to the University’s Title IX Coordinator.  “Responsible Employees” are designated based on the University’s determination that they have the authority to redress sexual misconduct, have the duty to report sexual misconduct to the Title IX Coordinator, or are employees who a student reasonably believes have such authority or duty. Confidential Resources are not Responsible Employees. Responsible Employees designated by the University include academic administrators, academic advisors, non-confidential employees serving in a supervisory role, department heads and chairs, directors, deans, student affairs staff, Office of Institutional Equity staff, faculty, Human Resources personnel, campus security officers, resident advisors, and athletic coaches. Responsible Employees must promptly report all known relevant information to the Title IX Coordinator, including the name of the complainant, respondent, and any witnesses and any other relevant facts, including the date, time, and location of the misconduct. Faculty who are also licensed medical providers do not have a Responsible Employee obligation when providing patient care where the patient information that constitutes a report of potential sexual misconduct is protected by applicable patient privacy laws. If you have any question about whether you are a Responsible Employee or questions regarding your Responsible Employee duties, please promptly contact the Title IX Coordinator or the Office of Institutional Equity for clarification.

 

Relationship Violence: The term “relationship violence” means dating violence and domestic violence.

           

Retaliation: The term “retaliation” means intimidating, threatening, coercing, harassing, taking adverse employment or educational action against, otherwise discriminating against an individual in any way, and/or interfering with any right or privilege secured by Title IX or its implementing regulations, including through online communications and activities such as social media, because the individual made a report or complaint under this Policy or these Procedures, participated in any way in the investigation or resolution of such a report or complaint, opposed conduct that they reasonably believed to be prohibited under this Policy, these Procedures, or applicable law regarding discrimination or harassment, or exercised any right or responsibility under this Policy or these Procedures.  Retaliation includes conduct that is reasonably likely to deter an individual from making a complaint or report under this Policy or from participating in the investigation or resolution of a complaint or report, or from opposing conduct that they reasonably believe to be prohibited under this Policy, these Procedures, or applicable law regarding discrimination or harassment.

 

Sexual Assault: The term “sexual assault” includes the following actual or attempted acts:

 

·         Rape (except Statutory Rape): The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

·         Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.

·         Sodomy: Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

·         Sexual Assault With An Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. This includes digital penetration.

·         Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

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

 

Sexual Misconduct: The term “sexual misconduct” refers to both "Title IX Sexual Harassment" and "Other Sexual Misconduct."

 

Title IX Sexual Harassment: The term “Title IX Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:

·         An employee conditioning educational benefits on participation in unwelcome sexual conduct (quid pro quo);

·         Unwelcome conduct that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies a person equal access to the educational institution's education program or activity; and/or

·         Sexual Assault, Dating Violence, Domestic Violence, or Title IX Stalking. 

 

Even when alleged conduct falls under this definition of “Title IX Sexual Harassment,” additional criteria must be met to trigger the application of the Procedures for Title IX Sexual Harassment.  To determine which procedures apply, OIE will perform further assessment, as described in Section VIII.

 

Title IX Stalking: The term “Title IX stalking” means, on the basis of sex, engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others, or suffer substantial emotional distress.  For purposes of this definition, course of conduct means two or more acts, including, but not limited to, acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates with another person, or interferes with that person’s property.

 

Section IV

Reporting Sexual Misconduct

 

Reporting to the University: Reports of sexual misconduct and retaliation may be brought to the Assistant Vice Provost/Title IX Coordinator, Joy Gaslevic, or the Deputy Title IX Coordinator, Linda Boyd:

 

The Johns Hopkins University
Office of Institutional Equity
Wyman Park Building, Suite 515 3400 North Charles Street Baltimore, MD 21218
Telephone: (410) 516-8075
TTY: Dial 711
E-mail: titleixcoordinator@jhu.edu

 

Online complaint submissions: Sexual Assault Response and Prevention Online Complaint Form

 

Report versus Formal Complaints: The University will respond to all reports of sexual misconduct. A Formal Complaint is a specific type of report that may result in the use of the Procedures for Title IX Sexual Harassment.  If you want to file a Formal Complaint of Title IX Sexual Harassment, submit your written report describing the allegations and specifically requesting an investigation, and sign this written report. Please know that you can submit a report and then later decide to file a Formal Complaint. Formal Complaints can be submitted electronically (e-mail) or in hard copy.  You may, but are not required to, use this form to file a Formal Complaint.

 

Anonymous Reports: Reports may be made anonymously using any of the reporting options above. To make an anonymous report by any method above, do not provide any personally identifiable information (such as name, University email, personal e-mail that discloses your name, University phone number) when making the report.

 

Reporting to Law Enforcement: In an emergency, contact 911 to reach local law enforcement. A listing of campus security and local law enforcement contact information is available in Appendix A. Campus Safety and Security or the Title IX Coordinator can also provide assistance with contacting local law enforcement.

 

Speaking with Confidential Resources:  If a complainant does not wish to make a report or complaint to the University, the complainant may contact a Confidential Resource, which includes the JHU Sexual Assault Helpline (students may talk with an on-call counselor 24/7, Telephone: (410) 516-7333). See Appendix B for a list of other Confidential Resources, both on and off-campus.

 

1.                   The Office of Institutional Equity and the Title IX Coordinator

 

The University’s Office of Institutional Equity (“OIE”) is tasked with receiving and handling complaints of sexual misconduct. OIE is a neutral resource available to all students, faculty, and staff.

 

The Vice Provost for Institutional Equity (the “Vice Provost”) oversees OIE.

 

The University’s Title IX Coordinator works within OIE and coordinates the University’s efforts to comply with laws governing sexual misconduct, including Title IX; oversees related policies and procedures; explains the operation of the complaint resolution process; ensures that the University responds appropriately to complaints of sexual misconduct and retaliation; coordinates training related to Title IX; and provides or oversees the provision of information to members of the University community, including the complainant and the respondent, concerning Title IX and this Policy and its Procedures, the availability of confidential and other resources, interim supportive measures, and how to file a complaint with law enforcement authorities.

 

The Title IX Coordinator also coordinates, oversees, or conducts the investigation of sexual misconduct and retaliation complaints. No employee or student is authorized to investigate or resolve such complaints without the express direction of the Title IX Coordinator. If an employee or student is unsure whether the conduct at issue involves sexual misconduct, they should contact the Title IX Coordinator.

 

2.                   Reports of Sexual Misconduct

 

The University encourages students, faculty, staff, and other members of the community to report sexual misconduct, and to do so as promptly as possible, so that the University can respond effectively. Individuals are encouraged to file reports of sexual misconduct directly with the Title IX Coordinator. Anyone may meet with the Title IX Coordinator or a designee to learn more about the process before making a report or Formal Complaint.  Reports of sexual misconduct may be filed anonymously, meaning that the individual files the report without identifying themself. Note that Responsible Employees (discussed below) who receive reports or otherwise become aware of sexual misconduct are required to promptly report this misconduct to the Title IX Coordinator.

 

A complainant may ask the Title IX Coordinator not to conduct an investigation. The University respects the autonomy of complainants and will provide complainants with the information and support they need to make a determination about whether they would prefer that an investigation be conducted. If a complainant requests that no investigation be conducted, the Title IX Coordinator will independently determine whether to investigate the allegations, weighing the complainant’s interest in confidentiality against any risk that not investigating the incident may contribute to a hostile environment or pose a threat to the safety and security of the University community.

 

Anonymous reporters are encouraged to speak with the Title IX Coordinator or an investigator so as to understand the potential limitations of an investigation being conducted based on an anonymous report. JHU will review anonymous reports to determine whether preventive or remedial action should be taken, such as prevention or educational programs, or increased safety patrols or monitoring.

 

Because sexual misconduct often involves behaviors or interactions that are not witnessed by third parties, reports cannot always be corroborated by additional evidence. The lack of such evidence should not dissuade someone from reporting sexual misconduct.

 

If a complainant is under the age of 18 (i.e., a minor), the complainant’s parent or legal guardian may be informed of any report of sexual misconduct made by or on behalf of the complainant. Parental or guardian requests on behalf of a minor that a complaint be kept confidential or that an investigation not proceed will be handled in the same manner as such requests by a complainant over the age of 18. As appropriate, the parent or legal guardian may also be informed of the status of any investigation or resolution of the matter. Matters involving minors will also be addressed pursuant to the University’s Policy on the Safety of Children in University Programs, as well as applicable law.

 

When a third party (e.g., a faculty member, resident advisor, friend, or roommate) reports a sexual misconduct incident, the Title IX Coordinator or a designee will promptly notify the complainant that a report has been received, and these Procedures will apply in the same manner as if the complainant had made the initial report.

 

Upon receiving a report of sexual misconduct, whether from a third party or directly from the complainant, the Title IX Coordinator or a designee will discuss available options, interim supportive measures, and on- and off-campus resources with the complainant. If we receive an anonymous report, the Title IX Coordinator or designee will provide the above information if the anonymous reporter has provided a way for us to send the same.

 

If a respondent is not a member of the University community or the respondent’s identity is not known, the University will still make efforts to assess the alleged misconduct, prevent its recurrence, and address its effects. The Title IX Coordinator or designee will also assist complainants in identifying appropriate campus and external resources.

 

The University does not limit the time for submitting a report of sexual misconduct and encourages all reports irrespective of when the underlying incident occurred. The University’s ability to investigate and respond effectively may be reduced with the passage of time.

 

3.                   Notice of Rights & Interim Supportive Measures

 

Upon receiving a report of sexual misconduct, the University will provide the complainant with a written explanation of their rights, options, and responsibilities and the resources available to assist the complainant, including notifying the complainant of the Sexual Misconduct Policy and Procedures.  The Title IX Coordinator or designee will promptly contact the complainant to discuss the availability of interim supportive measures (regardless of whether a Formal Complaint is filed), the complainant’s wishes with respect to supportive measures, and the process for filing a Formal Complaint.

 

4.                   Maintenance of Records

 

The University will maintain a record of all reports of sexual misconduct and related evidence, documents, records, and information pertaining to the investigation and resolution of Formal Complaints. The University will also maintain a record of supportive measures offered to complainants and respondents and all training materials related to the Policy. These records will be maintained in accordance with applicable policies, procedures, and legal requirements. This information will be used by the Title IX Coordinator to help determine whether multiple complaints have been made against the same individual and to document the incidence and any patterns of sexual misconduct in the University community.

 

5.                   Amnesty Provisions for Students

 

Sometimes individuals may be reluctant to report instances of sexual misconduct because they fear being charged with violations of other University policies, including those regarding alcohol or drugs. The University encourages students to report all instances of sexual misconduct. The University will not impose disciplinary action, except for a mandatory intervention for substance abuse, for a violation of alcohol or drug policies for a student who reports to the University or law enforcement an incidence of sexual misconduct or who participates in an investigation of sexual misconduct as a witness if:  (1) the University determines the violation occurred during or near the time of the alleged sexual misconduct; (2) the student is determined to have made the report of sexual misconduct or is participating in an investigation as a witness in good faith; and (3) the University determines that the violation was not an act that was reasonably likely to place the health or safety of another individual at risk.

 

6.                    Reporting to Law Enforcement or Government Agencies

 

Depending on the facts and circumstances, sexual misconduct may involve criminal activity.  The University encourages students, faculty, staff, and other members of its community to report any potential criminal conduct to law enforcement authorities, and the University may do so in exceptional circumstances such as a health or safety emergency.

 

The University has campus security officers who are specially trained to work with individuals reporting sexual misconduct. Upon request, Campus Safety and Security or the Title IX Coordinator or a designee will provide assistance to an individual wishing to contact law enforcement, including those seeking to obtain orders of protection, peace orders, civil no-contact orders, restraining orders, or similar orders issued by a criminal or civil court. The University will notify complainants of the availability of this assistance. Contact information for Campus Safety and Security and local law enforcement is available at Appendix A.

 

Reporting an incident to law enforcement authorities does not preclude filing a report or complaint with the University. Individuals may file a report or complaint of sexual misconduct under this Policy before, after, or simultaneously with reporting an incident to law enforcement, or if no report is made to law enforcement at all. Whether or not an incident results in a criminal investigation, prosecution, or conviction, the University will decide, pursuant to these Procedures, whether the respondent has violated the Policy and, if so, the appropriate sanctions to impose.

