- Section VI - 1.20(B) UMB POLICY ON SEX-BASED DISCRIMINATION OF STUDENTS
VI 1.20(B) UMB POLICY ON SEX-BASED DISCRIMINATION OF STUDENTS
The University of Maryland, Baltimore ("UMB") prohibits sex-based discrimination of students by other students, faculty or staff. Sex-based discrimination includes, but is not limited to, sexual harassment and sexual violence. Academic decisions will not be based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex.
Furthermore, both intentional discrimination and neutral procedures that disproportionately exclude individuals on the basis of sex that are not school related are prohibited. Sexual harassment is an infringement of an individual's right to work and study in an environment free from unwanted sexual attention and sexual pressure of any kind. Sex-based discrimination including sexual harassment can result in a significant human resource drain for UMB, can hinder the scholastic efforts of students, and may violate the law of Maryland and the United States. UMB students who are also UMB employees should be aware of UMB's Policy on Sex-based Discrimination of Employees.
UMB has adopted the standards of the U.S. Equal Employment Opportunity Commission and the U.S. Department of Education.
- Sex-based discrimination: Unlawful discrimination against a student because of his/her sex in regard to admission, dismissal, advancement, graduation, training, or any other term, condition, or privilege of student status.
- Sexual Harassment, including sexual violence: Unwelcome sexual advances, unwelcome requests for sexual favors, and other behavior of a sexual nature constitute sexual harassment when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's participation in a UMB educational program; or
- Submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual; or
- Such conduct has the purpose or effect of unreasonably interfering with an individual's academic performance, or of creating an intimidating, hostile, or offensive educational environment.
III. Examples of Sexual Harassment
Sexual harassment includes sexual violence. Sexual violence means physical sexual acts perpetrated against a person’s will or where a person cannot give consent. Sexual violence encompasses rape, sexual assault, sexual battery and sexual coercion. Sexual harassment, including sexual violence, can include any or all of the following behaviors, as well as others which are not listed:
- Harassment through public or private insult, sexually suggestive comments concerning a person's body or behavior, and sexual demands.
- Subtle or overt pressure to comply with demands of sexual activity.
- Remarks about another person's clothing, body, sexual activities, sexual preferences, gender identity, or sexual orientation, as well as teasing, jokes, remarks, or gestures which are sexual in nature.
- Unnecessary touching, pinching, patting, or exposure of another person's body.
- Unwarranted staring at another person's body.
- Unwanted communications of a sexual nature in writing, by telephone, or by other means.
- Requests or demands for sexual favors accompanied by implied or overt threats about grades, clinical assignments, class academic assignments, recommendations, student employment, etc.
- Repetition of unwanted invitations for dates.
- Physical assault of a sexual nature, up to and including attempted or actual rape.
IV. Campus Resources
Sex-based discrimination and sexual harassment of students by students, faculty or staff will not be tolerated. Proven harassment will result in remedial and disciplinary action which may include suspension, expulsion or dismissal. The University will take steps to prevent the recurrence of sexual harassment and sexual violence considering a range of remedial and disciplinary sanctions, including but not limited to a requirement not to repeat or continue the discriminatory, harassing, or retaliatory conduct, a requirement to undergo training, suspension or dismissal. The University will take steps to correct discriminatory effects of sexual harassment and sexual violence on the parties and others, as appropriate and feasible, e.g., coordinate with program administrators to reschedule due dates of assignments or exams, allow distance learning in lieu of class attendance where available, facilitate change of class section, change of schedule, authorize leave to attend counseling and healthcare appointments, refer to campus police escort, etc.
Student questions about peer behavior that may constitute sex-based discrimination or sexual harassment and questions about disciplinary policies should be directed to the Title IX Coordinator (indicated below). If the Title IX Coordinator cannot be reached or there is a role conflict, the Deputy Title IX Coordinator may be used as an alternate.
For health emergencies, call 911 or go to the nearest emergency room
To report a crime or emergency, call 711 or 410-706-3333 or go to the nearest police officer.
