Loyola University Maryland

Public Safety

Section12

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12.  Sexual Assault Policies for Students and Faculty, Administrators and Staff (FAS)

According to the Loyola Community Standards Handbook and Faculty, Administrators and Staff Handbook, Loyola University Maryland strives to create a safe educational and working environment for all members of the Loyola community including students, faculty, administrators and staff. Violence or threats of violence of any kind, including domestic violence, dating violence, sexual assault, and stalking, will not be tolerated. Loyola University fully supports and complies with all local, state, and federal criminal laws prohibiting sexual misconduct. Information about Loyola University’s non-discrimination student policy, which includes sexual harassment, sexual violence, and reporting procedures, can also be found in the student community standards handbook. Loyola University Maryland issues this statement of policy to inform the campus community of our programs to prevent and address domestic violence, dating violence, sexual assault, and stalking as well as the procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking, which will be followed regardless of whether the incident occurs on or off campus when it is reported to a University official.

Sexual misconduct is a form of discrimination prohibited by federal and state discrimination laws, including Title IX and the Education Amendments of 1972 and Title VII of the Civil Rights Act. In addition, some forms of sexual misconduct violate the criminal laws of the state of Maryland. Loyola University is committed to providing an environment free from sex-based discrimination and harassment.

The University engages in comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault and stalking that:

  1. Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research, or assessed for value, effectiveness, or outcome; and
  2. Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community and societal levels.

If a report of domestic violence, dating violence, sexual assault or stalking is reported to the University, the below are the processes and procedures that the University will follow as well as a statement of the standard of evidence that will be used during any grievance proceeding on campus arising from such a report:

Loyola University Maryland will provide written notification of the rights and options available to students and employees who have been the victim of domestic violence, dating violence, sexual assault, or stalking.  The Notification of Rights and Options is below.  Included in the notice is information about a medical forensic examination free of charge or with full reimbursement without requiring the victim to report to law enforcement and/or participate in the criminal justice system as a condition of the payment or reimbursement, discussion of the importance of evidence collection, information about interim measures, information about accommodations and protective measures and how to obtain them, and options for resources and reporting.

Notice of Rights and Options Sexual Misconduct Incidents

Loyola University Maryland is committed to a working and learning environment free from sexual misconduct, including sexual harassment and sexual discrimination.  Sexual misconduct is a form of sex discrimination prohibited by federal law, including Title IX, state law, and University policies.  Violence or threats of violence of any kind, including sexual assault, dating violence, domestic violence, sexual exploitation, and stalking, will not be tolerated.  Reports of such offenses, including acquaintance rape and other types of sexual assault, are taken very seriously.  This document provides a list of rights and options. 

The complete Loyola University Maryland policy on sexual misconduct is contained in the “Harassment and Discrimination Policy and Procedures” and is available online at www.loyola.edu/department/title-ix/policy.

  • The University is committed to providing a fair, prompt and impartial investigation and resolution of complaints.  Parties to a complaint have the right to present documents, names of witnesses, and other evidence to the investigators. 

  • Confidential resources are available for support and advice on campus.  Students may access professional counselors in the Counseling Center at 410-617-2273 or the Student Wellness and Promotions Office at 410-617-2928, health services providers in the Student Health Center at 410-617- 5055, clergy offering pastoral care at 410-617-5881, and the Sexual Violence Prevention Coordinator in the Women’s Center at 410-617-6769. These resources are not required to report the incident and will keep the information confidential. Employees can call the Employee Assistance Program 24/7 at 1-800-765-0770.  Additional resources for counseling and assistance, both on and off campus, are listed in this document.

  • To encourage reporting, a student who reports sexual misconduct, either as a complainant or a third-party witness, will not be subject to disciplinary action by the University for his/her own personal consumption of alcohol or drugs at or near the time of the incident.  The University may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.

