Originator: Title IX Coordinator
The University of Maryland Global Campus ("UMGC") is committed to providing a working and learning environment free from Sexual Misconduct. Sexual Misconduct is a form of sex-based discrimination that is prohibited by state and federal laws, including Title IX of the Education Amendments of 1972 (Title IX) and Title VII of the Civil Rights Act of 1964 (Title VII). Certain behavior under this Policy may also 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 Notice 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, Title VII, state laws and this Policy. The Title IX Coordinator may have a legal obligation to report a crime to local law enforcement. UMGC's Title IX Coordinator is:
3501 University Blvd, East
Office of Diversity and Equity, 2316
Adelphi, MD 20783
The Office of Diversity and Equity (ODE) 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 ODE via email at firstname.lastname@example.org 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 policy and procedures.
Inquiries concerning the application of this Policy may be referred to the Title IX Coordinator. Nothing in this policy is intended to supersede or conflict with any federal compliance requirements. This Policy supersedes any conflicting policy and procedures contained in:
UMGC Policy VI-1.00 - Non-Discrimination and Anti-Harassment.
UMGC Policy 151.00 – Code of Student Conduct with respect to sexual misconduct matters. UMGC 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.
Applicability of Policy
UMGC has jurisdiction over Title IX and other Sexual Misconduct complaints made in connection with its programs and activities, and this Policy applies 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:
otherwise threatens the health and/or safety of a member of the UMGC community.
Nothing in this Policy 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. This Policy is 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.
For purposes of this Policy, the following definitions apply:
"Statutory Rape" is nonforcible sexual intercourse with a person who is under the statutory age of consent.
Knowingly making false statements or knowingly submitting false information during the investigative and adjudicative process is expressly prohibited.
Reporting Sexual Misconduct
When provided with Actual Knowledge of Sexual Misconduct in its education programs or activities, UMGC will respond promptly in a manner that is not deliberately indifferent, to correct and remediate the misconduct. A response is "deliberately indifferent" if it is clearly unreasonable considering the known circumstances.
UMGC recognizes that Sexual Misconduct is a sensitive issue for all parties involved and is committed to operating with discretion, and maintaining the privacy of individuals to the greatest extent possible under applicable law.
An individual who has been subjected to Sexual Misconduct is not required to participate in any investigation or adjudicative proceeding. However, UMGC will endeavor to provide supportive services. Except as permitted by FERPA, required by law, or necessary to carry out the purpose of this Policy, UMGC will maintain as confidential any Supportive Measures provided to the parties, to the extent that maintaining confidentiality would not impair the ability to provide measures. Measures designed to ensure confidentiality will not restrict the ability of either party to discuss allegations or gather and present relevant evidence.
Amnesty for Students Who Report Sexual Misconduct
UMGC prohibits student conduct action (except for a mandatory intervention for substance abuse) for a violation of alcohol or drug use policies by a student who reports Sexual Misconduct to UMGC or law enforcement or participates in a Sexual Misconduct matter as a witness, if UMGC determines that:
the violation was not an act that was reasonably likely to place the health or safety of another individual at risk.
This provision is not applicable to UMGC Staff or Faculty.
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, without fee or charge any party or witness in a Title IX matter. To afford a safe and secure environment, either party can also request Supportive measures from the Title IX Coordinator at any time during the investigatory and adjudicatory process, and thereafter. The Title IX Coordinator will determine which measures are available and appropriate on a case-by-case basis.
Supportive measures may include, but are not limited to:
Academic accommodations: expedited review of exception requests for retroactive withdrawals; assistance in arranging withdrawals
Employment Accommodations: temporary reassignment to other work duties and/or responsibilities or another work location
The parties will also be informed about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available at UMGC or in the community.
UMGC strongly encourages individuals who have experienced Sexual Misconduct to seek assistance from one or more of the many external reporting resources, each which provides a range of support services and varying degrees of confidentiality. These resources include, but are not limited to, the National Sexual Assault Hotline, health and counseling services and centers, legal services, and law enforcement. (See Appendix A for contact information or contact UMGC's Title IX Coordinator for information).
While these External resources may provide support services, contacting these External resources does not constitute notice to UMGC and will not cause UMGC to take steps to provide protective measures or trigger an investigation.
Individuals subjected Sexual Misconduct or others are strongly encouraged to contact UMGC's Confidential Employee for assistance in contacting External Support Services and Resources.
Interim Supportive Measures: Reports of Sexual Misconduct in violation of this Policy may require immediate protective measures to protect the safety and well-being of the parties and/or UMGC community pending the outcome of the final investigative and adjudicative processes. Interim Supportive measures may include the following:
No Contact Order. A no contact order is an official UMGC directive that serves as notice to an individual that they must not have verbal, electronic, written, or third-party communications with another individual.
Academic accommodations, such as, assistance in transferring to another course, assistance in arranging for incompletes, expedited processing of Exception Requests.