Pine Street Police Station
214 N. Pine Street
Baltimore, MD 21201
For emergencies phone x 711 or 410-706-3333
Student Counseling Center
601 W. Lombard St., Suite 440
Phone: 410-328-8404; Fax: 410-328-5291
Monday – Friday from 8:30 a.m. to 5:00 p.m. and limited evening hours Mondays and Tuesdays
Student and Employee Health
408 W. Lombard Street between Eutaw and Paca Streets
Baltimore, MD 21201
Monday – Friday 7:00 a.m. to 5:00 p.m.
Monday, Wednesday and Thursday 5:00 p.m. to 7:00 p.m. at Family and Community Medicine 29 S. Paca St.
After Hours (urgent questions, available 24/7): 410-328-8792
Director: James Baronas, MD: 410-328-6791
Title IX Coordinator
Dr. Roger J. Ward
Chief Accountability Officer
Vice President, Academic Affairs
Office of Academic Affairs
620 W. Lexington Street, 5th Floor
Baltimore, MD 21201
Deputy Title IX Coordinator
Flavius R. Lilly
Assistant Vice President for Academic and Student Affairs
Office of Academic Affairs
620 W. Lexington Street, 5th Floor
Baltimore, MD 21201
Employee Assistance Program
419 W. Redwood St., Suite 560
Baltimore, MD 21201
Monday – Friday from 8:00 a.m. to 5:00 p.m. (other times by appointment)
A counselor is available by pager 24 hours a day, 7 days a week – follow the instructions on voicemail.
Equal Employment Opportunity Manager
Human Resource Services
620 W. Lexington Street – 3rd Floor
Baltimore, MD 21201
Article V. Filing a Complaint and Investigation Proceedings
A student with questions or a complaint about sexual harassment/sexual violence should report to the Title IX Coordinator for sexual harassment/sexual violence complaints on campus. If the Title IX Coordinator cannot be reached or there is a role conflict, the Deputy Title IX Coordinator may be used as an alternate.
Timely reporting of allegations of sex-based discrimination or sexual harassment/sexual violence is crucial. It permits effective UMB intervention to protect students and educate and/or discipline offenders. Incidents of discrimination or harassment/violence should be documented promptly and reported as soon as practical.
Reporting an incident of discrimination or harassment more than thirty (30) days after it occurs can hinder the ability of UMB to investigate the matter. This reporting time may change if the alleged sexual harassment/violence incident is continuous. Nevertheless, UMB will investigate any complaint filed within a reasonable time.
The University may not attempt to resolve a sexual harassment/sexual violence complaint informally such as through a conference with the parties or mediation.
Students should refer to the procedures below to file a complaint so, if necessary, an investigation can begin as soon as practicable. UMB is committed to working with a complaining student and the respondent throughout the investigation. Good faith departure from standard practices, in order to better serve the needs of the student, the respondent, or UMB, will not invalidate the policy or procedures.
A. Filing a Complaint
1. The student (“Complainant”) should provide an oral or written report of the incident underlying the complaint. The student may also provide pertinent records and documentation. Information that may be helpful to an inquiry and resolution of the complaint includes:
- Date, Time, Name, E-mail, Address and Phone Number of the Complainant School or unit with which Complainant is associated
- Complainant’s title or program /year of study
- Complainant’s role in the incident, e.g., target of alleged sexual harassment/violence, witness, friend Name of the alleged harasser (“Respondent”)
- School or unit with which Respondent is associated
- Respondent’s title or program/year of study
- Relationship between the Respondent and the Complainant
- Address where the alleged sexual harassment/sexual violence occurred
- Date and time when the alleged sexual harassment/sexual violence occurred
- A description of the alleged sexual harassment/sexual violence conduct, e.g., sexually degrading comments or gestures, inappropriate touching; sexual contact without consent, including sexual intercourse
- Other circumstances which contributed to the incident, e.g., physical disability, alcohol use
- Other incidents of hostile conduct by the Respondent, if any
- Other(s) involved in the incident as possible Complainant(s), witness(es) or additional Respondent(s)
- What action by the University does the Complainant seek in response to the harassing conduct
- Has the Complainant made a report to others, e.g., local or Campus Police, BETA Team, faculty, students, others
- Has the Complainant requested partial or complete confidentiality
2. The University must make a prompt, thorough and impartial inquiry, regardless of whether or not the Complainant has already reported the matter to the police, or makes a formal report to the campus Title IX Coordinator, desires an inquiry, or requests that no inquiry be made.