  • Title IX prohibits retaliation and University officials will take steps to prevent retaliation and take strong responsive action if retaliation occurs.  If retaliation occurs, you may contact the Title IX Deputy Coordinator for Students, Katsura Kurita at 410-617-5646, Title IX Deputy for Public Safety and Crimes, Timothy Fox at 410-617-2863, Title IX Deputy for Faculty and Staff, Maryalice Meister at 410-617-1345, Title IX Coordinator for the University, Kathleen Parnell at 410-617-1350, or the Director of Student Life, Christina Spearman, at 410-617-2488.

  • Disciplinary action may be limited if confidentiality is requested.  However, the University will pursue other steps to limit the effects of the alleged harassment and prevent its reoccurrence.  Additionally, the University has to evaluate other factors, such as, the responsibility to provide a safe and non-discriminatory environment for all community members when determining next steps.

  • There are interim measures that may be offered to victims (“complainants”), which may include but are not limited to: no contact order; new housing assignment; changes to class schedules; assistance with rescheduling an academic assignment (paper, exam, etc.); tutoring support; changes to work schedules/situations; transportation assistance and escorts to and from campus locations; medical leave of absence including financial impacts; interim suspension for the respondent; and other measures for safety as necessary. These requests should be made through the appropriate Title IX Coordinator.

  • In a report of sexual misconduct, mediation will not be used.

  • University officials are required to document the reports of sexual misconduct for general Clery Act statistics. There will be no personally identifiable information about the complainant shared in that report. Your identity will remain anonymous.

    Privacy and discretion will be exercised in every incident.  If a complainant requests privacy or asks that the complaint not be pursued, the University will take all reasonable steps to investigate and respond to the complaint, consistent with the request.  If a request that the complainant’s name or other identifiable information not be disclosed to the alleged perpetrator (“respondent”), the University's ability to respond may be limited.

    Each party may disclose information to persons who need to know it in order to participate in or administer the process, and/or to provide support and assistance.  Parents or guardians of students will not be contacted by the University except at your request or in the case of a health and safety emergency.  If the University is required to notify the community of the incident, including recording the assault in the campus crime log, no identifying information will be included, to the extent permissible by law. 

    Medical Recommendations:  It is strongly encouraged that complainants seek medical assistance in cases of sexual assault or misconduct.  Maryland regulations provide that the Sexual Assault Forensics Examination (SAFE) be performed free of charge if seen within 120 hours of the alleged offense. 

  • Public Safety can provide transportation to Mercy Hospital located on 300 St. Paul’s Street at the Emergency Department at 410-332-9477, which is designated as the city's rape treatment centers.  Mercy has trained nurses who perform the Sexual Assault Forensic Examination (SAFE) program and will provide victim services. An on-call University staff member will also accompany and assist a student at the hospital.

  • It is recommended that the complainant not take a shower or wash or discard clothing he or she was wearing at the time of the assault.  All clothing (including underwear) should be put into a paper bag and brought to the hospital. 

  • You do not have to decide whether or not to file charges before obtaining a forensic exam.  The exam is free and the evidence will be retained for one year and one day in Baltimore City.  If you wish to remain anonymous you can have the exam listed as a Jane Doe/John Doe name for confidentiality.  Having a forensic exam is an important step to preserve evidence for a criminal offense if charges are filed.

    Counseling Services:  Reports made to a licensed counselor or health care provider are confidential and will not be reported for investigation without the complainant's permission unless an imminent threat exists.

  • The Counseling Center is located in Humanities 150 and students can reach them at 410-617-2273 (CARE).  You can also access REACT on-line at http://www.loyola.edu/department/counselingcenter .  The Office of Student Support and Wellness Promotions is located in Seton 02B, and students can schedule appointments with an alcohol and other drug counselor at 410-617-2928.  Employees can call the Employee Assistance Program 24/7 at 1-800-765-0770.