 

7.                    Clery Reporting Obligations

 

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”) requires the University to record and report certain information about certain crimes (including certain sexual misconduct incidents) that occur on or near campus. Certain University employees who are designated as Campus Safety Authorities (CSAs) and who receive reports of certain types of sexual misconduct are required by the Clery Act and the University to notify Campus Safety and Security about such incidents for statistical reporting purposes. The University reports crimes as required by the Clery Act in its Campus Crime Blotter, Clery Crime Log, and Annual Security and Fire Safety Report available online on the Campus Safety and Security website. The Clery Act also requires the University to issue a “timely warning” when it receives a report of certain crimes that pose a serious or continuing threat to the safety of the campus community. Campus Safety and Security will issue timely warnings in accordance with the University’s Timely Warning Policy. Personally identifiable information about complainants will not be included in any timely warning or security notification, or in any publicly available record-keeping, including the disclosure of crime statistics in the Annual Security and Fire Safety Report.

 

8.                    Other Reporting Options

 

Inquiries or complaints concerning the application of Title IX or the University’s handling of sexual misconduct reports may be referred to the Department of Education’s Office for Civil Rights. Employee reports may also be referred to the U.S. Equal Employment Opportunity Commission, the Maryland Commission on Civil Rights (for Maryland employees), or the District of Columbia Office of Human Rights (for Washington, D.C. employees). Contact information is located in Appendix D. In addition, participants in programs funded by other federal agencies may also file a complaint directly with those agencies.

 

Section V

Obligations of University Employees

 

All Responsible Employees who receive reports or otherwise become aware of sexual misconduct or retaliation are required to promptly report such misconduct to the Title IX Coordinator.

 

Responsible Employees must report all known relevant information to the Title IX Coordinator, including the names of the complainant, respondent, and any witnesses and any other relevant facts, including the date, time, and location of the misconduct. Confidential Resources are exempt from the above reporting requirement.

 

All University personnel, including Responsible Employees and Confidential Resources, are required to protect the privacy of complainants, respondents, and any witnesses to the greatest extent possible. Information about sexual misconduct should be shared only with those who have a need to know such information. University personnel must participate in training on issues of sexual misconduct.

 

No employee is authorized to investigate or resolve sexual misconduct reports or complaints without the express direction of the Title IX Coordinator. If any Responsible Employee has question about their designation as a Responsible Employee or duties, please contact the Title IX Coordinator.

 

Section VI

Confidentiality and Confidential Resources

 

If an individual desires to keep the details of any sexual misconduct incident confidential, the individual may speak to a Confidential Resource, (listed in Appendix B). Information shared with Confidential Resources does not constitute a report or complaint filed with the University for the purpose of instituting an investigation or resolution of a sexual misconduct complaint.

 

In the case of a report to a Responsible Employee or the Title IX Coordinator, a complainant may request confidentiality at any point up to the filing of a Formal Complaint under the Title IX Sexual Harassment Procedures or the initiating of an investigation under the Other Sexual Misconduct Procedures. For example, the complainant may ask that 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.[5] 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 the complainant or the Title IX Coordinator files a Formal Complaint of Title IX Sexual Harassment, written notice of the complaint will be provided to both parties and will include the identity of the complainant. Written notice will also be provided to parties in Other Sexual Misconduct investigations. 

 

In all circumstances, the University will make appropriate interim supportive measures available, provide access to resources, and take such other actions as necessary and appropriate to protect the safety and security of the parties and the University community. 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 offense.

 

Section VII

Interim Supportive Measures

 

Every time that OIE receives a report of sexual misconduct of any kind, and regardless of how the report proceeds, the Title IX Coordinator will work with all affected persons to ensure their safety and promote their well-being. This assistance may include the provision of interim supportive measures following an incident or while a matter under these Procedures is pending to assist, support, or protect an individual and/or to protect the integrity of an investigation or resolution process. Both complainants and respondents will have equal access to appropriate and reasonably available and feasible interim supportive measures.

 

Upon receipt of a report, the Title IX Coordinator or a designee will provide written notice to the complainant of the interim supportive measures that may be available and feasible and will seek to discuss with the complainant these measures and the complainant's wishes. Similar notice will be provided to the respondent upon being notified of the complaint or report. Interim supportive measures are afforded whether or not the complainant reports the matter to Campus Safety and Security or law enforcement, or files a complaint with the University.

 

Interim supportive measures will be implemented by the student affairs office or other appropriate authority at the individual’s school, division, campus, department, or center, under the direction of the Title IX Coordinator. Student affairs personnel or other appropriate authorities, in conjunction with the Title IX Coordinator, will communicate with other University personnel to ensure that they make appropriate interim measures available. The University will exercise discretion in implementing interim supportive measures and will only disclose information if necessary to implement such measures. All disclosures will be compliant with federal privacy laws protecting student information.

 

Interim Supportive Measures 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;

·         Assistance connecting with 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.

 

An interim suspension/emergency removal will be issued only after the University undertakes an individualized safety and risk analysis and determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual misconduct justifies removal. For more information about interim suspension procedures for student misconduct cases, please read the University’s Interim Suspension Procedures

 

Violations of no contact orders and failures to comply with other interim directives may result in disciplinary action pursuant to the student conduct code or relevant divisional policy for faculty and staff. All reported violations of "no contact" orders and other similar directives will be assessed to determine whether additional misconduct charges are warranted.

 

Section VIII

General Procedures Applicable to All Sexual Misconduct Reports

 

1.       Communications During Sexual Misconduct Cases

 

Complainants and respondents are expected to check their official University email on a regular basis throughout any complaint investigation and resolution process. University email is the primary way in which complainants and respondents will receive communications from the Title IX Coordinator, the Office of Institutional Equity, and (where applicable) from those involved in the resolution panel process.

 

2.       Supporters (for both Title IX Sexual Harassment and 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 and attend any meeting, interview or hearing held pursuant to this Policy, except where noted below for Title IX Sexual Harassment hearings.

·         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 (except where noted below for Title IX Sexual Harassment hearings).

·         The supporter(s) may make written submissions on their party’s behalf.

 

University personnel employed in the offices responsible for disciplinary proceedings described in these Procedures, along with those in the chain of command above them, personnel employed by the Office of General Counsel, and others whose participation could create a conflict of interest and/or reasonable call into question the impartiality of the University's process are not eligible to serve as supporters. If there is a question or concern about a possible supporter, please consult with the Title IX Coordinator. 

 

Both the complainant and the respondent and any supporters will have access to a neutral staff member within the University to explain and answer any questions about the disciplinary process.

 

*Hearing Advisors:  In Title IX Sexual Harassment investigations, both the complainant and respondent are entitled to a Hearing Advisor in the event of 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 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.  A live hearing may take place either in person or virtually.  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.

 

*Attorneys for Student Sexual Assault Matters:  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 through the Maryland Higher Education Commission:

 

Maryland law (Education Article section 11-601) provides that a party (whether the complainant or respondent) who would like to be assisted by legal counsel during an investigation under this Policy is permitted to access counsel paid for by the Maryland Higher Education Commission (“MHEC”) if:

(1) the party is a current or former student;

(2) the party makes or responds to a complaint alleging an incident of sexual assault;

(3) the party was enrolled as a student at the University at the time of the alleged incident of sexual assault; and

(4) the Title IX Coordinates decides to conduct an investigation into the complaint. 

 

Under those circumstances, and assuming funding is available, MHEC is required to pay the reasonable costs and attorney’s fees for students who access legal counsel.  A student who is authorized to access legal counsel paid for by MHEC may select their counsel from a list of attorneys and legal services programs developed by MHEC.  Alternatively, if a student selects and retains an attorney who is not on MHEC’s list, MHEC will pay fees to the attorney selected by the student that are equivalent to those paid to attorneys under civil legal services programs administered by the Maryland Legal Services Corporation.  A student may select and retain legal counsel at any time prior to the conclusion of the investigative and resolution process.  Notwithstanding the foregoing, the complainant and/or the respondent may knowingly and voluntarily choose not to have legal counsel.  JHU is not responsible for the provision of attorneys through MHEC (or any other source) or the payment of any attorneys’ fees, and cannot guarantee that attorneys or funding for attorney’s fees will be available from MHEC. The following MHEC webpage provides more information, including a list of participating attorneys:  https://mhec.maryland.gov/Pages/Title-IX-Campus-Sexual-Assault-Proceedings---Attorney-List.aspx.

 

3.       Time Frames and Updates

 

The University seeks to resolve all sexual misconduct cases as promptly as reasonably possible.  OIE is responsible for the investigation of a complaint, which typically takes approximately 30 - 90 days, and results in OIE providing an investigative report to the appropriate determination panel.

 

Following OIE’s investigation, the determination panel then determines the outcome, including whether the Policy was violated and, if so, any appropriate sanctions.  This post-OIE adjudication process typically takes 30 - 60 days.  Adjudication timelines may be impacted by the factors described below.  In addition, matters being handled under the Title IX Sexual Harassment matters may take longer than those handled under the Procedures for Other Sexual Misconduct due to the requirement of a live hearing with cross-examination.

 

Additional time is needed to process any appeal, as discussed further below and in the procedural appendices.

 

The time frame for informally resolving a sexual misconduct complaint is generally 30-60 days depending upon the availability and engagement of the parties and any supporters.

 

The length of the investigation, adjudication and/or appeal may be impacted by various factors including, but not limited to, the nature and scope of allegations; the number of witnesses; availability of witnesses, parties, party supporters and Hearing Advisors; voluminous documentary evidence; the need for language assistance or accommodation of disabilities; evidence gathering in a concurrent law enforcement investigation; and the academic calendar (e.g., exam periods, breaks).  In addition, for investigation and adjudication pursuant to the Procedures for Title IX Sexual Harassment, the timelines may be impacted by the mandatory 10-day review period for the Evidence File, the mandatory 10-day review period for the investigative report; and by the mandatory live hearing with cross-examination.

 

The Title IX Coordinator (for investigations) and the determination panel or appeal officer (for adjudication and appeals) may extend the above time frames for good cause with written notice to the complainant and respondent. Good cause includes, but is not limited to, the factors listed in the above paragraph.

 

The University will provide the complainant and respondent with periodic updates on the status of the case, as well as timely written notice of scheduled meetings, hearings, and interviews in which they are required or permitted to attend.

 

4.       Evidence and Credibility Determinations

 

All relevant evidence will be objectively evaluated, including both inculpatory and exculpatory evidence.

 

Nothing in this Policy should be interpreted to restrict the parties from discussing the allegations under investigation or from gathering and presenting relevant evidence.  However, retaliation and conduct that has the purpose or effect of interfering with the University’s response to or investigation of a report of sexual misconduct is prohibited and may constitute a violation of this and/or other applicable policies.

 

Evidence and questions that constitute or seek disclosure of information protected under a legally recognized privilege will not be required, allowed, relied upon, or otherwise used, unless the person holding such privilege has waived the privilege.

 

Credibility determinations may not be based on a person’s status as a complainant, respondent, or witness.

 

5.       Presumption that the Respondent is Not Responsible Pending the Determination Regarding Responsibility 

 

The investigation and adjudication process determines whether the preponderance of the evidence supports a determination that the respondent is responsible for the alleged misconduct.  Until and unless the determination panel or Appeal Officer issues a final determination of responsibility, the respondent is presumed to be not responsible.

 

6.       Conflicts of Interest 

 

All persons participating in the investigation or resolution (including informal resolution, hearing, sanctioning and appeals) of sexual misconduct cases may not have a conflict of interest or bias for or against complainants or respondents generally or for or against an individual complainant or respondent.  This includes the Title IX Coordinator, investigator(s), members of the determination panel, Appeal Official, and any person who facilitates an informal resolution process.  All such individuals should disclose any potential or actual conflict of interest to the Title IX Coordinator. The Title IX Coordinator is responsible for sharing relevant information with the complainant and respondent.

 

If either party believes that any person involved in the process has a conflict of interest, they may make a request to the Title IX Coordinator that the individual not participate. Any such request should include a description of the alleged conflict. If the Title IX Coordinator determines that a disabling conflict of interest exists, the Title IX Coordinator will take steps to address the conflict in order to ensure an impartial process.

 

7.       Training for Officials Conducting the Investigation and Hearings 

 

The Title IX Coordinator, investigator(s), members of the determination panel, Appeal Officials, and any person who facilitates an informal resolution process will, at a minimum, receive all required and applicable training on issues including, but not limited to, definitions of and related to sexual misconduct, how to conduct an investigation and grievance process, determinations of relevance, how to facilitate informal resolutions, and how to identify conflicts of interest and bias.