3. A request for confidentiality may limit the University’s ability to respond to the complaint. The University will take reasonable steps to investigate and respond to the complaint consistent with the Complainant’s requests, as long as doing so does not prevent the University from responding effectively to a hostile environment and preventing hostile behavior that may be directed toward others.
4. The University will comply with law enforcement requests for cooperation and such cooperation may require the University to temporarily suspend the fact-finding aspect of the sexual harassment/sexual violence complaint while law enforcement is in the process of gathering evidence. The University will promptly resume its investigating the sexual harassment/sexual violence complaint as soon as notified by law enforcement that it has completed the evidence gathering process, which may delay the University’s investigation by ten calendar days or longer depending on the circumstances. While law enforcement evidence gathering is conducted, the Title IX Coordinator will issue a reminder to persons involved, about the importance of complying with the investigation process; the presumption of innocence of the parties; the need to consult with the Title IX Coordinator before taking interim responsive action; the prohibition against retaliation; and the obligation to treat the matter in strict confidence for the protection of both the Complainant and the Respondent. The University will implement appropriate interim responsive action during the law enforcement evidence gathering period to provide for the safety of the Complainant and the campus community and the avoidance of retaliation.
B. Preliminary Review of the Complaint
- The Title IX Coordinator will determine whether the allegations in the complaint are allegations of sexual harassment or sexual violence subject to this process or are instead allegations falling entirely under other policies and procedures, such as those relevant to employment complaints. In the latter case, the student making the allegation will be referred to the alternative policies and procedures, or the allegations shall be referred to appropriate administrators for resolution.
- If it is not apparent from the content of an allegation whether or not it relates to sexual harassment or sexual violence, or if it warrants initiation of an Investigation, the Title IX Coordinator may conduct a Preliminary Review. The Title IX Coordinator will determine whether to conduct a Preliminary Review or proceed directly to an Investigation within ten (10) working days after receiving an allegation, when feasible. If a Preliminary Review is undertaken, it shall be concluded within thirty (30) calendar days after it is commenced unless extended for good cause. In the Preliminary Review, the Title IX Coordinator, or a person designated by the Title IX Coordinator, may interview the Complainant (if known) and the Respondent (if known). Complainant and Respondent will be offered an equal opportunity to participate in the Preliminary Review. A written summary should be made of the information gathered. Notice of the outcome of the Preliminary Review will be provided to the parties. In the event the Title IX Coordinator decides to conclude the complaint process after the Preliminary Review, and without referral to any other due process for further action, either party may appeal for reconsideration in writing to the Title IX Coordinator who will issue a written response.
- Based on the result of the Preliminary Review, the Title IX Coordinator will decide either to (1) proceed with an Investigation, or (2) conclude the complaint process under this procedure. The Title IX Coordinator may conclude the complaint process due to (a) insufficient evidence to support a finding of sexual harassment or sexual violence by a preponderance of the evidence; or (b) finding the complaint involves matters which are beyond the scope of applicable University sexual harassment/sexual violence policies. Documentation of the Preliminary Review and the reasons for the decision of the Title IX Coordinator will be kept for at least 3 years following conclusion of the matter.
- At any time, the Title IX Coordinator may implement, or recommend to appropriate University administrators, measures to prevent a sexually discriminatory environment and prevent sexually harassment and sexual violence that may be directed toward others.
- Upon deciding to proceed with an Investigation, the Title IX Coordinator shall appoint an investigative team as expeditiously as possible, but in all cases within thirty (30) calendar days following the determination to proceed.