  • You may also seek assistance off campus by contacting TurnAround (sexual assault and domestic violence support services) at 443-279-0379 (24 hour helpline), the House of Ruth (domestic violence only) 24 hours a day at 410-889-7884, Hopeworks for Howard County (24 hour hotline) at 410-997-2272, or the Sexual Assault /Domestic Violence 24-hour hotline for Baltimore and Carroll Counties at 410-828-6390.

Options for Reporting:  You can change your mind about the type of report you wish to file at any time, to do so contact the Title IX Coordinators, Public Safety or Student Life.   

You may file a complaint via the on-campus disciplinary process through the Student Conduct process and/or with the Baltimore City, Baltimore County or Howard County Police for criminal prosecution depending on the location of the incident.  You can enact both processes, as they are different, and they can proceed at the same time.  Alternately, you do not have to choose either process at this time.  The University does, however, have to take action to limit the effects of the alleged incident, prevent reoccurrence and may need to inform and notify the community via PM Evergreen if a threat still exists in such cases when the alleged respondent is not able to be located.  These notices will not include identifying information. 

  • Student Conduct Process (on-campus):You can initiate the student conduct process by reporting the incident to Public Safety or the Director of Student Life.  The sexual misconduct section of the Student Conduct process is outlined on pages 35-42 of the Community Standards, and is online at http://www.loyola.edu/department/studentlife/studentconduct. 

  • Public Safety can be reached at 410-617-50I0.

  • The Director of Student Life can be reached at 410-617-2488.

  • After hours, you can call Public Safety 410-617-5010 or 5911 and ask for an officer to respond or ask to be connected to the Student Life Assistant Director who is “on call.”  An Officer, a Student Life representative, and a counselor or the Sexual Violence Prevention Coordinator will respond and speak with the student(s).

  • Employee Complaint Process (on-campus): You can initiate a formal complaint by contacting Human Resources at 410-617-2354. The process is outlined in Policy 8.7.4 of the Staff and Administrator Policy Manual.

  • Criminal Process (off-campus): You have the right to file a report with Baltimore City, Baltimore County or Howard County Police.

    • If you have been a victim of a crime, you have the right to file criminal charges with the appropriate law enforcement official.  Public Safety can help you contact the appropriate law enforcement officials and work with the officials to pursue criminal charges against the alleged respondent.

    • If you would like to file criminal charges, a Sexual Assault Forensic Examination (SAFE) is recommended and must be collected within 120 hours of the incident in order for it to be admissible in court.  The SAFE examination is used to medically evaluate the incident and collect evidence from the body. You should also expect the Baltimore Police Crime Scene Unit to secure the site and collect evidence from student rooms, common areas and other areas that may produce evidence from the incident.  Evidence collection is very important when pursuing criminal charges. 

    • The University’s Title IX website provides definitions for rape, domestic violence, stalking, and other sexual offenses under Maryland criminal law at http://www.loyola.edu/department/title-ix.

    • Information regarding legal assistance and attorneys who can help to secure a protective order or peace order, may be found at obtained by contacting MCASA’s Sexual Assault Legal Institute (SALI) at 301-565-2277 or toll-free at 1-877-496-SALI.  The following link from the Maryland Judiciary provides information on how to file for a peace or protective order at http://mdcourts.gov/courtforms/joint/ccdcdvpo001br.pdf. The University does not recommend particular private attorneys, but you may wish to use the referral service of the Maryland State Bar Association at 800-492-1964, or online at http://www.rn sba.org which can also provide referrals to attorneys for visa and immigration services.  The State’s Attorney’s office can be reached at 443-984-6096 or 443-984-6094.  

  • External Complaints (off-campus): You have the right to file complaints of sex discrimination with an external governmental agency. This may happen before, after or during an on-campus and/or off-campus grievance process.  Complaints may filed with the Office of Civil Rights, U.S. Department of Education, The Wanamaker Building, Suite 515, 100 Penn Square East, Philadelphia, PA  19107, telephone at 1-800-421-3481, or 215-656-8541, or by email at OCR.Philadelphia@ed.gov.

