UMGC Procedures P-VI-1.60 Adjudicative and Investigative Procedures for Title IX and Sexual Misconduct Cases

Purpose and Scope

The University of Maryland Global Campus ("UMGC") is committed to providing a working and learning environment free from Sexual Misconduct. Title IX of the Education Amendments of 1972 (Title IX) prohibits sex-based discrimination. Sexual Misconduct that falls outside of Title IX is also addressed under these procedures. Certain behaviors addressed by these procedures may constitute criminal activity. UMGC prohibits and has zero-tolerance for Sexual Misconduct in any form, including, sexual harassment, sexual violence, dating violence, domestic violence, sexual exploitation, sexual intimidation, and sexual coercion. Once UMGC receives Actual Knowledge of potential Sexual Misconduct, UMGC will take immediate and appropriate action to eliminate it, prevent its recurrence, and address its discriminatory effects.

The Title IX Coordinator is responsible for coordinating the UMGC's efforts to comply with and carry out its responsibilities under Title IX, and UMGC VI-1.60 policy. The Title IX Coordinator may have a legal obligation to report a crime to local law enforcement. UMGC's Title IX Coordinator is:

Jamie Thayer
E-mail: titleixcoordinator@umgc.edu
Office: 800-888-8682, ext. 17930
UMGC Headquarters
3501 University Blvd, East
Office of Community Engagement & Opportunity
Adelphi, MD 20783

The Office of Community Engagement & Opportunity is responsible for overseeing UMGC's training and educational programs related to Sexual Misconduct. To learn more about various resources, on-going training initiatives, and education programs for students, faculty and staff; please contact OCEO via email at communityengagementandopportunity@umgc.edu or by telephone at 301-985-7940.

All persons involved in responding to, investigating, or adjudicating Sexual Misconduct reports, or who are involved in the Sexual Misconduct complaint investigation and resolution processes, will participate in annual training that includes information about intake, investigation and adjudication of Sexual Misconduct complaints under UMGC's policies and procedures.

UMGC has jurisdiction over Title IX and Sexual Misconduct complaints made in connection with its programs and activities, and these procedures apply to all members of the UMGC community, which includes students, faculty, and staff. It also applies to contractors and other third parties within UMGC's jurisdiction. UMGC's jurisdiction applies to Sexual Misconduct that occurs in any UMGC education program or activity that:

• Takes place on UMGC premises, in any UMGC facility, or on UMGC property, whether stateside or overseas;
• Takes place at any UMGC sponsored, recognized, or approved program, visit, or activity;
• Impedes equal access to any UMGC education program or activity or that adversely impacts the education or employment of a member of the UMGC community; or

• Otherwise threatens the health and/or safety of a member of the UMGC community.

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

These procedures may also apply to the effects of off-campus misconduct that limit or deny a person’s access to UMGC’s Education Program or Activities. UMGC may also extend jurisdiction to off-campus and/or to online conduct when the conduct affects a substantial UMGC interest.

Definitions

See UMGC Policy VI-1.60 UMGC Policy on Title IX and Sexual Misconduct for defined terms.

Procedures

These procedures provide for the prompt and equitable investigation and adjudication of complaints of sexual misconduct of which UMGC has Actual Knowledge, as well as ensure that UMGC is compliant with federal and State law and UMGC’s Policy VI-1.60 Title IX and Sexual Misconduct Policy (hereinafter referred to as the Policy).

“Actual Knowledge” as also defined in the Policy, means notice of Sexual Misconduct or allegations of Sexual Misconduct has been given to UMGC’s Title IX Coordinator or a designated official of UMGC, as identified in the Policy, who has the authority to institute corrective measures on UMGC’s behalf.

While prompt reporting may aid an investigation, there is no time limit imposed as to when a Formal Complaint may be initiated against a current student, provided they were a UMGC student at the time of the alleged incident.

1. Formal Complaint Process

   The basic requirements of the Formal Complaint process are that Complainants and Respondents are treated equitably.

   For Complainants, this means that if a finding of responsibility for Sexual Misconduct has been made against Respondent(s), the remedies provided restore or preserve Complainant’s access to UMGC’s educational programs or activities.

   For Respondents, and equitable resolution means that due-process protections are included before the imposition of any disciplinary sanctions.

   Any person, including but not limited to a student; a member of the faculty, administration, or staff; a visitor or guest to a UMGC location, alleging Sexual Misconduct against a UMGC student may submit a report to the Title IX Coordinator. Additionally, UMGC, on its own, may initiate, investigate, and adjudicate complaints of Sexual Misconduct under these procedures. These procedures also address reports of Retaliation.