 

Section IX

Assessment to Determine Appropriate Procedures

 

When the Title IX Coordinator receives a complaint or report of sexual misconduct, the Title IX Coordinator determines whether the appropriate procedures for resolution are:

 

(1) Procedures for Title IX Sexual Harassment; or

(2) Procedures for Other Sexual Misconduct [6]

 

This assessment involves considering the federally-mandated criteria for Title IX Sexual Harassment grievance procedures:

 

·         Does some or all of the alleged conduct, if found to have occurred as alleged, constitute Title IX Sexual Harassment?

·         Did the alleged conduct occur within the United States?

·         Did the alleged conduct occur in the University’s education program or activity?[7]

·         Has the University received a Formal Complaint?

·         At the time of filing a Formal Complaint signed by the Complaint, was the complainant participating in or attempting to participate in an education program or activity of the university?

 

If all of the above questions are answered in the affirmative, the Procedures for Title IX Sexual Harassment will apply as set forth in Appendix G.[8]

 

However, if one or more of the above questions is answered in the negative, the Title IX Coordinator will apply the Procedures for Other Sexual Misconduct as set forth in Appendix H.  Reports of retaliation will be generally be handled under the Procedures for Other Sexual Misconduct.

 

In some cases, the Title IX Coordinator may need to engage in limited fact-gathering to make this preliminary assessment.

 

In the event that the University already has received a Formal Complaint, but upon assessment, determines that one or more of the other above criteria for Title IX Sexual Harassment is not met, both parties will be notified, simultaneously and in writing, that the Formal Complaint will not proceed under the Procedures for Title IX Sexual Harassment.  The written communication will further explain whether OIE will address the allegations under the Procedures for Other Sexual Misconduct or refer for handling by the appropriate division under other applicable policies and procedures.  A decision not to pursue a Formal Complaint under the Procedures for Title IX Sexual Harassment is subject to appeal in some circumstances, as described in Appendix G, Section H.

 

Section X

Medical Treatment and Preservation of Evidence

 

Victims of sexual assault, stalking, and relationship violence are encouraged to seek medical attention in order to treat injuries, test for and treat sexually transmitted infections, test for pregnancy, and access emergency contraception, as needed. Obtaining medical attention from a forensic nurse examiner is recommended, as this medical professional can both administer medical services and conduct a medical forensic examination. In circumstances of sexual assault, stalking and relationship violence where the victim does not opt for forensic evidence collection, forensic nurse examiners can still treat injuries and take steps to address concerns of pregnancy and sexually transmitted infections.

 

Collection of evidence and provision of prophylactic medications can be time-sensitive. Victims who wish to preserve evidence and/or receive prophylactic medications for pregnancy and sexually transmitted infections are encouraged to seek forensic medical attention as soon as possible after the incident. If a victim chooses not to make a complaint regarding an incident, but thinks that this may be a possibility in the future, the victim should consider speaking with Campus Safety and Security or law enforcement to preserve evidence in the event of a change of mind at a later date.

 

If possible, to best preserve any evidence, a victim should not shower, bathe, wash, douche, brush hair, drink, eat, or change clothes or bedding before a forensic medical exam. If the victim decides to change clothes, the individual should not wash the clothes worn during the assault and should bring them to the hospital or medical facility. However, even if the victim has already done these things, a forensic exam may still be able to collect valuable evidence.  Victims of sexual misconduct are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any.  Such evidence may be useful to University investigators and hearing boards, to law enforcement authorities (e.g., in proving that an alleged criminal offense occurred), and when seeking civil no-contact orders or protection or peace orders.

 

A forensic medical exam by a forensic nurse examiner allows for collection and preservation of evidence that may be necessary to aid in prosecution of sexual assault, stalking and relationship violence, or in obtaining a civil no-contact order or protection or peace order. A forensic exam goes beyond DNA evidence collection, and therefore is important regardless of whether the perpetrator is known to the victim, and regardless of whether the victim thinks there is biological/DNA evidence to collect. The exam can include writing down the victim’s description of events, physical examination, photographic documentation of injuries, evidence collection procedures, and assessment for drug-facilitated assault (“date-rape drugs”). Victims have the right to accept or decline any or all parts of the exam. At some hospitals, a forensic medical exam can be completed regardless of whether a victim wishes to report the incident to law enforcement. Under such circumstances, the victim has the option of conducting a “Jane/Joe Doe” examination, where the forensic nurse examiner completes a history, conducts a physical exam and collects evidence but does not release the information to law enforcement; the medical records and evidentiary kit can be stored and later released to law enforcement if the victim chooses to make a police report.

 

Baltimore’s designated forensic nurse examiner site is Mercy Medical Center, 345 St. Paul Place Baltimore, MD 21202, 410.332.9494. Mercy Medical Center is staffed with forensic nurse examiners trained to assist victims of sexual assault with physical examination, evidence collection, and pursuing a complaint with law enforcement, if a victim so desires (however, engagement with or reporting to law enforcement is not required by Mercy Medical Center). An app called bMOREsafe explains more about victims’ options for medical attention, reporting, forensic examination, and support services.

 

Victims will receive full and prompt cooperation from University personnel in obtaining appropriate medical attention, including transporting the victim to the nearest hospital. Victims reporting an incident to Student Affairs personnel, OIE or Campus Safety and Security will be offered transportation to Mercy Medical Center or another appropriate medical center.  Victims who wish to be transported to Mercy Medical Center or another appropriate medical center and also wish to remain anonymous should call Campus Safety and Security with a transportation request, but should not disclose their name.

 

For a list of hospitals near JHU’s campuses and surrounding areas, please see Appendix F. Victims in other cities should contact the closest local hospital or crisis center, some of which may be available on the Rape, Abuse, Incest National Network website, and inquire about the nearest hospital equipped with forensic nurse examiners/medical forensic services.

 

Although the University encourages all members of its community to report sexual misconduct to law enforcement authorities, victims have the right to decline involvement with law enforcement authorities.  The University’s Title IX Coordinator or Campus Safety and Security will assist any victim with notifying local law enforcement authorities if they so desire. A victim can choose to only make a law enforcement report, only make a University report, do both, or do neither.  The University reserves the right to report information to law enforcement authorities, as it deems appropriate.

 

Section XI

Education and Training

 

Primary and Ongoing Prevention and Awareness Programs

 

The University has a variety of education programs to promote prevention and awareness of sexual misconduct for students and employees. The University offers training on sexual misconduct at orientation for new students and employees, as well as enhanced ongoing prevention and awareness campaigns that address sexual misconduct for students and employees. For information regarding training programs, including online training, contact OIE at: (410) 516-8075, oie@jhu.edu or visit OIE’s website.

 

Bystander Intervention Training (BIT) Programs

 

The University’s education program also includes safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of sexual misconduct against another person. BIT programs help students identify situations of concern, and provide knowledge and tools to encourage safe and successful interventions. If you would like to schedule a BIT program for your student group, please contact OIE at: (410) 516-8075, oie@jhu.edu or visit OIE’s website.

 

Escalation Workshop on Relationship Violence

 

The University offers an escalation workshop on relationship violence. The curriculum incorporates elements of training offered by the One Love Foundation, an organization dedicated to raising awareness about intimate partner violence. During this training, a facilitator guides students through a meaningful discussion about relationship violence, the warning signs of an abusive relationship and how this relates to their lives and their campus. To schedule a session, please contact Alyse Campbell, Gender Violence Prevention & Education Specialist (Center for Health, Education & Wellness), acampb39@jhu.edu; 410-516-8396.

 

Rape Aggression Defense (RAD)

 

The Rape Aggression (“RAD”) system is a program of realistic self-defense tactics and techniques for women offered by Campus Safety and Security. The RAD system is a comprehensive women-only course with the instructional objective of developing and enhancing options for self-defense, so they may become viable considerations to the woman attacked. The program includes crime prevention awareness, risk reduction and avoidance, and basic self-defense techniques. RAD is not a martial arts program and no prior training or knowledge is required to attend the class. Women of all ages and fitness levels can participate in the class. RAD is a twelve (12) hour course consisting of four (4) classes, three (3) hours each. Class size is limited to twenty (20) students and there is no cost to attend. Call (410) 516-4671 to register.

 

 

APPENDIX A

CAMPUS SECURITY AND LOCAL LAW ENFORCEMENT CONTACT INFORMATION

 

  Campus

Agency/Office

 

  Non- Emergency

Emergency

 

Homewood Campus

Campus

 

Campus Safety & Security

410-516-4600

410-516-7777

Baltimore Police Department

410-396-2455

911

The Peabody Institute Campus

Institute

 

Campus Security

410-234-4605

410-234-4600

Baltimore Police Department

410-396-2411

911

East Baltimore Campus

Campus

Campus

Local

Corporate Security

410-614-3473

410-955-5585

Baltimore Police Department

410-396-2433

911

Harbor East Campus

Campus

Campus

Local

Campus Security

410-234-9301

410-234-9300

Baltimore Police Department

410-396-2411

911

Columbia Campus

Center

Campus

Local

Director of Campus Operations

410-516-9700

410-516-9700

Howard County Police Department

410-313-2929

911

Montgomery County Campus

Campus

Local

Campus Security

301-294-7191

301-294-7191

Montgomery County Police

301-279-8000

911

Applied Physics Laboratory (APL)

Campus

Local

Security Services Department

443-778-7575

443-778-7575

Howard County Police Department

410-313-2929

911

Washington DC Campus

Centers

Campus

Local

SAIS Security/Allied Barton

202-663-7796

202-663-7796

Metropolitan Police Department

202-737-4404

911

SAIS Europe, Bologna Campus

Campus

Local

Finance and Administration

+39 051-2917811

+39 051-2917811

State Police

112

112

Hopkins-Nanjing

Center

Campus

Local

American Co-director

86.25.8359.2436

86.25.8359.2436

Nanjing Public Security Bureau

86.25.8442.0009

86.25.8442.0009

        

 

APPENDIX B

CONFIDENTIAL RESOURCES (BOTH JHU & OFF-CAMPUS)

 

JHU CONFIDENTIAL RESOURCES

 

JHU Sexual Assault Helpline – 410-516-7333

A confidential service available 24/7 to ALL JHU students. Receive information, support and discuss options for medical care, counseling and reporting with professional counselors. Calls do NOT constitute making an official report of sexual misconduct to the University. Callers can remain anonymous.

 

JHU Counseling Center – 410-516-8278

Serves all full-time undergraduate & graduate students from KSAS, WSE, & Peabody.

3003 N. Charles Street, Suite S-200

Baltimore, MD 21218

http://jhu.edu/counselingcenter    

 

JHU Student Health and Wellness Center – 410-516-8270

Serves all full-time, part-time & visiting undergraduate & graduate students from KSAS, WSE & Peabody. Serves post-doctoral fellows enrolled in KSAS, WSE, School of Education & Sheridan Libraries.

Homewood Campus

1 East 31st Street, N200

Baltimore, MD 21218

https://studentaffairs.jhu.edu/student-health/    

 

Gender Violence Prevention & Education – 410-516-8396

Alyse Campbell, Gender Violence Prevention & Education Specialist

acampb39@jhu.edu

 

College Chaplains, Bunting Meyerhoff Interfaith and Community Service Center – 410-516-1880

3400 North Charles Street

Baltimore, MD 21218

http://jhu.edu/chaplain

 

Johns Hopkins University Services/Mental Health

Serves BSPH, SOM, and SON students, residents, fellows & trainees & their spouses or domestic partners.

University Health Services (UHS) – 410-955-3250

933 N. Wolfe Street

Baltimore, MD 21205

http://www.hopkinsmedicine.org/uhs

 

Mental Health Services – 410-955-1892

Available by telephone 24/7.

Press “0” to speak with the on-call psychiatrist in an emergency

 

Johns Hopkins Student Assistance Program (JHSAP) – 443-287-7000

Serves graduate, medical &professional students, and immediate family members.

http://jhsap.org

 

Faculty and Staff Assistance Program (FASAP) – 443-997-7000

Serves University faculty & staff & their immediate family members.

http://fasap.org  

 

Both JHSAP and FASAP have offices at these 2 main locations. Additional JHSAP locations include Bayview, Columbia, & Washington, DC.