Employment accommodations, such as, temporary re-assignment, if appropriate, to other work duties and responsibilities, or other work locations, or other work groups/teams or alternative supervision/management.
The standard of review for all complaints based on a violation of this policy is "preponderance of the evidence", which means that based on the totality of the evidence, it is more likely than not that the violation occurred.
If a member of UMGC community (student, faculty, or staff) is subjected to Sexual Misconduct by a third party not affiliated with UMGC on University premises or during University sponsored activities, the matter should be reported to the Title IX Coordinator. UMGC will take available and reasonable steps to address the Sexual Misconduct, prevent its recurrence, and address its effects at UMGC.
Rights of Complainants and Respondents
All parties, including students, will be treated with dignity, respect, and sensitivity by UMGC officials during all phases of the process. The accompanying Procedures are designed to allow for a fair and impartial investigation, as well as prompt and equitable proceedings and resolutions that provide an opportunity for all parties to be heard.
All parties will be given timely written notice of:
the reported violation, including the date, time, and location, if known, of the alleged violation, and the range of potential sanctions associated with the alleged violation;
their rights and responsibilities under this Policy and Procedures and information regarding other civil and criminal options;
the date, time, and location of each hearing, meeting, or interview that the party is required or permitted to attend;
the final determination made by the adjudicating official or body regarding whether a policy violation occurred and the basis for the determination;
any sanction imposed, as permitted by law; and
the rights to appeal and a description of the appeal process.
Throughout the process, all parties will be entitled to participate in the investigation and adjudication of complaints. All parties will be provided with:
Access to the case file and evidence regarding the incident obtained by the institution during the investigation or considered by the adjudicating official or body, with personally identifiable or other information redacted as required by applicable law;
An opportunity to be heard through the process;
An opportunity to submit evidence, witness lists, and suggest specific questions to be posed to the other party involved in the process;
An opportunity to participate without being required to be in the physical presence of the other party;
An opportunity to review and provide written responses to reports and proposed findings; and
An opportunity to appeal a determination or sanction.
Any party may be accompanied to any hearing, meeting, or interview during the investigation and adjudication process by no more than two people, including one Support Person and one Advisor. A Support Person may provide emotional, logistical, or other assistance to the party. An Advisor, who may be an attorney, may consult privately with the party during meetings and interviews, except during questioning of the party at a hearing, and may assist with the party's exercise of their rights during the proceedings.
The accompanying Procedures will establish informal mechanisms for resolving complaints through Alternative Resolution. Alternative Resolution may be appropriate for resolving a complaint if:
the alleged misconduct does not involve Sexual Assault or Sexual Coercion;
all parties to the complaint and the Title IX Coordinator agree to the use of Alternative Resolution;
either party has the opportunity to end the Alternative Resolution at any time in favor of a formal resolution proceeding; and
the Title IX Coordinator or designee participates in the Alternative Resolution process.
Legal Representation Fund for Title IX Proceedings (Students Only)
Student Complainants and Student Respondents may elect to retain an attorney to serve as their Advisor, though assistance by an attorney is not required. The Maryland Higher Education Commission (MHEC) has developed resources to assist current and former students in retaining an attorney to serve as an Advisor at no or low cost to the student. MHEC will provide a list of licensed attorneys who have indicated that they may represent students in Title IX proceedings on a pro bono basis or for reduced legal fees. A student's attorney may seek reimbursement of certain legal costs and fees from MHEC's Legal Representation Fund for Title IX Proceedings, subject to the availability of funding.
Student parties shall be provided notice of their right to assistance by an attorney as an Advisor at the beginning of the investigation and adjudication process, and shall be informed of the legal service organizations and referral services available to the student. Student parties may select and retain an attorney as an Advisor at any point before the conclusion of the process.
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.
Prevention and Awareness Education
Education is an extremely important tool in eradicating sex discrimination, including sexual misconduct, from the UMGC workplace and educational programs. UMGC Community will receive educational information to increase awareness about sex discrimination.
UMGC employees including adjunct and collegiate faculty members will be required to participate in a 2-hour training on Sexual Harassment in compliance with Maryland Law.
External Government Agencies That Address Complaints of Sexual Misconduct
In addition to filing a complaint under this Policy and Procedures, members of the UMGC Community may contact external agencies. A person wishing to file a complaint with an external agency should contact the appropriate agency promptly to verify the time limits and deadlines for filing complaints.
Complaints that UMGC failed to comply with its obligations under Title IX in the state of Maryland should be directed to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202
Phone: 1-800-421-3481 or 202-453-6100
OCR Electronic Complaint Form: https://ocrcas.ed.gov/welcome-to-the-ocr-complaint-assessment-system
Employee Complaints involving Sexual Misconduct may also be filed with:
Equal Employment Opportunity Commission (EEOC)
City Crescent Building
10 S. Howard Street, Third Floor
Baltimore, MD 21201
Maryland Commission on Civil Rights (MCCR)
William Donald Schaefer Tower
6 Saint Paul Street, Ninth Floor
Baltimore, MD 21202-1631
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