   A Sexual Misconduct incident that is not applicable under the Title IX definition of Sexual Harassment of the Policy may be applicable under the policies VI-1.60 - Title IX and Sexual Misconduct Policy or VI-1.00 Non-Discrimination and Anti-Harassment.

2. Reporting Sexual Misconduct
   1. A Formal Complaint is required to initiate either the Investigation and Adjudicative Hearing process or UMGC’s Informal Resolution process.
   2. In response to a Formal Complaint, UMGC shall follow the process described in this procedure.
      1. Without a Formal Complaint, neither the Investigation and Adjudicative Hearing process nor UMGC’s Informal Resolution process may commence.
      2. The Formal Complaint does not have to follow a specific format:
         1. Complainants may submit a Formal Complainant via an UMGC’s provided Complaint Form or by physically or digitally signing a document and submitting it in person, by mail, or by e-mail to the Title IX Coordinator or an Official with Authority as identified in the Policy.
            • A Formal Complaint means “a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that UMGC investigate the allegation of sexual harassment. At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in UMGC’s educational programs or activities.
            • Under certain circumstances the Title IX Coordinator may also sign the Formal Complaint, but that act does not make the Title IX Coordinator the “Complainant” For example, the Title IX Coordinator may be required to sign a Formal Complaint to initiate an investigation and adjudication of Sexual Harassment allegations to protect UMGC’s educational community or otherwise avoid being deliberately indifferent to known Sexual Harassment.
            • The Title IX Coordinator has the discretion to initiate the Investigation and Adjudication process with or without the Complainant’s desire to participate to provide a non- deliberately indifferent response to the allegations, which requires an investigation.
            • The Title IX Coordinator’s decision to sign a Formal Complaint may occur only after the Title IX Coordinator has promptly contacted the Complainant (i.e., the person alleged to have been victimized by Sexual Harassment) to discuss available supportive measures, Consider Complainant’s wishes with respect to supportive measures, and explain to Complainant the process for filing a Formal Complaint.
            • The Title IX Coordinator’s decision to sign a Formal Complaint includes considering Complainant’s wishes regarding how UMGC should respond to the Complainant’s allegations.
   3. When an incident of Sexual Misconduct against a UMGC student is reported to the Title IX Coordinator or a UMGC Official with Authority as defined by the Policy via UMGC’s Complaint Form; by physically or digitally signing a document and submitting it in person, by mail, or by e-mail; or by verbally reporting in person or by telephone, UMGC is on Notice and it will take immediate and appropriate action to investigate the report or otherwise determine what occurred. UMGC will initiate the following steps:
      1. Notice of the Charges
         1. Upon receipt of a Formal Complaint, UMGC must give Written Notice to the known parties, which describes:
            • The Investigation and Adjudication process
              
              • The allegations constituting a potential violation of the Policy, including sufficient details and time to permit Respondent to prepare for an initial interview.
              • The Written Notice shall include a statement that Respondent is presumed not responsible,
              • The Written Notice shall inform the parties that they may review evidence.
              • The Written Notice shall also warn the parties of any provision in UMGC’s Student Code of Conduct policy that prohibits false statements or providing false information during this Student Process.
3. Preliminary Steps by the Title IX Coordinator.
   1. The Title IX Coordinator will engage in a meaningful dialogue with Complainant and Respondent to determine which supportive measures may restore or preserve equal access to the education program or activity without unreasonably burdening the other Party, including measures designed to protect the safety of all parties or UMGC’s educational environment, or deter Sexual Misconduct. If Complainant desires supportive measures, UMGC can, and should, keep Complainant’s identity confidential (including from the Respondent), unless disclosing the Complainant’s identity is necessary to provide supportive measures for the Complainant (e.g., where a no-contact order is appropriate and the Respondent would need to know the identity of Complainant in order to comply with the no- contact order, or UMGC security is informed about the no-contact order in order to help enforce its terms). Additionally, the Title IX Coordinator will specifically:
      1. Review and provide Complainant and Respondent with a copy of the Policy and Investigative Procedures.
      2. When applicable notify Complainant of the right to contact law enforcement.
      3. When applicable identify for Complainant available medical treatment resources.
      4. Inform Complainant about the importance of preserving evidence.
      5. Inform Complainant and Respondent about their right to have an Advisor or support person present during any meeting throughout the process.
      6. Provide Complainant with a copy of the Notice of Rights for Complainants.
      7. Provide Respondent with a copy of the Notice of Rights for Respondents
      8. Explain to Complainant and Respondent UMGC’s policy prohibiting Retaliation.