 

East Baltimore Campus 550

North Broadway

Suites 403, 507 & 510

Baltimore, MD 21205

 

Johns Hopkins @ Eastern

1101 East 33rd Street, Suite C100

Baltimore, MD 21218

 

OFF CAMPUS CONFIDENTIAL RESOURCES

 

Mercy Medical Center (Hospital offering Sexual Assault Forensic Exam (SAFE) in Baltimore City)

410-332-9494

www.bmoresafemercy.org  

 

GBMC (Hospital offering Sexual Assault Forensic Exam (SAFE) in Baltimore County)

443-849-3323

http://www.gbmc.org/safe  

 

Howard County General Hospital (Hospital offering Sexual Assault Forensic Exam (SAFE) in Howard County)

410-740-7890

http://www.hopkinsmedicine.org/howard_county_general_hospital/  

 

Shady Grove Adventist Hospital (Hospital offering Sexual Assault Forensic Exam (SAFE) in Montgomery County)

240-826-6000

http://www.adventisthealthcare.com/locations/shady-grove-medical-center  

(See Appendix F for other hospitals with SAFE programs)

 

RAPE CRISIS RECOVERY CENTERS

 

Turnaround (Serves Baltimore City & Baltimore County)

Hotline: 443- 279-0379

http://www.turnaroundinc.org 

 

HopeWorks (Serves Howard County)

Hotline: 410-997-2272

www.wearehopeworks.org

 

Victim Assistance & Sexual Assault Program (Serves Montgomery County)

Hotline: 240-777-4357

www.vasap.org  

 

DC Rape Crisis Center (Serves the Washington DC Metro Area)

Hotline: 202-333-RAPE

www.dcrcc.org   

 

OTHER CONFIDENTIAL RESOURCES

 

RAINN (Rape, Abuse, and Incest National Network)

https://rainn.org   

 

MCASA: Maryland Coalition Against Sexual Assault

(Website provides a complete listing of SAFE Programs and Rape Crisis and Recovery Centers in Maryland)

http://www.mcasa.org   

 

SALI: Sexual Assault Legal Institute

(Provides direct legal services for victims and survivors of sexual assault)

http://www.mcasa.org/law-public-policy/legal-services-sali/  

 

National Sexual Assault Hotline

Toll Free: 1-800-656-4673

 

House of Ruth (Comprehensive services for victims of intimate partner violence)

Hotline: 410-889-7884

http://www.hruth.org/   

 

National Domestic Violence Hotline

Hotline: 1-800-799-7233

http://www.thehotline.org

 

Maryland Network Against Domestic Violence

Telephone: 301-429-3601  

http://mnadv.org/   

 

Sexual Assault/Spouse Abuse Resource Center (SARC)

Hotline: (410) 836-8430

https://www.sarc-maryland.org/   

 

OneLove (Information about intimate partner violence)

http://www.joinonelove.org/ 

 

Loveisrespect (Resource to empower youth to prevent and end dating abuse)

http://www.loveisrespect.org/

 

APPENDIX C

JHU & OTHER NON-CONFIDENTIAL RESOURCES

 

A.            CAMPUS SECURITY & LOCAL LAW ENFORCEMENT

 

1. See APPENDIX A

 

2. Download the Live Safe App available on the Homewood and DC campuses

http://security.jhu.edu/services-for-you/livesafe-app/ 

 

B.            OFFICE OF INSTITUTIONAL EQUITY

1. Office of Institutional Equity

3100 Wyman Park Drive

Suite 515

Baltimore, Maryland 21211

Telephone: 410-516-8075

http://oie.jhu.edu

 

2. JHU Sexual Assault Website (Includes a link to the Sexual Misconduct Policy & Procedures as well as resource information)

http://sexualassault.jhu.edu/  

 

C.            ​STUDENT AFFAIRS RESOURCES & OFFICES

1. Help Connecting with a Supporter

For all complaints of sexual assault, dating violence, domestic violence, and stalking, and for complaints of sexual harassment in which the complainant or respondent is a student, individuals may be assisted and advised by a supporter of their choice, including legal counsel, or a parent or legal guardian, throughout the investigative and resolution process, including hearing, sanctioning and appeals. Supporters may accompany, advise and provide support at any meeting or hearing in connection with an investigation and resolution of the complaint; but may not speak on behalf of an individual for whom they provide support or otherwise participate, or address or question the investigator, resolution panel, or other parties or witnesses. Students in need of help connecting with a supporter while involved in a sexual misconduct matter should contact Jennifer Calhoun, Special Advisor, VP Student Affairs, calhoun@jhu.edu for assistance; (410) 516-6283.

 

2. Student Affairs Offices

Advanced Academic Programs

Amy Carmack

Executive Director of Student Affairs

1717 Massachusetts Ave NW, Suite 101

Washington, DC 20036

E-mail: acarmac1@jhu.edu

 

Engineering for Professionals

Heather Stewart

Manager of Academic Affairs

3400 N Charles St.

Baltimore, MD 21218

Telephone: 410-516-1256

 E-mail: hstewa13@jhu.edu

 

Bloomberg School of Public Health

Michael Ward

Associate Dean for Enrollment and Student Affairs

615 N. Wolfe Street

Baltimore, MD 21205

Telephone: 443-287-7277

 E-mail: mward@jhu.edu

 

Carey Business School

Debra “Jill” Green

Associate Dean for Student Development

100 International Dr.

Baltimore, MD 21202

Telephone: 410-234-9467

Email: djillgreen@jhu.edu

 

School of Education

Teresa Murray

Director of Student Services

6740 Alexander Bell Drive

Columbia, MD 21046

Telephone: 410-516-9734

E-mail: teri.murray@jhu.edu

 

KSAS and WSE

Smita Ruzicka

Dean of Students

Homewood Campus 210, Mattin

Baltimore, MD 21218

Telephone: 410-516-5994

E-mail: sruzick1@jhu.edu

 

Renee Eastwood

Director of Graduate and Postdoctoral Academic Affairs

Krieger School of Arts & Sciences

614 Wyman Park Building

Telephone: 410-516-8477

E-mail: rseitz5@jhu.edu

 

Christine Kavanagh

Assistant Dean for Graduate and Postdoctoral Academic Affairs

Whiting School of Engineering

Wyman 3 West 

3400 North Charles Street

Baltimore, MD 21218

Telephone: 410-516-0764

E-mail: christinekavanagh@jhu.edu

 

Peabody

Toni Blackwell

Interim Director of Student Affairs

One East Mount Vernon Place

Unger Lounge Plaza Level

Baltimore, MD 21202

Telephone: 667-208-6107

E-mail: tblack13@jhu.edu

 

School of Advanced and International Studies (SAIS)

Noemi Crespo Rice

Chief Student Affairs Officer

1740 Massachusetts Avenue, N.W., Suite #305

Washington, DC 20036

Telephone: 202-663-5707

E-mail: noemi.crespo@jhu.edu

 

School of Medicine

Tom Koenig

Associate Dean for Student Affairs

Assistant Professor, Department of General Psychiatry

Broadway Research Building (BRB), Room 137

733 North Broadway

Baltimore, MD 21205

Telephone: 410-955-3416

E-mail: tkoenig@jhmi.edu

 

Peter Espenshade

Associate Dean for Graduate Biomedical Education

725 North Wolfe Street

Baltimore, MD 21205

Telephone: 443-287-5026

E-mail: peter.espenshade@jhmi.edu

 

School of Nursing

Jennifer Dotzenrod

Associate Dean of Enrollment Management and Student Affairs

525 North Wolfe Street

Baltimore, MD 21205

Telephone: 410-955-7545

E-mail: dotzenrod@jhu.edu

 

3. Financial Aid

 

Advanced Academic Programs

http://advanced.jhu.edu/prospective-students/financial-aid/ 

1717 Massachusetts Avenue, NW Washington, DC 20036

Telephone: 202-452-1940

 

Bloomberg School of Public Health

http://www.jhsph.edu/offices-and-services/student-affairs/financial-aid/ 

615 N. Wolfe Street, Baltimore, MD 21205

Telephone: 410-955-3004

 

Carey Business School

http://carey.jhu.edu/admissions/financial-aid/  

Baltimore Campus: 100 International Dr., Baltimore MD 21202

Telephone: 410-234-9200

DC Campus: 1625 Massachusetts Avenue, NW, Washington DC 20036

Telephone: 410-234-9200

 

School of Education

http://www.students.education.jhu.edu/financial/

2800 North Charles Street, Baltimore MD 21218

Telephone: 410-516-9808

 

KSAS and WSE (including Engineering for Professionals)

http://finaid.johnshopkins.edu/

3400 N Charles St., 146 Garland Hall, Baltimore, MD 21218

Telephone: 410-516-8028

 

Peabody

http://www.peabody.jhu.edu/conservatory/financialaid/ 

1 East Mount Vernon Place, Baltimore, MD 21202

Telephone: 667-208-6608

 

SAIS

https://www.sais-jhu.edu/content/financial-aid-office#welcome 

Washington: Nitze Building, 1740 Massachusetts Ave., N.W. Washington, D.C. 20036

Telephone: 202-663-5600

Europe: Bologna Center, via Belmeloro, 11, 40126 Bologna, Italy

Telephone: +39.051.2917.811

Nanjing: Hopkins-Nanjing Center, Nanjing University, 162 Shanghai Road, Nanjing, Jiangsu Province, China 210008, People's Republic of China

Telephone: 202-663-5800

Telephone: +1.800.362.6546

Telephone: +86.25.8359.2436

 

School of Medicine

http://www.hopkinsmedicine.org/financialaid 

1620 McElderry Street, Suite 427, Baltimore, MD 21205-1911

Telephone: 410-955-1324

 

School of Nursing

http://nursing.jhu.edu/admissions/financial-aid/ 

525 N. Wolfe Street, Student House, Baltimore, MD 21205

Telephone: 410-955-9840

 

4. Office of International Services

 

James Brailer, Assistant Provost for International Student and Scholar Services

jbraile1@jhu.edu

http://ois.jhu.edu 

Telephone: 667-208-7001

 

5. Gender Equity

 

Jeannine Heynes, Director of Women and Gender Resources

http://studentaffairs.jhu.edu/gender-equity/

Telephone: 410-516-8730

 

6. LGBTQ Life

 

Demere Woolway, Director of LGBTQ Life

http://studentaffairs.jhu.edu/lgbtq/

Telephone: 410-516-8208

 

7. Office of Multicultural Affairs

 

Joseph Colon, Director of Multicultural Affairs

http://oma.jhu.edu/

Telephone: 410-516-8730

 

8. Center for Student Success

 

Irene Ferguson, Associate Dean for Student Success

http://studentaffairs.jhu.edu/dass/

Telephone: 410-516-8730

 

9. Disability Services

 

Advanced Academic Programs

http://advanced.jhu.edu/students/disability-accommodations/

Talia A. Varone, Sr. Student Services Coordinator, AAP Student Services

E-mail: tvarone@jhu.edu

Bernstein Office Building

1717 Massachusetts Avenue, NW Washington, DC 20036

Telephone: 202-663-5956

 

Bloomberg School of Public Health

http://www.jhsph.edy/office-and-services/student-affairs/disability-support-services/

Audrey Ndaba, Disability Support Services Coordinator

Email: andaba1@jhu.edu

615 N. Wolfe Street, Suite E-1002

East Baltimore Campus

Telephone: 410-955-6602

 

Carey Business School

http://carey.jhu.edu/life-at-carey/student-resources/disability-services

Jeanette Proakis, Sr. Student Services Coordinator

E-mail: carey.disability@jhu.edu

100 International Dr., Baltimore MD 21202

Telephone: 410-234-9243

 

Center for Talented Youth

Melissa A. Kistler, Disability Services Administrator

E-mail: melissa.kistler@jhu.edu

McAuley Hall, Ste. 400, 5801 Smith Avenue, Baltimore, MD, 21209

Telephone: 667-208-7641

 

Engineering for Professionals

http://ep.jhu.edu/student-services/other-services/disability-support-services 

Allison Leventhal, Outreach and Support Case Manager for Graduate and Postdoctoral Affairs/ 
Student Disability Services Coordinator

E-mail: ep-disability-svcs@jhu.edu

Johns Hopkins Whiting School of Engineering, Graduate Academic Affairs, Wyman 3 West, 3400 North Charles Street, Baltimore, MD 21218 

Telephone: 410-516-2328

 

Krieger School of Arts and Sciences / Whiting School of Engineering

(Undergraduate and full time graduate students)

http://web.jhu.edu/disabilities

Terri Massie-Burrell, Director of Student Disability Services

E-mail: tmassie1@jhu.edu

Dayna Geary, Assistant Director, Student Disability Services

Email: dgeary2@jhu.edu 

 

3400 N Charles St., Shaffer 101 (1st Floor)

Telephone: 410-516-6103

 

SAIS

https://www.sais-jhu.edu/campus-life/washington#wellbeing-and-support

Khorey Baker, Director for Student Life

E-mail: khorey.baker@jhu.edu

1740 Massachusetts Avenue, N.W., Room 318, Washington, D.C. 20036

Telephone: 202-663-5705

 