- The investigative team will develop an appropriate investigational plan depending on the circumstances surrounding the complaint class (e.g., familiarity with location, unit, school, and curriculum). If a complaint involves persons from more than one school or operational unit of the University, the investigative team may consult appropriate University administrators about the investigational plan.
- a. The Title IX Coordinator will provide the Complainant, Respondent, University administrators with authority over the Complainant or Respondent (e.g., a Dean or Vice President), and persons whose decisions or actions are the subject of the complaint with notice of the investigation, a copy of this Policy, and information about the appointment of the investigative team. In so doing, the Title IX Coordinator will also issue a reminder about the importance of complying with the investigation process; the presumption of innocence of the parties; the need to consult with the Title IX Coordinator before taking interim responsive action; the prohibition against retaliation; and the obligation to treat the matter in strict confidence for the protection of both the Complainant and the Respondent. b. In cases where a University administrator with authority over the Complainant or Respondent (e.g., a Dean or Vice President) has a conflict of interest, the Title IX Coordinator may select an alternative to assume the role of University Administrator for the purposes of this policy. This is to ensure that each step of the investigation and appeal involving a determination by the University Administrator will be conducted in an impartial manner by an impartial decision-maker.
- The Complainant and Respondent will each have an opportunity to meet separately with the investigative team to discuss the complaint and the investigative process, and to submit written statements, names of witnesses and other evidence.
- Where the Complainant seeks anonymity, the investigation team will attempt to maintain that anonymity to the degree compatible with accomplishing the fact-finding purpose of the investigation and as long as doing so does not prevent the University from responding effectively to a sexually discriminatory environment and preventing sexually discriminatory behavior that may be directed toward others.
- The investigative team will investigate the complaint, interview the parties and witnesses, review evidence, look at the record as a whole and at the totality of the circumstances.
- The investigative team will complete its investigation as expeditiously as possible. An Investigation must be completed within sixty (60) calendar days of its initiation unless circumstances clearly warrant a longer period. If this deadline cannot be met, a request for extension which includes a report of reasons for the request, a description of the progress to date and an anticipated schedule for completing the Investigation shall be filed with the Title IX Coordinator, and all involved persons shall be informed of the time extension by the Title IX Coordinator.
- The investigative team will prepare a report summarizing the administrative process including what evidence was reviewed, names of persons interviewed, summary of interviews, discussion of the evidence, and findings, conclusions and recommendations for sanctions and remedial action. The investigative team will use a “preponderance of the evidence” standard.
- The Respondent, the Complainant and persons whose decisions or actions are the subject of the complaint will be given a copy of the investigative report and will have fifteen (15) calendar days to comment in writing on the report. Comments shall be made part of the record.
- Persons involved in the investigation will be expected to cooperate and provide information, records, and other pertinent data at least to the extent such cooperation is required by applicable school policy (including codes of conduct) and University policy. However, the investigative team and the Title IX Coordinator have no subpoena power or other power to compel cooperation.
- All participants are free to consult personal advisors and legal counsel, each at their own expense. Advisors and attorneys will not be present in meetings with the investigative team or with the Title IX Coordinator. The schedule for the investigation will allow time for the participants to consult with and obtain advice from personal and legal advisors.
- Timely access to documents considered relevant to the investigation will be provided to the Complainant and the Respondent and persons whose decisions or actions are the subject of the complaint. Particularly sensitive material may be available for inspection only in order to ensure no unauthorized distribution of copies. All material will be considered confidential and shared only with those with a need to know.
- Records of the Investigation, including copies of evidence and related communications, are confidential and shall be kept secure in the office of the Title IX Coordinator or a place directed by the Title IX Coordinator.
- The investigative team’s report and any written comments received on the report will be submitted to the Title IX Coordinator. The Title IX Coordinator may consult with Deans, VPs and other administrators in charge of the schools or units involved. After reviewing the report, the Title IX Coordinator may accept it as final or may return the report to the investigative team for further investigation or clarification.
- The Title IX Coordinator will mark the report “Confidential” and deliver it to the Complainant, Respondent and any University administrator in charge of the school or administrative unit of the Respondent and the Complainant (e.g., Dean/Vice President). This shall be done within 10 business days unless good cause can be shown for any delay.