  • The right to have an advisor of choice to support and accompany you through the University’s investigation and resolution of the complaint.  In matters involving sexual assault, stalking and dating and domestic violence incidents, advisors may assist a party with understanding the investigation process and preparing for meetings and interviews; attend meetings and interviews with the party; review any statements prepared by the party; and provide assistance and support to the party as the party moves through the process.  Advisors may not speak on behalf of the party at any meetings or interviews or through any written documents.  Advisors should consult with the appropriate Title IX Coordinators on any questions that arise during the process.  The Title IX Deputy Coordinator for Students maintains a list of staff advisors who have been specifically trained in the policy and processes, including available support services related to sexual misconduct, relationship violence, and stalking.  An advisor can be recommended upon request.  Note employees of the University who serve as investigators, adjudicators, or witnesses for a particular incident are not able to serve as advisors to avoid a conflict of interest.

  • Regular updates on the status of a complaint will be provided to both parties.  The complainant and respondent will be simultaneously informed in writing of the outcome of the investigation, and, if the incident is referred to the disciplinary process, both parties will be notified in a timely manner of the date, time, and location of the hearing along with the documents obtained during the investigation.  Further, both parties will be simultaneously advised of a) the decision of the hearing panel, b) procedures to appeal the decision, c) any change that occurs to the outcome prior to the time that it becomes final, and d) when the results become final. 

    Note that different procedures apply when an employee or faculty member is accused of sexual harassment or sexual misconduct.  Refer to the Harassment and Discrimination Policy at www.loyola.edu/department/title-ix/policy.

  • Potential sanctions that may be imposed if the respondent is found responsible for a violation of sexual misconduct under the Student Conduct Process in the Community Standards.  Violations of the sexual misconduct section are serious and although there are no standard sanctions outlined for these violations, a range of sanctions may include the following: written reprimand; fine; restitution; educational project; alcohol and drug screening/education/treatment; civility hours; parental notification; restricted access or privileges such as attendance at senior week events; loss of room selection privileges; relocation to another residence; restricted contact; social restrictions; residence hall probation; disciplinary probation; deferred suspension from the residence halls; deferred suspension from the University; suspension from the residence halls; suspension from the University; expulsion; student development assessment and evaluation; periodic drug testing; postponement of activity participation and conferring of honors and degrees; mentoring with an administrator; Jesuit reflection; and continuation/modification or interim measures. 

  • Title IX Coordinators

Title IX Coordinator for the University:

Kathleen Parnell, Assistant Vice President

for Human Resources

5000 York Road

410-617-1350

kparnell@loyola.edu

Title IX Deputy for Faculty, Staff & Administrators:

Maryalice Meister, Director for Human Resources

Generalists Services

5000 York Road

410-617-1345

mlmeister@loyola.edu

 

Title IX Deputy for Students:

Katsura Kurita, Assistant Vice President

for Student Development

110 Jenkins Hall

410-617-5646 (direct)

410-617-5171 (main)

kkurita@loyola.edu

Title IX Deputy for Public Safety and Crimes:

Timothy Fox

Director for Public Safety

5104 York Road

410-617-2863

tfox@loyola.edu

 

Protective and Peace Orders

Protective and peace orders may be sought through the court system by visiting the State of Maryland District Court Commission building at 500 North Calvert Street, by contacting a court commissioner or by calling 410-767-5774. Protective orders and peace orders may be sought through the court system; DPS will provide assistance in obtaining orders of protection upon request. 