Peabody

http://www.peabody.jhu.edu/conservatory/studentaffairs/disability/ 

Toni Blackwell, Interim Director of Student Affairs and Disability Resources Coordinator

E-mail: peabodydisability@jhu.edu

1 East Mount Vernon Place, Baltimore, MD 21202

Telephone: 667-208-6703

 

School of Education

http://www.students.education.jhu.edu/disability/index.html  

Jennifer Eddinger, Assistant Director, Office of Student Affairs

E-mail: jeddinger@jhu.edu

6740 Alexander Bell Drive, Suite 302, Columbia, MD 21046

Telephone: 410-516-9734

 

School of Medicine

http://www.hopkinsmedicine.org/som/students/life/disability.html   

Ellen Kaplan, Learning Specialist and Disability Services Coordinator

Email: ekapla19@jhmi.edu 

1600 McElderry Street, Baltimore, MD 21205

Telephone: 410-502-6295

 

School of MedicinePh.D. Programs

http://www.hopkinsmedicine.org/graduateprograms/disability_services.cfm 

Kristina Nance, Assistant Director, Graduate Student Experience and Diversity

Email: GradDisabilityOffice@jhu.edu

1830 East Monument Street, 6-619, Baltimore, MD 21287

Telephone: 667-209-8058

 

School of Nursing

http://nursing.jhu.edu/life-at-hopkins/student-resources/disability/index.html 

Megan Barrett, Director of Student Affairs

E-mail: mbarrett@jhu.edu

525 N. Wolfe Street, Student House 216, Baltimore, MD 21205

Telephone: 410-955-7549

 

Office of Institutional Equity

Aaron Hodukavich

Director, ADA Compliance and Disability Services

E-mail: ahoduka1@jhu.edu

Telephone: 410-516-8075

 

D. STUDENT OPERATED RESOURCES

 

1. SARU – Peer Run Support Line Hotline: 410-516-7887

https://jhusaru.wordpress.com/about

 

APPENDIX D

EXTERNAL GOVERNMENT RESOURCES

 

The government resources listed below may provide additional assistance for students or employees wishing to file an external complaint of sexual misconduct, students or employees with inquiries regarding the application of Title IX and its implementing regulations, or students or employees wishing to file an external complaint against the University.  In addition, participants in programs funded by other federal agencies may also file a complaint directly with those agencies. 

 

Please note that different agencies may have different time limits requirements for filing reports or complaints

 

U.S. Department of Education

Office for Civil Rights

Philadelphia Office

The Wanamaker Building

100 Penn Square East, Suite 515

Philadelphia, PA 19107

(215) 656-8541

    OCR.Philadelphia@ed.gov

    http://www.ed.gov/ocr

 

U.S. Department of Justice

Office on Violence Against Women

    145 N Street NE, Suite 10 W.121

Washington, DC 20530

(202) 307-6026

             https://www.justice.gov/ovw

 

   EEOC Baltimore Field Office

   GH Fallon Federal Building

   31 Hopkins Plaza, Suite 1432

   Baltimore, MD 21202

   1-800-669-4000 / (TTY) 1-800-669-6820

   https://www.eeoc.gov/field/baltimore

 

   EEOC Washington, D.C. Field Office

     131 M Street, NE

     Fourth Floor, Suite 4NWO2F

     Washington, DC 20507-0100

     1-800-669-4000

     https://www.eeoc.gov/field/washington/index.cfm

 

      Maryland Commission On Civil Rights

      6 St. Paul Street, Suite 900

      Baltimore, MD 21202-1631

      1-800-637-6247 / (TTY) 711

      http://mccr.maryland.gov

 

APPENDIX E

ON-CAMPUS MEDICAL AND INTERNATIONAL STUDENT RESOURCES

 

JHU Student Health and Wellness Center

Homewood Campus

1 East 31st Street, N200 Baltimore, MD 21218

Telephone: 410-516-8270

https://www.jhu.edu/life/health-wellness/

 

University Health Services

933 N. Wolfe Street Baltimore, MD 21205

Telephone: 410-955-3250

http://www.hopkinsmedicine.org/uhs/directions.html

 

Office of International Services

Telephone: 667-208-7001

Email: ois@jhu.edu

www.ois.jhu.edu

 

APPENDIX F

LOCAL HOSPITALS

 

Baltimore City

Mercy Hospital (24/7)

301 St. Paul Place

Baltimore, MD 21011

Telephone: 410-332-9000

 

Anne Arundel County

Anne Arundel Medical Center

 2001 Medical Parkway

Annapolis, MD 21401

Telephone: 443-481-1200

 

Baltimore County

Baltimore Washington Medical Center

301 Hospital Drive

Glen Burnie, MD 21061

Telephone: 410-787-4328

 

GBMC (24/7)

6701 North Charles Street Towson, MD 21204

Telephone: 443-849-3323

http://www.gbmc.org/safe

 

Carroll County

Carroll Hospital Center

200 Memorial Avenue Westminster, MD 21157

Telephone: 410-871-6655

 

Howard County

Howard County General

5755 Cedar Lane

Columbia, MD 21044

Telephone: 410-740-7777

 

Montgomery County

Shady Grove Adventist Hospital

9901 Medical Center Drive

Rockville, MD 20850

Telephone: 240-826-6000

 

Washington, DC

MedStar Washington Hospital Center (24/7) (Hospital offering Sexual Assault Forensic Exam (SAFE) in Washington, DC)

 110 Irving Street, N.W.

Washington, D.C. 20010

Telephone: 800.641.4028

https://www.dcfne.org/

 

Bologna

Pronto Soccorso Ostetrico e Ginecologico (Gynecology ER) Ospedale Sant’Orsola-Malpighi

Via Massarenti Padiglione 4

Pronto Soccorso Generale Ospedale Sant’Orsola-Malpighi Via Albertoni 15

 

Pronto Soccorso Generale Ospedale Maggiore

Largo Nigrisoli 2 (Via Saffi)

 

Nanjing

Nanjing University Hospital 22 Hankou Rd

Gulou, Nanjing, Jiangsu China

Telephone: +86-25-8359-2526

 

APPENDIX G

PROCEDURES FOR TITLE IX SEXUAL HARASSMENT[9]

 

Section A:      Notice of Allegations

Section B:      Discretionary Dismissal

Section C:      Mandatory Dismissal

Section D:      Informal Resolution of Formal Complaint

Section E:      Investigation of Formal Complaint

1. Consolidation of Formal Complaints

2. Fact Gathering

3. Investigative Protocols

4. Party Review of Evidence File

5. Investigative Report

Section F:     Live Hearing 

Section G:    Determination Regarding Responsibility

Section H:    Sanctioning 

Section I:      Appeals

Section J:     Exclusivity of Procedures

 

A.       Notice of Allegations

 

Following receipt of a Formal Complaint, OIE simultaneously will provide written notice to each known party (Complainant(s) and Respondents(s)) that will include the following:

 

  • Notice of these Procedures for Title IX Sexual Harassment, including the informal resolution process and a range of possible sanctions associated with the allegations;
  • Notice of the allegations of Title IX Sexual Harassment, including: the identities of the parties involved in the incident, if known; the conduct alleged to constitute Title IX Sexual Harassment; the date, time, and location of the alleged incident(s), if known;
  • A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of any investigation and adjudication process;
  • Information regarding the parties’ right to a supporter of choice (including an attorney or advocate) and a hearing advisor in the event of a live hearing; and
  • A statement describing applicable prohibitions against knowingly making false statements or submitting false information during any investigation, adjudication, or informal resolution process.

 

The Title IX Coordinator or a designee reserves the right to amend or supplement the Notice of Allegations at any time.  If, in the course of an investigation, OIE decides to investigate new or additional allegations that were not included in the most current Notice of Allegations, OIE will provide an updated Notice of Allegations to all known parties.

 

The Title IX Coordinator or a designee also will provide the Complainant and Respondent, respectively, a written explanation of their rights, options, and responsibilities under these Procedures, including the availability of interim supportive measures and support resources, information regarding other civil and criminal options, and legal services organizations and referral services available to the party.

 

B.       Discretionary Dismissal

 

The Title IX Coordinator has discretion to dismiss a Formal Complaint of Title IX Sexual Harassment or any allegations within such a Formal Complaint in the following three situations:

  • The Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations within it;
  • The Respondent is no longer enrolled at the University or is no longer employed by the University; or
  • Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.

 

If any of these circumstances is present, the Title IX Coordinator will make a fact-specific determination whether to dismiss the Formal Complaint, considering all relevant circumstances, including the safety and security of the University community. In the event of a discretionary dismissal, both parties will be notified simultaneously and in writing of the dismissal and reasons therefore. Both parties have the right to appeal the dismissal of a Formal Complaint. See Section H.

 

C.       Mandatory Dismissal

 

Even if a preliminary determination is made that alleged misconduct in a Formal Complaint triggers the Procedures for Title IX Sexual Harassment, as described in Section IX of the Sexual Misconduct Policy, throughout the investigation and adjudication process it may become apparent that some or all of the alleged misconduct does not meet the requirements of Title IX Sexual Harassment.  In that case, the University must dismiss the Formal Complaint (or the allegations within the Formal Complaint that do not meet the Title IX Sexual Harassment requirements), but it retains the discretion to address the alleged misconduct as Other Sexual Misconduct under the Sexual Misconduct Policy or under other policies, including the Student Conduct Code.

 

D.       Informal Resolution of Formal Complaint

 

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, 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 party’s 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.

 

E.       Investigation of Formal Complaint

 

1. Consolidation of Formal Complaints

 

The Title IX Coordinator or designee may consolidate Formal Complaints as to allegations of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

 

2. Fact Gathering

 

During the first phase of its investigation, the University will gather facts related to the allegations of Title IX Sexual Harassment. The Title IX Coordinator will designate one or more trained internal or external investigators to interview the Complainant, Respondent, and witnesses. The Title IX Coordinator may serve as an investigator. Investigators will gather pertinent documents and other evidence identified by either party or that comes to their attention.

 

The burden of proof and of gathering evidence sufficient to reach a determination regarding responsibility rests on the University and not on the parties.

 

Parties have the right to submit evidence (both inculpatory and exculpatory), present witnesses (including fact and expert witnesses), and/or suggest specific questions to be posed to the other party during the investigation.

 

3. Investigative Protocols

 

The investigators will follow the protocols set forth below:

  • Preservation of Evidence: The investigators will request that the Complainant, Respondent, witnesses, and other interested individuals preserve any relevant evidence, including documents, text messages, voice messages, e-mails, and postings on social media.
  • Romantic or Sexual History:
    • The investigators will not solicit or consider information about the Complainant’s sexual predisposition or prior sexual behavior, unless such information is offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the information concerns specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and is offered to prove consent.
    • Investigators will not solicit or consider information concerning the romantic or sexual history of the Respondent other than 1) information concerning the parties’ shared romantic or sexual history that is offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant; 2) information concerning specific incidents of the Respondent’s prior sexual behavior with respect to the Complainant that is offered to prove consent; or 3) information concerning the Respondent’s prior sexual history with someone other than the Complainant if deemed relevant to prove the source of injury or prior sexual misconduct, to show that an individual has an ulterior motive, or to impeach the Respondent’s credibility after the Respondent has put their own prior sexual conduct at issue.
  • Prior Conduct Violations: The investigators will generally not consider evidence of any prior incident, but the investigators have discretion to consider evidence of any prior incident(s) that involved conduct substantially similar to the allegation(s) being investigated or demonstrates a common pattern of behavior.
  • Mental Health Conditions: The investigators will not solicit or consider information concerning a party’s mental health history, including any mental health diagnosis, counseling, or treatment, unless the party consents to the use of such information.
  • Medical Records: The investigators cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party’s voluntary, written consent to do so.
  • Law Enforcement Investigations: If the University’s investigation is delayed during the evidence-gathering stage of a concurrent law enforcement investigation, the University’s investigation will resume promptly thereafter.

 

4. Party Review of Evidence File

 

After the fact-gathering process is complete, both parties will have an equal opportunity to review the evidence file, which includes any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint.  This includes evidence upon which the OIE investigator does not intend to rely in reaching a recommendation regarding responsibility as well as inculpatory and exculpatory evidence obtained from a party or other source.

 

Prior to the completion of the Investigative Report, OIE will provide each party and their supporter(s) (if applicable) with electronic access to review and inspect the above-referenced evidence file.  The parties will have 10 calendar days to submit a written response to OIE, if they choose.  If either or both parties submit a response to the evidence file, the assigned investigator(s) will consider the response(s) prior to completing the Investigative Report.