- The University administrator(s) in charge of the school or administrative unit of the Respondent and of the Complainant (e.g., Dean/Vice President) cannot change the findings or conclusions but will make the final decision about sanctions and remedial action to be taken by the school or administrative unit, and implement the decision. The University administrator will inform the Title IX Coordinator of the outcome.
- The Title IX Coordinator will inform the Complainant and the Respondent of the University administrator(s)’ decision and advise them of their appeal rights.
- The Complainant and the Respondent each may appeal for reconsideration of a University administrator’s decision to which they are subject, on the basis of: 1) failure of due process, or 2) availability of new evidence which could not reasonably have been presented during the original investigation. The appeal for reconsideration must be submitted in writing to the University administrator (with notice to the Title IX Coordinator) within 7 calendar days following the date of the notice of the University administrator’s decision.
- The University administrator in consultation with the Title IX Coordinator will consider the documents submitted on appeal and issue a final determination or other appropriate action regarding sanctions and remedial action within 10 business days.
- The Title IX Coordinator will ensure that the Complainant and Respondent have been informed of the University administrator’s final decision about sanction and remediation.
- The Title IX Coordinator will maintain records regarding sexual harassment/sexual violence complaint investigations for at least three years.
- To ensure appropriate due process and prompt, equitable resolution of complaints, formal rules of evidence will not apply and the investigative team and Title IX Coordinator may limit repetitive and irrelevant evidence.
The University will take reasonable steps to protect the confidentiality of the parties involved in a complaint. Persons involved will be advised of the necessity of keeping information related to a complaint confidential. However, persons should be aware that the University may need to disclose information in order to conduct an investigation, resolve a complaint and comply with applicable law.
VII. No Retaliation
The University does not tolerate or condone any form of retaliation against a person whose complaint is made in good faith or against any person who participates in good faith in an inquiry or investigation of a complaint under this procedure.
This procedure does not supersede policies and procedures addressing issues specifically governed by other University policies, such as: school grade appeals and school dismissal appeals, disability and reasonable accommodation complaints. Students are expected to present such complaints in accordance with the applicable school and University policy and procedure.
IX. Complaints Involving Affiliates' Employees and Other Third Parties
Many University students will be supervised by employees of University affiliates and teaching sites during their educational experiences and may have interactions with other third parties while participating in a program at the University. If a student is aggrieved by sexual harassment/sexual violence behavior of a third party, the behavior may affect the student’s equal opportunity in education at the University. Such complaints should be reported to the Title IX Coordinator as described in the policy. The University will attempt to resolve the situation and take reasonable steps to prevent harassment and violence that may be directed toward the complainant and others. The University will attempt to reassign the student to a different preceptor or teaching site if a prompt resolution of a complaint involving an affiliate is not feasible.
X. Filing Complaints with Outside Agencies
For further information on non-discrimination, or to file an equal opportunity complaint directly with the U.S. Department of Education, contact:
Office for Civil Rights
U.S. Department of Education
The Wanamaker Building, Suite 515
100 Penn Square East
Philadelphia, PA 19107
XI. UMB Mandatory Reporting Requirements
If a UMB administrator, faculty or staff member receives an oral or written complaint of sex-based discrimination or sexual harassment/violence involving UMB faculty, staff, student or a UMB affiliate, that person has an affirmative responsibility to promptly inform the Title IX Coordinator. The Title IX Coordinator will respond to the report in accordance to the guidelines and procedures as stated in this policy.
The Title IX Coordinator is responsible for ensuring that crimes reportable under the Clery Act (20 U.S.C. §1092(f)) are timely reported to the Campus Police. An optional form for making the report can be found at: http://www.umaryland.edu/police/files/CLERY-INCIDENT-REPORT.pdf.
Data collected for Clery Act reporting is to be used to increase public safety, not to identify the victim; therefore, personal identifying information is not required.
XII. Education and Consultations
Through the Title IX Coordinator, sex-based discrimination or sexual harassment/violence educational programs for students can be arranged.