1. Mandatory Dismissal of a Formal Complaint.
2. The Title IX Coordinator must dismiss the formal complaint or any allegations therein for the following reasons:
   1. The conduct alleged in the Formal Complaint would not constitute Title IX Sexual Harassment as defined above, even if proven
   2. The Sex-based conduct did not occur in UMGC’s Education Program or Activity (including buildings or property controlled by recognized student organizations) and/or UMGC does not have control of the Respondent
   3. The Sex-based conduct did not occur against a person in the United States
   4. The Complainant alleging Sex-based conduct is not participating in or attempting to participate in UMGC’s Education Program or Activity at the time of filing the Formal Complaint, and based on the available information, the Title IX Coordinator has determined that they do not need to sign a Formal Complaint on behalf of UMGC

   5. Mandatory dismissal under this Paragraph does not preclude UMGC from assessing whether the alleged conduct may violate UMGC policies VI-1.60 - Title IX and Sexual Misconduct Policy, VI-1.00 Non-Discrimination and Anti-Harassment, or V-1.03 Code of Student Conduct.

   6. Discretionary Dismissal of a Formal Complaint

   7. Both Complainant and Respondent will be notified in writing if the Title IX Coordinator dismisses a formal complaint for any of the above reason(s).

   8. The Title IX Coordinator may dismiss the complaint if at any time during the investigation or hearing:
      1. Complainant notifies the Title IX Coordinator in writing that Complainant would like to withdraw the Formal Complaint or any allegations therein.
      2. Respondent is no longer enrolled or employed at UMGC.
      3. Specific circumstances prevent UMGC from gathering evidence sufficient to reach a determination as to the allegations.

1. Either Party may appeal the Dismissal in writing, within five (5) calendar days of the date of written notification.
2. The appeal will be reviewed in an equitable manner by an impartial Appeal Decision-maker. The person designated to review the appeal will have received specific training and experience with Sexual Misconduct matters.
3. Upon receipt of an appeal, a copy of the appeal will be sent to the non-appealing Party within one (1) business day. The non-appealing party will have three (3) business days to submit a written response.
4. If an extenuating circumstance may warrant an extension, a request for an extension to appeal must be submitted in writing no later than the original deadline for the Appeal. Such requests will be evaluated on a case-by-case basis by the person designated to review the appeal. If a request for extension is granted to the appealing Party, the non-appealing Party will be provided the same amount of additional time to submit the Response to the Appeal.
5. Appeals or responses submitted after the deadlines without an extension having been granted will be denied.
6. A written decision will be issued within 10 business days after receiving the appeal and appropriate action will be taken.
7. A copy of the appeal letter and the appeal decision shall be forwarded to the Title IX Coordinator for the file.

1. The appeal shall consist of a plain, concise, and complete written statement outlining the grounds for appeal, all relevant information to substantiate the basis for the appeal, and appellant’s desired outcome. The appeal shall not exceed five (5) double-spaced pages with a minimum 12-point font.
2. Dissatisfaction with the outcome is not a valid basis for appeal.
3. Grounds for appeal are limited to the following:
   1. Procedural error that significantly affected the outcome.
   2. New evidence that is substantial enough to alter the facts and that could not have been previously discovered and presented by the appellant through reasonable diligence.
   3. The Title IX Coordinator had a conflict of interest or bias for or against Complainant or Respondent, which affected the outcome.
4. A response to an appeal shall consist of a plain, concise, and complete written statement outlining the reasons that the appeals should be denied, all relevant information to substantiate the basis for the response, and non-appealing Party’s desired outcome. The response shall not exceed 5 double-spaced pages with a minimum 12-point font.
5. If both Parties appeal, each party is permitted to file a response to the other Party’s appeal.
6. Exclusion of Improper Information Submitted on Appeal.
   1. Any information submitted by the appealing or non-appealing Party that is not relevant or material to one of the specified grounds for appeal, the information will be excluded. The basis for the exclusion of any information will be included in the Appeal Decision letter.
   2. Burden of Proof
      1. In any request for an appeal, the burden of proof lies with the appealing Party, as the Decision to Dismiss is presumed to have been decided reasonably and appropriately.
7. Outcome of Appeal
   1. May affirm or alter the original decision to Dismiss.
   2. Appeal Decisions pertaining to Dismissal are final.
   3. A copy of the appeal letter and the appeal decision shall be forwarded to the Title IX Coordinator for the file.