 

Any response to the evidence file submitted by a party will be made available to the other party and their supporter(s), and will become part of the evidence file unless the response is not directly related to the allegations raised in the Formal Complaint.

 

The evidence file will be made available to the parties and the members of the determination panel for reference during a hearing, including for purposes of cross-examination.

 

5. Investigative Report

 

Upon completion of the fact-gathering process and with consideration of any response to the evidence file review, the investigator(s) will consider all relevant evidence and prepare a report that fairly summarizes relevant evidence. The report will include the investigator’s recommended findings of fact, an assessment of credibility of the information provided, and a recommended determination as to whether the Respondent is responsible for the alleged violation(s) by a preponderance of the evidence.

 

At least 10 days prior to the hearing, the Complainant and Respondent will be notified in writing of their right to review the investigative report and submit written comments to the determination panel. If either party chooses to submit written comments to the determination panel, these comments will be provided in full to the other party along with OIE’s final investigative report.

 

When the investigative report is submitted to the parties, the names and identifying information of other students/individuals will be redacted to the extent required by FERPA and to protect other privileged and confidential information. Once the Title IX Coordinator or investigator determines that an investigation is complete, the Title IX Coordinator or investigator will transmit the investigative report and the evidence file to the appropriate determination panel.

 

F.       Live Hearing

 

Unless a Formal Complaint is dismissed or resolved via the informal resolution process, the University will provide for a live hearing presided over by a trained determination panel.

  • In-person, Virtual, Separate Rooms:
    • Live hearings may be conducted with all parties physically present in the same geographic location or, at the University’s discretion, any or all parties, witnesses and other participants may appear at the live hearing virtually, with technology enabling participants to simultaneously see and hear each other.
    • Upon the request of either party, the University will conduct the live hearing with the parties located in separate rooms with technology enabling the members of the determination panel and parties to simultaneously see and hear the party or witness answering questions.
  • Hearing Advisor:
    • All parties must have a Hearing Advisor present at the live hearing.
    • The Hearing Advisor may be, but is not required to be, an attorney.
    • The Hearing Advisor may be, but is not required to be, an individual whom a party has selected as a personal or legal/advocate supporter.
    • Only one Hearing Advisor for each party may be present during the live hearing and no other supporter(s) may attend the hearing.
    • If a party does not have a Hearing Advisor present at the live hearing, the University will provide a Hearing Advisor to the party without fee or charge to conduct cross-examination on behalf of the party during the live hearing.
  • Relevant Cross Examination:
    • The determination panel will permit each party’s Hearing Advisor of choice to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.
    • Only questions determined by the determination panel to be relevant may be asked.
    • Before a party or witness answers a cross-examination or other question, the determination panel must first determine whether the question is relevant.  If the determination panel excludes a question as not relevant, the panel will explain this decision.
    • Such cross-examination at the live hearing must be conducted directly, orally and in real time by the party’s Hearing Advisor of choice.
    • Parties are not permitted to directly question the other party(ies) or witnesses at the hearing.  All questioning must be via the Hearing Advisor.
  • Questions about Sexual Predisposition or Prior Sexual Behavior:
    • Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the either party’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
    • Questions and evidence about the Respondent’s romantic or sexual history will not be relevant, other than 1) questions and evidence concerning the parties’ shared romantic or sexual history that are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant; 2) questions and evidence concerning specific incidents of the Respondent’s prior sexual behavior with respect to the Complainant that are offered to prove consent; or 3) questions and evidence concerning the Respondent’s prior sexual history with someone other than the Complainant if deemed relevant to prove the source of injury or prior sexual misconduct, to show that an individual has an ulterior motive, or to impeach the Respondent’s credibility after the Respondent has put their own prior sexual conduct at issue.
  • Questions about Prior Conduct Violations:
    • Questions and evidence about any prior incident are generally not relevant, but the determination panel has discretion to consider evidence of any prior incident(s) that involved conduct substantially similar to the allegation(s) under investigation or demonstrates a common pattern of behavior.
  • Questions about Mental Health Conditions:
    • The determination panel will not solicit, consider or permit questions about or introduction of information concerning a party’s mental health history, including any mental health diagnosis, counseling, or treatment, unless the party consents to the use of such information.
  • Medical Records: 
    • The determination panel will not access, consider, disclose, permit questions about or introduction of information concerning a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party’s voluntary, written consent to do so.
  • Submission to Cross-Examination:
    • If a party or witness does not submit to cross-examination at the live hearing, the determination panel must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the determination panel cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.
  • Recording: The University will create an audio or audiovisual recording, or transcript, of any live hearing, and will make it available to the parties for inspection and review.

 

G.       Determination Regarding Responsibility 

 

The determination panel will issue a written determination regarding responsibility applying the preponderance of the evidence standard.  The written determination will be issued simultaneously to both parties and will include:

  • Identification of the allegations of Title IX Sexual Harassment;
  • A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
  • Findings of fact supporting the determination;
  • Conclusions regarding the application of the Sexual Misconduct Policy to the facts;
  • A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and whether the University will provide to the Complainant remedies designed to restore or preserve equal access to its education programs and/or activities; and
  • Information about procedures and permissible bases for the Complainant and Respondent to appeal.

 

Remedies provided to the Complainant need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent.

 

H.       Sanctioning

 

The determination panel is responsible for sanctioning Respondents found responsible for engaging in Title IX Sexual Harassment.

 

The determination panel may consider the following factors in the sanctioning process:

  • The specific misconduct at issue;
  • The circumstances accompanying any lack of consent (e.g., force, threat, coercion, intentional incapacitation, etc.);
  • The Respondent’s state of mind (bias-motivated, reckless, negligent, etc.);
  • The Respondent’s prior disciplinary history;
  • The safety of the University community;
  • Impact or mitigation statement by one or both parties;
  • The Respondent’s conduct during the investigation and resolution process; and
  • Such other factors as the resolution panel deems appropriate.

 

The determination panel will impose sanctions that are fair and appropriate, consistent with the University’s handling of similar cases, adequate to protect the safety of the campus community, and reflective of the seriousness of the misconduct at issue. The determination panel may impose any one or more of the following sanctions on a Respondent found responsible for sexual misconduct, or other such appropriate sanction as the circumstances may dictate:[10]

  • Reprimand/warning;
  • Changing the Respondent’s academic or employment schedule;
  • Disciplinary probation;
  • Revocation of honors or awards;
  • Loss of privileges;
  • Imposition of conditions of employment;
  • Restricting access to University facilities or activities, including student activities and campus organizations;
  • Mandatory training;
  • Service hours;
  • Alcohol and/or drug assessment or counseling;
  • Issuing a “no contact” order to the Respondent or requiring that an existing order remain in place;[11]
  • Moving the Respondent’s residence on campus;
  • Dismissal, termination or restriction from University employment;
  • Making a former University employee or student (including those expelled or terminated pursuant to these sanctions) ineligible for hire or rehire by the University;
  • Removal from student housing;
  • Demotion or other removal from a management, supervisory or leadership role(s);
  • A full or partial ban from campus (either limited time or indefinite);
  • Transcript notations;
  • Deferred suspension;
  • Restriction from University sponsored or affiliated events;
  • Pay reduction;
  • Loss of raise;
  • Loss of supervision or oversight duties;
  • Referral for further sanctioning pursuant to applicable policies and/or procedures;
  • Employment record notations, including an ineligibility for rehire notation;
  • Suspension;
  • Expulsion; and
  • Revocation of degree.

 

The determination panel must inform OIE promptly of the decision and any sanctions.

 

The determination panel may recommend, and the Title IX Coordinator may implement, additional measures to remedy the effects of the sexual misconduct on the Complainant, designed to restore or preserve equal access to the University’s education program or activity.  Such remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent. These include but are not limited to: providing an escort for passage between classes and activities; ensuring the Complainant and Respondent do not share classes or extracurricular activities; moving the Respondent or Complainant (if the Complainant requests to be moved) to a different residence hall; providing victim focused services including medical, counseling and academic support services, such as tutoring; and arranging for the Complainant to have extra time to complete or re-take a class or withdraw from a class without an academic or financial penalty.

 

The determination panel may also recommend, and the Title IX Coordinator may implement, additional measures that are designed to prevent the recurrence of sexual misconduct or respond to the effects of the sexual misconduct on the University community that may include, but are not limited to:  increased monitoring, supervision, or security at locations or activities where the sexual misconduct occurred; additional training and/or educational materials for students or groups; revision of the Sexual Misconduct Policy; and campus climate surveys.

 

I.       Appeals

 

Both parties have the right to appeal the determination panel’s determination regarding responsibility and the dismissal of a Formal Complaint or any allegations therein on the following bases:

  • A procedural irregularity that affected the outcome of the matter;
  • New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
  • The Title IX Coordinator, investigator or determination panel (or member thereof) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; and/or
  • In cases where one or more of the parties is a student, the hearing determination or sanction.

 

A party has seven (7) calendar days from receipt of the determination or dismissal notification to appeal. Any appeal must be filed in writing with the determination panel who issued the decision under appeal.  The determination panel will then promptly forward the written appeal to the appropriate Appeal Officer.

 

The Appeal Officer or designee will notify both parties in writing that the appeal has been received and is under consideration. After receiving this notification, both parties have seven (7) calendar days to submit a written statement in support of, or opposing, the outcome under appeal.

 

The Appeal Officer:

  • Will be formally trained, as required by law;
  • Will implement appeal procedures equally for both parties;
  • Will have access to the evidence file, the investigative report, the recording or transcript of the hearing, the written determination of the determination panel, and appellate submissions of the parties;
  • Will not have a conflict of interest or bias against Complainants or Respondents generally or individually as to the specific matter; and
  • Will not be the same person as the Title IX Coordinator, the investigator(s), or the determination panel that reached the determination regarding responsibility or dismissal.

 

The appeal process does not involve another hearing or any meetings with the Complainant, Respondent, supporters or Hearing Advisors.

 

If the Appeal Officer concludes that a change in the determination of responsibility or sanctioning determination is warranted, they may (1) enter a revised written determination; (2) remand the matter to the determination panel to reconsider a determination or sanction; or (3) remand the matter for further investigation by the investigator(s).

 

The Appeal Officer will simultaneously send the written appeal determination, including a description of the result of the appeal and the rationale for the result, to the Complainant and Respondent, with a copy to the Title IX Coordinator. No further appeals are permitted.

 

J.       Exclusivity of Process

 

These Procedures for Title IX Sexual Harassment are the exclusive procedures for investigation and adjudication of Title IX Sexual Harassment involving all members of the University community, including students, faculty, and staff.  If the determination panel makes a finding of Title IX Sexual Harassment and issues a sanction of referral for further sanctioning pursuant to applicable policies and/or procedures, such applicable policies and/or procedures shall apply to such further sanctioning and any appeal of such further sanctioning. To the extent other applicable policies and/or procedures conflict with or are inconsistent with the Sexual Misconduct Policy and Procedures, the Sexual Misconduct Policy and Procedures shall take precedence.

 

APPENDIX H

PROCEDURES FOR OTHER SEXUAL MISCONDUCT[12]

 

Section A:      Assessment and Notice

Section B:      Informal Resolution

Section C:      Investigation

1. Fact-Gathering Process

2. Investigative Protocols

3. Investigative Report

Section D:      Resolution Procedures for All Investigations of "Other Sexual Misconduct"

Section E:      Additional Resolution Procedures for Investigations of "Other Sexual Misconduct" Involving Student Respondents (unless otherwise noted)

1. Resolution Panel

2. Determination of Responsibility

3. Sanctioning (applicable to all investigations)

4. Appeals

5. Notice of Outcomes (applicable to all investigations)

Section F:     Exclusivity of Procedures 

 

A.       Assessment and Notice

 

Per the Sexual Misconduct Policy, once OIE has determined that the allegations at issue do not involve Title IX Sexual Harassment, the determination as to whether to initiate an investigation will take into account whether the alleged conduct violates the prohibitions against Other Sexual Misconduct or retaliation, as well as any requests by the Complainant for the matter not to be investigated or for confidentiality, as discussed above in the Policy.

 

If the Title IX Coordinator decides not to conduct an investigation or to conduct a limited inquiry prior to the commencement of any disciplinary proceedings, the Title IX Coordinator will memorialize that decision in a written statement of reasons and will notify the Complainant of that determination.