 Loyola University Maryland complies with Maryland law in recognizing orders of protection, any person who obtains an order of protection from Maryland or any reciprocal state (Under the Federal Full Faith and Credit Act, every state in the union has to enforce MD Protection Orders and Maryland does the same for the other 49 states).  Complainants who have acquired protective measures should provide a copy to DPS and/or the Office of the Title IX Coordinator. A complainant can then choose to meet with DPS to develop a Safety Action Plan, which is a plan for DPS and the complainant to reduce risk of harm while on campus or coming and going from campus. This plan may include, but is not limited to: escorts, special parking arrangements, providing a temporary cellphone, changing classroom location or allowing a student to complete assignments from home, etc.) The University cannot apply for a legal order of protection, no contact order or restraining order for a complainant from the applicable jurisdiction(s), but will provide guidance to complainants on how to obtain protective orders.

Two types of protective orders are available to complainants in the State of Maryland:

Type of Order

Rights of Victims

Institutions Responsibilities

Orders of Protection

A Final Protective Order: (a) may be in effect for as long as one (1) year, and the court for good cause may extend the term of the Final Protective Order for an additional six (6) months after a further hearing; or (b) may be extended for a period not to exceed two (2) years, if a judge finds the Respondent has committed a subsequent act of abuse against the Petitioner or a protected person; or (c) may last for as long as two (2) years, if there is a finding that this is a subsequent act of abuse committed within one (1) year after the date that a prior Final Protective Order issued against the same Respondent on behalf of the same person eligible for relief expires, and the prior Final Protective Order was issued for a period of at least six (6) months.

The Director of Public Safety or his/her designee can assist the victim in contacting the appropriate law enforcement officials and in working with these officials to pursue criminal charges against the alleged respondent.

Peace Orders

A Peace Order is similar to a domestic violence protective order in that they both require you to be a victim of abuse and they both offer similar forms of protection from the abuser. However, if your relationship to the abuser falls under the category for a domestic violence protective order, you would NOT be eligible for a peace order.

The Director of Public Safety or his/her designee can assist the victim in contacting the appropriate law enforcement officials and in working with these officials to pursue criminal charges against the alleged respondent.

Complainants are required to apply directly for these services by filing for petitions (forms) for protective orders which can be obtained from any circuit or District Court clerk or District Court commissioner. Petitions for peace orders must be obtained from a District Court clerk or commissioner. All forms are available at: www.mdcourts.gov/courtforms.

How Can I File for a Protective Order?

  1. Complete a Petition for Protective Order (CC-DC/DV1)
  2. File at the right location
  • You can file the petition with the clerk’s office of either a Circuit Court or District Court during court business hours
  • If the court is closed, file the petition with the commissioner’s office of the District Court, which is open 24 hours a day. During court business hours, you must file with the court and not one of the commissioners.

In the State of Maryland

 Type of Order Who Can File For One?  Court  Based On 
Domestic Violence Civil Protections Order - A final protective order with generally last up to one year, however, it can last for up to two years, if the same person abused you again within 1 year of your old order

Family or household members including:

Spouses, former spouses

Parent, child, foster parent

People who have kids together

Intimate partners who lived togther for at least 90 days during the 1 year period before filing for order

Individuals who lived together for at least 90 days during the 1 year period before filing the order. 

A "petition for protection" comes from the circuit court clerk or from a district court commissioner in your city/county.  Causing or trying to cause injury or placing someone in fear of imminent serious harm. (Courts use different requirements for how recent the incident must be) 
Stalking Protection Order - A final protective order will generally last up to one year, however, it can last for up to two years, if the same person abused you again within 1 year of your old order Any person who is a victim of stalking (a relationship with stalker is required) A "petition for protection" comes from the circuit court clerk or from a district court commissioner in your city/county.  Pattern of conduct (2 or more events), closely related in time, that cause distress or make a victim believe the stalker will cause harm
Sexually Oriented Offense Protection Order - A final protective order will generally last up to one year, however, it can last for up to two years, if the same person abused you again within 1 year of your old order. Any person who was a victim of a sexually oriented offense (see ORC 2950.01). No relationship with respondent is required. Case does not have to be criminally prosecuted.  A "petition for protection" comes from the circuit court clerk or from a district court commissioner in your city/county.  Sexual assault or wnwanted sexual contact (see ORC 2950.01)
Juvenile Protection Order - until abuser reaches age 19 Victim of abuse by a person who is under age 18, or the victim's parent or other household member, or other parties the Court approves  Juvenile Court - where victim lives Assault, stalking, sexual offenses, threats of harm or aggravated trespass