1. The Title IX Coordinator may offer an Informal Resolution, subject to both parties’ voluntary written consent, if and Informal Resolution is the appropriate response to eliminate a hostile environment.
   1. Informal Resolution includes but is not limited to targeted or broad-based educational programming or training, direct confrontation of Respondent and/or indirect action by the Title IX Coordinator or UMGC.
      1. Informal resolutions may also result in disciplinary measures designed to punish Respondent.
2. To proceed with Informal Resolution, the Title IX Coordinator shall provide the parties with “written notice disclosing: the allegations, the requirements of the Informal Resolution process including the circumstances under which it stops the parties from resuming a Formal Complaint arising from the same allegations."
3. Informal resolution cannot be used:
   1. In cases of sexual violence.
   2. To resolve allegations that an employee sexually harassed a student.
   3. By UMGC or the parties as a method to waive the live hearing component of the Formal Complaint process.
4. Informal resolution agreements shall be treated as agreements:
   1. The parties are free to negotiate the terms of the agreement and once the agreement is entered into it becomes binding according to its terms.
5. Except for the circumstances described in paragraph VII. 4.a., at any time prior to agreeing to an informal resolution, any party has the right to withdraw from the Informal Resolution process and resume the Formal Complaint process.

1. The Pre-Hearing investigation will provide a prompt, thorough, impartial, and equitable gathering of the facts. All individuals interviewed during the Investigation, including the Parties and any witnesses, will be treated with appropriate sensitivity and respect. Consistent with the need for a full assessment of the facts, the investigation will safeguard the confidentiality of the individuals involved as much as possible. However, efforts to safeguard the confidentiality of Parties and witnesses shall not restrict their rights to discuss the allegations being investigated or to gather and present relevant evidence.
2. Title IX Coordinator will provide written notice, in the form of a Notice of Investigation, to both Parties prior to interviews. The Notice of Investigation will include the following information:
   1. A meaningful summary of all allegations
   2. The names of the involved Parties (if known)
   3. The precise misconduct being alleged
   4. The date and location of the alleged incident(s) (if known)
   5. The specific policies/offenses implicated
   6. A description of, link to, or copy of the applicable procedures
   7. A statement that UMGC presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a Final Determination that the Policy has been violated
   8. The name(s) of the Investigator(s), along with a process to notify the Title IX Coordinator of any conflict of interest that the Investigator(s) may have in advance of the interview process
   9. A statement that determinations of responsibility are made at the conclusion of the process and that the Parties will be given an opportunity during the review and comment period to inspect and review all Relevant and Directly Related Evidence obtained
   10. A statement of the potential sanctions/responsive actions that could result
   11. A statement about UMGC’s policy on Retaliation
   12. Information about process confidentiality
   13. A statement informing the Parties that UMGC’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Formal Grievance Process
   14. Information about how a party may request disability accommodations or other support assistance during the Formal Grievance Process
   15. A link to UMGC’s VAWA Brochure
   16. An instruction to preserve any evidence that is directly related to the allegations
   17. Information on the need for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor
       1. The Parties have the right to be assisted by an Advisor of their choice throughout the investigation and adjudication of a Formal Complaint.
       2. Advisors may not be a witness or other party in the proceeding.
       3. Advisors may accompany the parties to any meeting or interview.
       4. Parties may not have more than two people, including an Advisor, at any meeting or interview.
3. Advisor Roles: In addition to attending meetings and interviews, Advisors are permitted to assist parties through:
   1. Private consultations with the party during meeting and interviews.
   2. Providing advice to the party in a non-disruptive manner (such as communicating in writing).
   3. Assisting a party’s exercise of any right during the investigative and adjudicative process.
   4. If a Party wishes to have an Advisor accompany the Party to a meeting or interview, Parties are asked to give notice to the Title IX Coordinator or Investigator at least twenty-four (24) hours prior to any meeting or interview that an Advisor will attend. Parties may select and retain an Advisor at any time before the conclusion of a Formal Complaint is resolved.
   5. Advisors have no speaking role in a meeting or interview and are not permitted to ask or answer questions.
   6. All communication regarding resolution of the Formal Complaint will be directed to the Parties.
   7. UMGC will only respond to communications received from the Parties.
   8. An Advisor will not be permitted to communicate on a Party’s behalf except at the Hearing Stage as discussed in Paragraph IX of these Student Procedures.
   9. In the context of serving as an Advisor their statements are not made on behalf of UMGC but are solely made as an Advisor for a Party.
   10. When a Party chooses an Advisor, the Party should ask for the individual’s consent to serve in that capacity before divulging any confidential information.