 

If the Title IX Coordinator decides to open an investigation, the Title IX Coordinator or a designee will promptly notify the Complainant and Respondent simultaneously in writing of the alleged violation(s) that the University plans to investigate, including the date, time, and location of the alleged violation(s) and the range of potential sanctions associated with the alleged violation(s). The Title IX Coordinator or a designee reserves the right to amend or supplement that notice at any time and will provide the Complainant and Respondent with notice of any such changes in the scope of the investigation.

 

The Title IX Coordinator or a designee will also provide the Complainant and Respondent, respectively, with a written explanation of their rights, options, and responsibilities under the Sexual Misconduct Policy and these Procedures, including the availability of interim supportive measures and support services, information regarding other civil and criminal options, the party’s right to the assistance of a supporter (including an attorney or advocate, as discussed below), and the legal service organizations and referral services available to the party.

 

Additionally, the Title IX Coordinator or a designee will ensure that both the Complainant and Respondent are updated appropriately and equivalently throughout the investigative process, including providing timely notices of scheduled meetings, hearings, and interviews in which they are required or permitted to attend.  The Complainant and/or Respondent may, however, decline to participate in the investigation or resolution process.  The University may continue the process without the Complainant’s and/or Respondent’s participation.

 

If the facts surrounding a report of Other Sexual Misconduct also involve other alleged violations of University policy, including, but not limited to, student codes of conduct, the Title IX Coordinator or a designee may also investigate such other alleged violations or refer them to the appropriate authority, such as Student Conduct or Human Resources.

 

B.       Informal Resolution

 

If the Complainant and Respondent agree, certain cases may be resolved informally. Cases involving allegations of sexual assault or sexual coercion 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 under no circumstances will a Complainant be directed to resolve a matter directly with the Respondent.

 

Either the Complainant or the Respondent may withdraw their agreement to proceed informally at any time prior to a resolution agreement being reached and finalized.  If both parties are satisfied with a proposed informal resolution and the Title IX Coordinator considers the resolution to satisfy 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 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.

 

C.       Investigation

 

1. Fact-Gathering Process

 

During the first phase of its investigation, the University will gather facts related to the allegations of sexual misconduct. The Title IX Coordinator will designate one or more trained internal or external investigators to interview the Complainant, Respondent, and witnesses. The Title IX Coordinator may serve as an investigator. Investigators will also gather pertinent documents and other evidence identified by either party or that comes to their attention.

 

Parties have the right to submit evidence, suggest witnesses and/or suggest specific questions to be posed to the other party during the investigation.

 

2. Investigative Protocols

 

The investigators will follow the protocols set forth below:

  • Preservation of Evidence: The investigators will request that the Complainant, Respondent, witnesses, and other interested individuals preserve any relevant evidence, including documents, text messages, voice messages, e-mails, and postings on social media.
  • Romantic or Sexual History: The investigators will not solicit or consider information concerning the romantic or sexual history of either party other than 1) information concerning the parties’ shared romantic or sexual history that the investigators deem relevant, or 2) information concerning a party’s prior sexual history with someone other than the other party if deemed relevant to prove the source of injury or prior sexual misconduct, to show that an individual has an ulterior motive, or to impeach an individual’s credibility after this individual has put their own prior sexual conduct at issue. The existence of a prior consensual romantic or sexual relationship between the Complainant and Respondent is not proof of consent to alleged sexual activity.
  • Prior Conduct Violations: The investigators will generally not consider evidence of any prior incident, but the investigators have discretion to consider evidence of any prior incident(s) that involved conduct substantially similar to the allegation(s) being investigated or demonstrates a common pattern of behavior.
  • Mental Health Conditions: The investigators will not solicit or consider information concerning a party’s history of mental health counseling, treatment, or diagnosis, unless the party consents to the use of such information.
  • Law Enforcement Investigations: If the University’s investigation is delayed during the evidence-gathering stage of a concurrent law enforcement investigation, the University’s investigation will resume promptly thereafter.

 

At any time prior to or during an investigation, the Respondent may accept responsibility for some or all of the alleged violations. If the Respondent accepts responsibility for all of the alleged violations, the matter will then proceed to the applicable sanctioning phase and any available appeal of the sanctioning decision.  If the Respondent only accepts responsibility for some of the alleged violations, the investigation shall continue with respect to all remaining disputed allegations, if determined to be appropriate by the investigator and Title IX Coordinator. Where the Respondent has accepted responsibility for some alleged violations but other allegation(s) remain under investigation, the Title IX Coordinator will determine whether the sanctioning phase for the accepted allegations will proceed at the time of acceptance or await the resolution of entire investigation, including the disputed allegations.

 

3. Investigative Report

 

Upon completion of the fact-gathering process, the investigator will consider all relevant evidence and prepare a report. The report will include the investigator’s findings of fact, an assessment of credibility of the information provided, and a recommended determination as to whether the Respondent is responsible for the alleged violation(s) by a preponderance of the evidence.

 

The Complainant and Respondent will be notified in writing of their right to review the investigative report and submit written comments to OIE within seven (7) calendar days of the date of notification. If either party chooses to submit written comments to OIE, these comments will be provided in full to the other party as well as the resolution panel or other applicable decision-making authority along with OIE’s final investigative report.

 

When the investigative report is submitted to the parties, the names and identifying information of other students/individuals will be redacted to the extent required by FERPA and to protect other privileged and confidential information. Once the Title IX Coordinator or investigator determines that an investigation is complete, the Title IX Coordinator or investigator will transmit the investigative report and any party and OIE comments regarding the same, to the resolution panel or, in the case of faculty or staff Respondents, the appropriate entity or administrator for determination of findings pursuant to applicable procedures.

 

D.       Resolution Procedures for All Investigations of "Other Sexual Misconduct"

 

Staff Respondents:

Resolution, sanctions and appeals of complaints of Other Sexual Misconduct in which the Respondent is a staff member will be governed by the procedures in the University’s personnel policies, except as provided herein.  The appropriate decision-maker/administrator/panel/board will use the preponderance of the evidence standard determine Respondent’s responsibility for alleged Policy violations.

 

Faculty, Residents and Post-doctoral Fellow Respondents:

Resolution, sanctions and appeals of complaints of Other Sexual Misconduct in which the Respondent is a member of the faculty, post-doctoral fellow, or resident will be processed by the office of the dean of the appropriate division according to the disciplinary procedures established by that division, except as provided herein. The appropriate decision/maker administrator/panel/board will use the preponderance of the evidence standard to determine Respondent’s responsibility for alleged Policy violations.

 

Notwithstanding the normal procedures in divisional or unit policies, the following provisions apply for: (1) complaints of Other Sexual Misconduct that include allegations of sexual assault, relationship violence, and stalking regardless of whether the Complainant or Respondent is a student, or faculty or staff member; and (2) for complaints of Non-Title IX sexual harassment which the Complainant or Respondent is a student:

  • Equal Rights: All procedural rights will be afforded equally to Respondents and Complainants.
  • Testimony: If the applicable procedures allow one party to be present for the entirety of a hearing, both parties shall be provided this right equally. When requested, arrangements shall be made so that the Complainant and the Respondent are not present in the same room at the same time.  Both parties will be permitted to offer testimony at a hearing or, if the procedures do not include a hearing, to the adjudicating official.
  • Review of Information: The Complainant and Respondent will each have equal and timely access to any information that will be used during disciplinary meetings and hearings, consistent with FERPA and to protect other confidential and privileged information.
  • Questioning: If the applicable procedures include a hearing, only the resolution panel may ask questions of the parties and any witnesses. Both parties may propose questions of the other party and witnesses by submitting questions to the panel in writing at any time during the proceeding. The resolution panel is encouraged to include all relevant questions, but may, in its discretion, ask, alter or omit any or all submitted questions.
  • Romantic/Sexual History: In general, the resolution panel will not consider evidence concerning the romantic or sexual history of either party, except for evidence of 1) the parties’ shared romantic or sexual history that the resolution panel deems relevant, or 2) information concerning a party’s prior sexual history with someone other than the other party if deemed relevant to prove the source of injury or prior sexual misconduct, to show that an individual has an ulterior motive, or to impeach an individual’s credibility after this individual has put his or her own prior sexual conduct at issue. If such evidence is offered by the Complainant or Respondent, the other may respond to it. The existence of a prior consensual romantic or sexual relationship between the Complainant and Respondent is not proof of alleged sexual misconduct.
  • Mental Health Conditions: The resolution panel will not solicit, consider or permit introduction of information concerning a party’s history of mental health counseling, treatment, or diagnosis, unless the party consents to the use of such information.  The resolution panel will determine whether a party effectively consented to consideration of their own mental health conditions by placing any such conditions at issue of their own accord to support their allegations or defense.
  • Students on Panel: If the applicable procedures normally include the participation of one or more students on a resolution panel, those students will be replaced by administrative staff or faculty.

 

E.       Additional Resolution Procedures for Investigations of "Other Sexual Misconduct" Involving Student Respondents (unless otherwise noted) 

 

The following procedures apply to the resolution of Other Sexual Misconduct investigations in which the Respondent is a student (except where broader application is explicitly noted).[13]

 

1. Resolution Panel

 

If a matter involving a student Respondent is not resolved by informal resolution or a Respondent’s acceptance of responsibility,[14] the Title IX Coordinator or a designee will convene a resolution panel at the conclusion of an investigation to determine whether the Respondent is or is not responsible for violation(s) of the Policy. If the facts surrounding a report of Other Sexual Misconduct also involve other alleged violation(s) of University policy, including but not limited to student codes of conduct, the resolution panel may also hear such other alleged violations.

 

Each resolution panel will have three members drawn from a trained pool of University faculty and administrators and retired judges or other qualified legal professional selected by the Title IX Coordinator or a designee. Each resolution panel will include two University personnel (faculty and/or administrators) and a retired judge or other qualified legal professional.

 

The Complainant and Respondent will be informed of the resolution panel’s membership before the hearing and shall have the opportunity to object to the participation of any member based on a conflict of interest. All resolution panel members and employees involved in the resolution process shall have received, at a minimum, annual training on issues related to sexual misconduct and on how to conduct a compliant investigation and hearing process that protects the safety of victims and promotes accountability.

 

2. Determination of Responsibility

 

Upon review of the investigative report and any comments submitted by the parties and OIE, the resolution panel 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.

 

In the event that the resolution panel decides to convene a hearing or that either party (or both) elect to make an in person statement to the resolution panel, this will be a closed proceeding, meaning that no one other than the resolution panel members, supporters, and necessary University personnel may be present. If a hearing is convened, the Complainant and Respondent, their respective supporter(s), and witnesses called to the hearing will be present in the hearing room only when making a statement or being questioned by the resolution panel. The Complainant and Respondent will be given the opportunity to view or hear the evidence stage of the hearing from separate rooms via closed-circuit television or similar video or audio transmission. The deliberations of the resolution panel will be closed and private.

 

In general, hearings will proceed as follows, although the resolution panel has discretion to alter the order or manner in which it hears or receives evidence:

  • Opening statement by the Complainant
  • Opening statement by the Respondent
  • Questioning of the Complainant by the panel
  • Questioning of the Respondent by the panel
  • Questioning of witnesses by the panel
  • Questioning of the investigators by the panel
  • Closing statement by the Complainant
  • Closing statement by the Respondent

 

The resolution panel may set reasonable time limits for any part of the hearing. The resolution panel may also determine the relevance of, place restrictions on, or exclude any witnesses or information. Formal rules of evidence do not apply.

 

Additional hearing rules include:

  • Prior Conduct Violations: The resolution panel will generally not consider evidence of any prior incident, but the resolution panel has discretion to consider evidence of any prior incident(s) that involved conduct substantially similar to the allegation(s) being investigated or demonstrates a common pattern of behavior.
  • Audio or Video Recording: The University will make an audio and/or video recording of the hearing for the use of the resolution panel, for sanctioning, and for purposes of appeal. The resolution panelists, the Title IX Coordinator, and/or the Vice Provost for Student Affairs may request a transcript and recording of the hearing. The parties may not record any part of the investigation or hearing.

 

The resolution panel in student Respondent cases will use the preponderance of the evidence standard to determine Respondent’s responsibility for alleged Policy violations.

 

Determinations of responsibility by the resolution panel are made by majority vote; determinations as to the appropriate sanction are also made by majority vote, except where the sanction in question is expulsion or a revocation of a degree, for which unanimity is required.

 

If the resolution panel finds the Respondent not responsible, it will simultaneously send its determination, with the reasons for its decision, to the Complainant and Respondent, with a copy to the Title IX Coordinator. If the resolution panel finds the Respondent responsible, it will proceed to the sanctioning phase, described below.