On and Off Campus services for Victims:

Upon receipt of a report of domestic violence, dating violence, sexual assault, or stalking, Loyola University will provide written notification to students and employees about existing assistance with and/or information about obtaining resources and services including counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and assistance in notifying appropriate local law enforcement. These resources include the following:

ON CAMPUS

Type of Services Available

Service Provider

Contact Information

Pastoral Care

SpiritualAccompaniment

Campus Ministry

Cohn Hall, Room 100
410-617- 2222

Health

Confidential Health Care

Loyola University Student Health and Education Services

4502 A Seton Court

410-617-5055

Mental Health

Professional Counselors

Loyola University Counseling Center

Humanities, Room 150 410-617-CARE (2273)

Victim Advocacy

Advocacy

Loyola University Women’s Center

4504 A Seton Court 410-617-2699

Visa and Immigration Assistance

Referral

Loyola University Office of International Programs

Humanities, Room 132 410-617-2910

Student Financial Aid

Financial Aid Services

Loyola University Student Administrative Services

Maryland Hall Room 140

410-617-5047

Other

Support and Wellness Promotion offering individual support services and counseling

Loyola University Office of Student Support and Wellness Promotion

4502 B Seton Court

410-617-2928


Off Campus

Types of Services Available

Service Provider

Contact Information

Forensic Nurses

Baltimore City

Forensic exam

Mercy Hospital

Mercy Medical Center
345 St. Paul Place
Baltimore MD 21202
410-332-9494

Victim Advocacy

Advocacy

(domestic violence)

TurnAround

Baltimore City:
443-279-0379
Baltimore County:
410- 377-8111

Victim Advocacy

Advocacy

(sexual assault/domestic violence)

Sexual Assault Abuse/Domestic Violence 24 –hour hotline

410-828-6390

Victim Advocacy

Howard County

Advocacy

(domestic violence)

Hopeworks

410-997-0304
Hotline: 410-997-2272

State of Maryland District Court Commission

Orders of Protection

Peace Orders

State of Maryland District Court Commission

500 N. Calvert Street
Baltimore MD
410-767-5774

Victim Services

Victim Abuse Services

House of Ruth

24 hour hotline:
410-889-7884

Employee Assistance Program (EAP)

Counseling Services

EAP

1-800-765-0770

Employee Assistance Program: Legal Assistance

Legal Consultation and Referral Services

EAP

1-800-765-0770

Other resources available to persons who report being the victim of sexual assault, domestic violence, dating violence or stalking include:

http://www.rainn.org – Rape, Abuse and Incest National Network
http://www.ovw.usdoj.gov/sexassault.htm - Department of Justice
http://www2.ed.gov/about/offices/list/ocr/index.html Department of Education, Office of Civil Rights

Filing a Complaint and Procedures for Adjudicating Charges of Sexual Misconduct

What follows are: the steps; anticipated timelines; decision-making process; how to file a disciplinary complaint; and, how the institution determines which type of proceeding to use based on the circumstances of an allegation of dating violence, domestic violence, sexual assault or stalking.