   11. MHEC-Provided Attorneys. The Maryland Higher Education Commission (MHEC) provides for licensed attorneys who have indicated that they will represent Complainants and Respondents (who are current students or were students at the time of the underlying alleged Sexual Misconduct), in Title IX proceedings on a pro bono basis or for reduced legal fees. The following is a link to MHEC’s Attorney-List.aspx. Parties who seek representation from MHEC provided attorneys are not responsible for the cost of legal services provided. Attorneys representing Parties in Title IX proceedings are reimbursed directly from MHEC’s Legal Representation Fund for Title IX Proceedings, subject to the availability of funding. Parties who seek representation from an MHEC identified attorney may also contact MHEC at TitleIXproceedings.mhec@maryland.gov

       Parties may be represented by private counsel or through other legal service agencies or organizations. If a Party chooses to be represented by an attorney that is not on MHEC’s list of attorneys (described above), MHEC shall pay fees to the attorney selected by the Party that are equivalent to those paid to attorneys under civil legal services programs administered by the Maryland Legal Services Corporation. Information regarding compensation for attorneys not on MHEC’s list is available at here.

1. At the commencement of the Investigation, the Title IX Coordinator will provide the assigned Investigator(s) with:
   
   1. A copy of the Formal Complaint.
   2. A copy of the Title IX Coordinator’s notes from preliminary meeting with Complainant to discuss Complainants’ allegations.
   3. A copy of the Title IX Coordinator’s notes from preliminary meeting with Respondent to discuss Respondent’s response to Complainant’s allegations.
   4. Title IX Coordinator’s notes from each respective meeting will be acknowledged as being an accurate statement of the information conveyed at the time of the meeting.
   5. The Investigation ordinarily will include interviews of the Parties and any witnesses who may have relevant information, unless clearly unreasonable or duplicative of information already gathered; a review of any pertinent documents, medical records, and communications; and may include other actions deemed appropriate by the Investigator(s).
2. Title IX Investigator(s) will contact parties within 48 hours, if practical, to schedule an interview
   1. Title IX Investigator(s) will provide to a party or witness whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of investigative interviews, or other meetings, with sufficient time for the party or witness to prepare to participate.
   2. Title IX Investigator(s), when applicable, will provide both parties and witness(es) equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a Formal Complaint, including the evidence obtained from a party or other source upon which UMGC does not intend to rely in reaching a determination regarding responsibility.
   3. At the beginning of the interview, the Title IX Investigator will explain the following:
      1. Meaning of Confidentiality.
      2. Non-Retaliation provision of the Policy.
      3. Non-recording of the Interview.
      4. Parties and witnesses will be provided with a written copy of their responses to Title IX Investigator’s questions within 48 hours of interview.
      5. Parties and witnesses will be given the opportunity to review, correct and clarify information memorialized in Title IX Investigator’s interview notes.
         1. Parties and witnesses shall acknowledge the accuracy of Title IX Investigator’s interview notes and then return to Title IX Investigator within 48 hours of receipt.
   4. If additional allegations are disclosed to the Title IX Investigator(s) during the Investigation, the Title IX Investigator(s) shall promptly notify the Title IX Coordinator.
      1. The Title IX Coordinator will then follow the steps outlined in paragraph VII of these procedures.
   5. It is expected that the Title IX Investigators will complete the Formal Complaint Investigation within 45 business days.
      1. Limited extension of this time frame for good cause is permitted with written notice to Complainant and Respondent explaining the reason(s) for the time extension. Good cause may include considerations such as:
         1. The absence of a party, a party’s advisor, or a witness.
         2. Concurrent law enforcement activity.
         3. The need for language assistance.
         4. Accommodation of disabilities.