 

Whatever the outcome of the resolution process, either party may request ongoing or additional accommodations, and the Title IX Coordinator will determine whether such accommodations are appropriate. Potential ongoing accommodations include, but are not limited to: (1) providing a security escort; (2) assistance with moving residences; (3) changing academic schedules; adjusting work schedules; (5) allowing withdrawal from or re-taking a class without penalty; (6) providing access to tutoring or other academic support, such as extra time to complete or re-take an examination; and (7) directing that the parties have no contact with one another.

 

3. Sanctioning

 

This section “Sanctioning” applies to all cases involving Other Sexual Misconduct, irrespective of whether the Complainant or Respondent is a student or faculty or staff member.

 

The resolution panel, in consultation with the Title IX Coordinator, is responsible for sanctioning student Respondents found responsible for violating the Policy. Student affairs personnel will coordinate with the resolution panel and the dean of the Respondent’s school to ensure that the resolution panel has access to and assesses all relevant information.

 

The resolution panel in student Respondent cases (or appropriate administrator/panel/board in faculty/staff Respondent cases) may consider the following factors in the sanctioning process:

  • The specific misconduct at issue;
  • The circumstances accompanying any lack of consent (e.g., force, threat, coercion, intentional incapacitation, etc.);
  • The Respondent’s state of mind (bias-motivated, reckless, negligent, etc.);
  • The Respondent’s prior disciplinary history;
  • The safety of the University community;
  • Impact or mitigation statement by one or both parties;
  • The Respondent’s conduct during the investigation and resolution process; and
  • Such other factors as the resolution panel deems appropriate.

 

In appropriate cases, e.g., where the administrator/panel/board finds that the Respondent poses a threat to the Complainant or to campus safety, the administrator/panel/board, in consultation with the Title IX Coordinator, may impose interim sanctions before issuing a decision.

 

The administrator/panel/board will impose sanctions that are fair and appropriate, consistent with the University’s handling of similar cases, adequate to protect the safety of the campus community, and reflective of the seriousness of the misconduct at issue. The administrator/panel/board may impose any one or more of the following sanctions on a Respondent found responsible for Other Sexual Misconduct , or other such appropriate sanction as the circumstances may dictate:

  • Reprimand/warning;
  • Changing the Respondent’s academic or employment schedule;
  • Disciplinary probation;
  • Revocation of honors or awards;
  • Loss of privileges;
  • Imposition of conditions of employment;
  • Restricting access to University facilities or activities, including student activities and campus organizations;
  • Mandatory training;
  • Service hours;
  • Alcohol and/or drug assessment or counseling;
  • Issuing a “no contact” order to the Respondent or requiring that an existing order remain in place;[15]
  • Moving the Respondent’s residence on campus;
  • Dismissal, termination or restriction from University employment;
  • Making a former University employee or student (including those expelled or terminated pursuant to these sanctions) ineligible for hire or rehire by the University;
  • Removal from student housing;
  • Demotion or other removal from a management, supervisory or leadership role(s);
  • A full or partial ban from campus (either limited time or indefinite);
  • Transcript notations;
  • Deferred suspension;
  • Restriction from University sponsored or affiliated events;
  • Pay reduction;
  • Loss of raise;
  • Loss of supervision or oversight duties;
  • Referral for further sanctioning pursuant to applicable policies and/or procedures;
  • Employment record notations, including an ineligibility for rehire notation;
  • Suspension;
  • Expulsion; and
  • Revocation of degree.

 

The administrator/panel/board will simultaneously send its determination of responsibility and sanction(s), with the reasons therefor, to the Complainant and Respondent, with a copy to the Title IX Coordinator. The administrator’s/panel’s/board’s notice to the Complainant and Respondent shall describe the University’s appeal procedures, if any.

 

The administrator/panel/board may recommend, and the Title IX Coordinator may implement, additional measures that are designed to prevent the recurrence of sexual misconduct or respond to the effects of the sexual misconduct on the University community that include, but are not limited to:  increased monitoring, supervision, or security at locations or activities where the sexual misconduct occurred; additional training and/or educational materials for students or groups; revision of the Policy; and campus climate surveys.

 

The administrator/panel/board may also recommend, and the Title IX Coordinator may implement, additional measures to remedy the effects of the sexual misconduct on the Complainant. These measures, which should be considered regardless of what interim measures were instituted, include but are not limited to: providing an escort for passage between classes and activities; ensuring the Complainant and Respondent do not share classes or extracurricular activities; moving the Respondent or Complainant (if the Complainant requests to be moved) to a different on-campus residence hall; providing victim focused services including medical, counseling and academic support services, such as tutoring; and arranging for the Complainant to have extra time to complete or re-take a class or withdraw from a class without an academic or financial penalty.

 

4. Appeals

 

Both parties have the right to appeal the resolution panel’s finding of responsibility and/or imposition of sanction(s). A party has seven (7) calendar days from receipt of the resolution panel’s determination to appeal. Any appeal must be filed in writing with the Vice Provost for Student Affairs or a designee, who will decide all appeals. 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 sole 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).

 

If the Vice Provost for Student Affairs or designee concludes that a change in the resolution panel’s responsibility or sanctioning determination is warranted, they may (1) enter a revised determination; (2) remand the matter to the resolution panel to reconsider its determination or sanction; or (3) remand the matter for further investigation by the investigative team. The Vice Provost for Student Affairs or designee will simultaneously send the appeal determination, with the reasons therefor, to the Complainant and Respondent, with a copy to the Title IX Coordinator. No further appeals are permitted.

 

In faculty and staff Respondent cases that involve a student Complainant, the parties may appeal a determination or sanction.  In faculty and staff Respondent cases that do not involve a student, if divisional or unit procedures allow an appeal with respect to procedural errors, findings or sanctions, such right to appeal shall be available equally to the Complainant and Respondent.

 

5. Notices of Outcome

 

This section “Notice of Outcomes” applies to all Other Sexual Misconduct cases, irrespective of whether the Complainant or Respondent is a student or faculty or staff member.

 

In cases of Other Sexual Misconduct both the Complainant and the Respondent will be notified of the outcome of the complaint in writing simultaneously. In all such cases, this notice will include (a) whether it was found that the alleged misconduct occurred, (b) any sanctions imposed on the Respondent that directly relate to the Complainant, and (c) any steps taken to eliminate a hostile environment and prevent recurrence.  The Complainant should also be notified of (d) any individual remedies offered or provided to the Complainant, and the Respondent should be notified of (e) any remaining sanctions imposed on the Respondent. Additionally, in cases alleging a sexual assault, relationship violence, or stalking, the Complainant and Respondent will be notified of all sanctions imposed against the Respondent, along with rationale for the result and sanctions.

 

In all cases, the notice will also include information on the procedures, if any, for the Complainant and Respondent to appeal the results of the disciplinary proceeding. Subsequent simultaneous written notice will be provided to the Complainant and Respondent if there is any change to the results that occurs prior to the time that such results become final, when such results become final, and the outcome of an appeal, if any.

 

F.       Exclusivity of Process

 

 

These Procedures for Other Sexual Harassment are the exclusive procedures for investigation of Other Sexual Misconduct.

 


 

[1] The University complies with federal, state, and local law regarding sexual misconduct.  This Policy sets forth University policy and procedure, which may be broader or more rigorous than what is required by law.  Nothing in this Policy is intended to waive any legal protections, arguments, or defenses. 
 

[2] The Student Conduct Code does not apply to students and student groups/organizations in the School of Medicine, who should visit the graduate students and medical students pages for applicable student misconduct policies.

[3] Dating violence is covered by the Policy whether or not it involves sexual conduct.

[4] Domestic violence is covered by the Policy whether or not it involves sexual conduct.

[5] The Title IX Coordinator may also consider a complainant’s request for confidentiality in conjunction with other legal obligations, such as compliance with court orders, governmental investigations and proceedings, and litigation requests related to the complaint.

[6] Matters reported to OIE on or after August 14, 2020 will be handled under this Policy and these Procedures where the allegations of sexual misconduct allegedly occurred on or after August 14, 2020.  For any matters reported to OIE prior to August 14, 2020, or which concern allegations of sexual misconduct that allegedly occurred prior to August 14, 2020, OIE will apply the policy and procedures that were in effect until August 14, 2020.

[7] Education program or activity includes locations, events or circumstances over which the school exercised substantial control over both the respondent and the context in which the alleged Title IX Sexual Harassment occurred, and also includes any building owned or controlled by a student organization that is officially recognized by the University.

[8] In the event that a Formal Complaint includes allegations of “Other Sexual Misconduct” and/or Non-Title IX Discrimination and Harassment, as well as allegations of Title IX Sexual Harassment, OIE will proceed as follows:  To the extent reasonably possible, as determined by the Title IX Coordinator, the Title IX Sexual Harassment claims will be separated from the other claims and evaluated pursuant to the Title IX Sexual Harassment Procedures, while the remaining claims will be evaluated pursuant to other applicable procedures (such as those for “Other Sexual Misconduct” or the Discrimination and Harassment Policy and Procedures).  However, where the Title IX Coordinator determines that the Title IX Sexual Harassment claims are too intertwined with the other claims to reasonably be separated, all of the claims will be evaluated pursuant to the Title IX Sexual Harassment Procedures.  

[9] The Procedures for Title IX Sexual Harassment will be utilized for applicable matters reported to the Office of Institutional Equity (“OIE”) on or after August 14, 2020 where the allegations of Title IX Sexual Harassment allegedly occurred on or after August 14, 2020.  For any matters reported to OIE prior to August 14, 2020, or which concern allegations of Title IX Sexual Harassment that allegedly occurred prior to August 14, 2020, OIE will apply the policy and procedures that were in effect until August 14, 2020.

[10] Where the Respondent is a faculty member, the only available sanction for a policy violation(s) will be referral for further sanctioning pursuant to applicable policies and/or procedures.  Should this sanction be imposed, both parties will be informed of subsequent processes and sanctions issued as appropriate and required by law. 

[11] All reported violations of “no contact” orders will be assessed to determine whether additional misconduct charges are warranted.

[12] The Procedures for Other Sexual Misconduct will be utilized for applicable matters reported to the Office of Institutional Equity (“OIE”) on or after August 14, 2020 where the allegations of Other Sexual Misconduct allegedly occurred on or after August 14, 2020.  For any matters reported to OIE prior to August 14, 2020, or which concern allegations of Other Sexual Misconduct that allegedly occurred prior to August 14, 2020, OIE will apply the policy and procedures that were in effect until August 14, 2020.

[13] These procedures do not apply to cases where the Respondent is a post-doctoral fellow, resident, or Peabody Preparatory School student.

[14] If a Respondent does accept responsibility, a resolution panel will be convened to determine appropriate sanction. 

[15] All reported violations of “no contact” orders will be assessed to determine whether additional misconduct charges are warranted.

 

 

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

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination based on gender in educational programs which receive federal financial assistance. Programs and activities which may be included are: admissions, recruitment, financial aid, academic programs, athletics, housing and employment. Title IX also protects community members from unlawful sexual harassment - including sexual violence - in school programs and activities. Here are a few additional facts about Title IX:

  1. Title IX is a civil right that prohibits sex discrimination in education.
  2. Title IX applies to all community members regardless of gender identity.
  3. All schools receiving federal funding, including K-12 and the majority of colleges, are subject to Title IX.
  4. Schools cannot discourage complainants from continuing their education or employment.
  5. Where appropriate, schools can issue no contact directives.
  6. Schools must have an established procedure for handling complaints of sex discrimination, sexual harassment and sexual assault.
  7. Schools may not retaliate against someone filing a complaint and must address retaliatory harassment or behavior.
  8. Schools must be proactive to prevent sex discrimination.

Johns Hopkins University (JHU) Title IX Coordinator

Any student, faculty, staff member, or applicant for admission or education who has concerns about sex discrimination or sexual misconduct is encouraged to seek the assistance of a Title IX coordinator.

Title IX Coordinator

Joy Gaslevic, JHU’s Assistant Vice Provost & Title IX Coordinator, oversees and provides leadership for the University’s Title IX activities. Ms. Gaslevic oversees investigations of Title IX complaints filed by faculty, staff and graduate students. She also oversees the University’s education and training activities related to sex discrimination (including sexual misconduct). Individuals with questions, concerns or a complaint related to Title IX are encouraged to contact the University’s Title IX Coordinator:

Joy Gaslevic, JD
Johns Hopkins University
Wyman Park Building, Suite 515
3400 North Charles Street
Baltimore, Maryland 21218
 
Phone: 410.516.8075
TTY: 711, MD Relay
Fax: 410.516.5300