1. Upon completing the investigation, the Title IX Investigator will prepare an Investigative Report (hereinafter referred to as Report). Within the Report, the Title IX Investigator will:
   1. Summarize all interviews conducted.
   2. Describe the relevant information learned during the investigation.
   3. The Investigator may not offer any recommendations as to whether a violation of the Policy occurred.
2. The Report will be provided to the Title IX Coordinator who will ensure that it follows the process’ established these Student Procedures.
   1. Complainant and Respondent will receive access to the Report from the Title IX Coordinator ten (10) business days prior to a scheduled Adjudicative Hearing.
   2. Complainant and Respondent may submit a written response to the Report to the Title IX Coordinator.
      1. The written response may not exceed five (5) pages.
      2. The written response must be submitted within five (5) business days after receiving access to the Report.
   3. Complainants and Respondents are not permitted to share the Report with any individual(s) other than their Advisor.
   4. Complainant may submit an additional written statement regarding the impact (“Impact Statement”) of Complaint’s requested remedies at least two (2) business days before a scheduled Hearing.
      1. The Impact Statement may not exceed five (5) pages and may not be included in the official Case File.
   5. The Respondent may submit a written Mitigation Statement explaining any factors Respondent believes should mitigate or otherwise be considered in determining the sanction(s).
      1. The Mitigation Statement may not exceed five (5) pages and may not be included in the official Case File.
   6. The parties’ respective statements will not be shared with the other party.
   7. The Hearing Panel may only consider the Impact Statement and Mitigation Statement during sanctioning if a Respondent is found “Responsible.”
   8. Once all deadlines have passed to submit materials, the Title IX Coordinator may review all documents to ensure that they follow the process described in these Student Procedures. The Title IX Coordinator will compile the Investigative Report, written responses, and any other materials into the official Case File (“Case File”).
   9. The inclusion of materials into the Case File is at the discretion of the Title IX Coordinator. The Title IX Coordinator may remove and/or redact any materials that they deem necessary to ensure a fair and equitable process, such as, but not limited to character assessments, prejudicial testimony, irrelevant evidence, and/or duplicative information.
   10. In the event there is no evidence in the Report to support the allegations in the Complaint, the Title IX Coordinator may determine not to move the case forward to a hearing.

1. A Decision-maker will review the Case File, conduct a hearing, and determine if Respondent violated the Policy.
   1. The Decision-maker will determine if a violation occurred based on the preponderance of the evidence standard of proof.
2. The Case file, including the Report that fairly summarizes relevant evidence in an electronic format or a hard copy will be provided to the Parties by the Investigator for inspection and review at least ten (10) business days prior to the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.
3. The Title IX Investigator shall be present during the hearing to address Parties’ questions and/or concerns about the Report.
4. At the hearing, the Decision-maker must permit each party’s Advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including questions challenging credibility.
   1. Cross-examination at the hearing must be conducted directly, orally, and in real time by the party’s Advisor of choice and never by a party personally, notwithstanding the discretion of the UMGC under paragraph VIII.C.5. of these procedures to otherwise restrict the extent to which Advisors may participate in the proceedings.
5. At the request of either party, UMGC must provide for the hearing to occur with the parties located in separate rooms with technology enabling the Decision-maker and parties to simultaneously see and hear the party or the witness answering questions.
6. Only relevant cross-examination may be asked of a party or witness. Before a Complainant, Respondent, or witness answers a cross-examination or other question, the Decision-maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.
7. If a party does not have an Advisor present at the hearing, per paragraph VIII.C.11., of these procedures MHEC provides without fee or charge to that party, an attorney to conduct cross-examination on behalf of that party.
8. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’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.
9. If a party or witness does not submit to cross-examination at the hearing, the Decision-maker must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the Decision-maker cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.
10. Hearings may be conducted with all parties physically present in the same geographic location or, at UMGC’s discretion, any or all parties, witnesses, and other participants may appear at the hearing virtually, with technology enabling participants simultaneously to see and hear each other.
11. UMGC shall create an audio or audiovisual recording, or transcript, of any hearing and make it available to the parties for inspection and review.
    1. While the parties have equal opportunity to inspect and review the recording or transcript of a live hearing, the opportunity for inspection and review does not obligate UMGC to send the Parties a copy of the recording or transcript.
12. Determination regarding responsibility.
    1. The Decision-maker must issue a written determination regarding responsibility.
    2. The written determination must include:
       1. Identification of the allegations potentially constituting Sexual Misconduct.
       2. 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.
       3. Findings of Fact supporting the determination.
       4. Conclusions regarding the application of the Policy to the facts.
       5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions to be imposed on Respondent, and whether remedies designed to restore or preserve equal access to UMGC’s education program or activity will be provided to Complainant; and
       6. Notice of the Procedures and permissible bases for Complainant and Respondent to appeal
          1. Written determination of the Appeal must be provided to the parties simultaneously.
       7. The determination regarding responsibility becomes final either on the date that the written determination or the result of the appeal is provided to the parties. If an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
       8. The Title IX Coordinator is responsible for effective implementation of any remedies.
          1. Outcome and Standard of proof. In determining whether the alleged conduct constitutes a violation of the Policy, the Decision Maker(s) will look at the record of the allegations considering the totality of the circumstances based on the information gathered, including but not limited to, the nature of the behavior, the particular facts of the case, the nature of the relationship and interactions between the Parties, and the context in which the alleged conduct occurred. This standard will be applied from the perspective of a reasonable person within UMGC’s community. The standard of proof in all Sexual Misconduct cases initiated under the Policy shall be “preponderance of the evidence” (i.e., that it is more likely than not that the Respondent is responsible for violation(s) of the Policy).

1. Factors the Decision-maker may consider when determining sanctions and responsive actions include, but are not limited to:
   1. The nature, severity of, and circumstances surrounding the violation(s)
   2. The Respondent’s disciplinary history
   3. The need for sanctions/responsive actions to bring an end to the Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct
   4. The need for sanctions/responsive actions to prevent the future recurrence of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct
   5. The need to remedy the effects of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct on the Complainant and the community
   6. The impact on the Parties
   7. The Respondent’s acknowledgement of responsibility or contrition
   8. Any other information deemed relevant by the Decision-maker
2. The sanctions will be implemented as soon as is feasible once a Determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.
3. The sanctions described in the Procedures are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.
   1. Student Sanctions
      1. Verbal reprimand
      2. Written reprimand
      3. Required training or education
      4. Disciplinary probation
      5. Restitution
      6. Suspension in abeyance
      7. Suspension
      8. Expulsion
      9. Other sanctions as deemed appropriate to address the circumstances.
   2.  Employee Sanctions
      1. Verbal or Written Warning
      2. Performance Improvement Plan/Management Process
      3. Enhanced Supervision, Observation, or Review
      4. Required Counseling
      5. Required Training or Education
      6. Probation
      7. Denial of Pay Increase/Pay Grade
      8. Loss of Oversight or Supervisory Responsibility
      9. Demotion
      10. Transfer
      11. Shift or schedule adjustments
      12. Reassignment
      13. Delay of (or referral for delay of) Tenure Track Progress
      14. Assignment to a New Supervisor
      15. Restriction of Stipends, Research, and/or Professional Development Resources
      16. Suspension/Administrative Leave with Pay
      17. Suspension/Administrative Leave without Pay
      18. Termination
      19. Other Actions: In addition to, or in place of, the above sanctions/responsive actions, UMGC may assign any other responsive actions as deemed appropriate
4. Withdrawal or resignation before complaint resolution:
   1. Students:

      1. Should a Respondent decide not to participate in the Formal Grievance Process, the process proceeds absent their participation to a reasonable resolution. If a Student Respondent withdraws from UMGC, the Formal Grievance Process typically ends with a dismissal, as UMGC has lost primary disciplinary jurisdiction over the withdrawn Student. However, UMGC may continue the Formal Grievance Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Sexual Misconduct.

         Regardless of whether the Formal Complaint is dismissed or pursued to completion of the Formal Grievance Process, UMGC will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

         When a Student withdraws or takes a leave of absence while the process is pending, the Student may not return to UMGC in any capacity until the Formal Complaint is resolved and any sanctions imposed are satisfied. If the Student indicates they will not return, the Title IX Coordinator has discretion to dismiss the Formal Complaint and bar the Student from returning. The Registrar, Office of Admissions, and HR may be notified accordingly.

         If the Student Respondent takes a leave of absence for a specific period of time, the Formal Grievance Process may continue remotely. If found in violation, the student is not permitted to return to UMGC unless and until all sanctions, if any, have been satisfied.

   2. Employees

      1. Should an Employee Respondent decide not to participate in the Formal Grievance Process, the process proceeds absent their participation to a reasonable resolution. If an Employee Respondent leaves their employment with UMGC with unresolved allegations pending, the Formal Grievance Process typically ends with dismissal, as UMGC has lost primary disciplinary jurisdiction over the former Employee. However, UMGC may continue the Formal Grievance Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

         Regardless of whether the Formal Complaint is dismissed or pursued to completion of the Formal Grievance Process, UMGC will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

         When an Employee resigns and the Formal Complaint is dismissed, the Employee may not return to UMGC in any capacity. The Registrar, Office of Admissions, and HR will be notified accordingly. A note will be placed in the Employee’s file that they resigned with allegations pending and are not eligible for academic admission or rehire with UMGC. The records retained by the Title IX Coordinator will reflect that status.

1. Either Party may appeal the Outcome, including the finding of responsible or not responsible and/or the sanctions, in writing, within 10 calendar days of the date of written notification.
2. The appeal will be reviewed in an equitable manner by an impartial Appeal Decision-maker. The person designated to review the appeal will have received specific training and experience with Sexual Misconduct matters.
3. Upon receipt of an appeal, a copy of the appeal will be sent to the non-appealing Party within one (1) business day. The non-appealing party will have three (3) business days to submit a written response.
4. If an extenuating circumstance may warrant an extension, a request for an extension to appeal must be submitted in writing no later than the original deadline for the Appeal. Such requests will be evaluated on a case-by-case basis by the person designated to review the appeal. If a request for extension is granted to the appealing Party, the non-appealing Party will be provided the same amount of additional time to submit the Response to the Appeal. Appeals or responses submitted after the deadlines without an extension having been granted will be denied.
5. A written decision will be issued within 30 days after receiving the appeal and appropriate action will be taken.
6. A copy of the appeal letter and the appeal decision shall be forwarded to the Title IX Coordinator for the file.

Requirements for Appeal and Response to Appeal

The appeal shall consist of a written statement outlining the grounds for appeal, all relevant information to substantiate the basis for the appeal, and appellant’s desired outcome. The appeal shall not exceed 10 double-spaced pages with a minimum 12- point font. Dissatisfaction with the Outcome is not a valid basis for appeal.

1.  Grounds for appeal are limited to the following:
   1.  Procedural error that significantly affected the outcome.
   2. New evidence that is substantial enough to alter the facts and findings and that could not have been previously discovered and presented by the appellant through reasonable diligence.
   3. Disproportionate sanction such that the sanction was either too severe or not severe enough as compared to the findings and facts of the case.
   4. The Title IX Coordinator, Investigator or a Decision Maker had a conflict of interest or bias for or against Complainant or Respondent, which affected the outcome.
   5. A response to an appeal shall consist of a plain, concise, and complete written statement outlining the reasons that the appeals should be denied, all relevant information to substantiate the basis for the response, and non-appealing Party’s desired outcome. The response shall not exceed 10 double-spaced pages with a minimum 12-point font.
   6. If both Parties appeal, each party is permitted to file a response to the other Party’s appeal.
   7. Exclusion of Improper Information Submitted on Appeal.
      1. Any information submitted by the appealing or non-appealing Party if it is not relevant or material to one of the specified grounds for appeal, the information will be excluded. The basis for the exclusion of any information will be included in the Appeal Decision letter.
2. Burden of Proof
   1. In any request for an appeal, the burden of proof lies with the appealing Party, as the Notice of outcome reached in Summary of Investigation and Findings (and Sanction, if assigned) are presumed to have been decided reasonably and appropriately.
3. Outcome of Appeal
   1. May affirm or alter the original decision depending on the requested appeal.
      1. If the appeal is based on procedural error, the Formal Complaint may be returned to the Investigator(s) with instructions to cure the error, or, in rare cases where the error cannot be cured, a new investigation may be requested.
         1. If a new investigation is ordered, the Title IX Coordinator will appoint different Investigator(s) to conduct a new investigation in accordance with these Procedures.
         2. The new investigation shall be expedited to the maximum extent possible while ensuring that a thorough and complete investigation is conducted.
      2. In the case of new and relevant information, the case may be remanded to the original Investigator(s) to assess the weight and effect of the new information, conduct any additional investigation as appropriate, and render a revised report after considering the new and relevant information.
      3. If an appeal is based on an assertion that an imposed Sanction was not appropriate to the violation for which the Respondent was found responsible, a decision to affirm or alter the Sanction may be rendered.
      4. If an appeal is based on the assertion of conflict of interest or bias by the Title IX Coordinator, Investigator or Decision-maker, the case may be remanded to an external party for adjudication.
      5. The new adjudication shall be expedited to the maximum extent possible while ensuring that it is thorough and complete.
      6. Appeal Decisions are final unless the case is returned for further adjudication.
      7. If the case is subject to further adjudication, a Party may appeal only the portions of the Outcome that have been subsequently changed.
   2. A copy of the appeal letter and the appeal decision shall be forwarded to the Title IX Coordinator for the file.

Retaliation

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

Related Policies and References

UMGC Code of Student Conduct with respect to sexual misconduct matters.

MGC Employee Grievance Process with respect to sexual misconduct matters.

UMGC Overseas Employee Grievance Process with respect to sexual misconduct matters.

UMGC Faculty Grievance Process with respect to sexual misconduct matters.