If you believe that you have been the victim of sexual misconduct on University property, at a University-sponsored event regardless of location, or in the administration of any of Loyola’s educational programs or activities, you are encouraged to report the incident to one of the following individuals by calling or going to see:

Title IX Coordinator for the University:

Kathleen Parnell, Assistant Vice President for Human Resources

5000 York Road

410-617-1350

kparnell@loyola.edu

Title IX Deputy for Students:

Katsura Kurita, Assistant Vice President for Student Development

110 Jenkins Hall

410-617-5646 (direct)

410-617-5171 (main)

kkurita@loyola.edu

Title IX Deputy for Faculty, Staff, and Administrators:

Maryalice Meister, Director for Human Resources Generalists Services

5000 York Road

410-617-1367

mlmeister@loyola.edu

Title IX Deputy for Public Safety and Crimes:

Timothy Fox, Director for Public Safety

5104 York Road

410-617-2853

tfox@loyola.edu

Reports of sexual misconduct also can be made to any “responsible employee”, defined as any University administrator, campus police, coach, trainer, resident assistant, or non-confidential first responder who has the authority to take action to redress the sexual misconduct or whom a student could reasonably believe has such authority or duty. Campus Police and the student life on-call staff can be reached at 410-617-5010.

You will be asked to provide a statement to the investigating campus police officer and an assistant or associate director of student life. It is important to give as much information as possible as your statement will serve as the basis for further investigation of any case and any resulting campus charges. You will be provided with a written explanation of your rights and options as described in this policy. If you or any witnesses report sexual misconduct, you will not be subject to disciplinary action for your own personal consumption of alcohol or drugs at or near the time of the incident. The University may initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs. The University encourages any student who has been a victim of domestic violence, dating violence, sexual assault, or stalking to consult their parents/guardians and to report the incident to the Baltimore City Police. The director of public safety or their designee can assist the complainant in contacting the appropriate law enforcement officials and in working with these officials to pursue criminal charges against the respondent. Complainants also have the option to decline to notify law enforcement authorities. Protective orders and peace orders may be sought through the court system. Baltimore City Police can be reached by calling 911.

If you have been the victim of sexual misconduct but do not want to report it for investigation, you may seek out a counselor or psychologist in the Counseling Center. The Counseling Center can be reached at 410-617-2273. Reports made to a licensed counselor, clergy acting in their pastoral role, or treating health care provider are confidential and will not be reported for investigation without your permission unless an imminent threat exists. The Student Health Center can be reached at 410-617-5055. If you would like to seek counseling assistance off campus, you may contact TurnAround 24 hours a day at 443-279-0379, House of Ruth 24 hours a day at 410-889-7884, or the Sexual Assault /Domestic Violence 24-hour

hotline for Baltimore and Carroll Counties at 410-828-6390.

Students are encouraged to seek medical assistance in cases of sexual misconduct. Upon request, campus police will provide transportation to Mercy Hospital, designated as one of the city’s rape treatment centers. This hospital is equipped to perform the Sexual Assault Forensics Exam (SAFE) and provide victim services. It is important to preserve evidence for proof of a criminal offense if charges may be filed.

Interim measures may be offered to a student who has been the victim of domestic violence, dating violence, sexual assault, stalking, or sexual exploitation. These interim measures may include but are not limited to: no contact order, new housing assignment, changes to class schedules, assistance with rescheduling an academic assignment (paper, exam, etc.), tutoring support, changes to work schedules/situations, transportation assistance and escorts to and from campus locations, interim suspension for the respondent, and other measures for safety as necessary.

Procedures for Adjudicating Charges of Sexual Misconduct for Accused Students

The University’s procedures provide for prompt, fair, and impartial investigation and resolution of all reports of sexual misconduct. Investigations and hearings will be conducted by officials who have received annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of complainants and promotes accountability. The timeframe for conducting the investigation and resolving the complaint is usually less than 60 days, not including the appeal process. However, this timeframe may be extended for good reason. In cases where law enforcement is involved, the University will cooperate with all investigative efforts and will promptly resume its own investigation of the case when permitted to do so.

Due to the usually private nature of these actions, the University may not be able to pursue charges of sexual misconduct unless the complainant acts as the accuser and primary witness. However, in cases where there may be a witness to the alleged violation, or in cases where the complainant requests that the University pursue the case even though she/he is unwilling to act as the accuser, or in cases in which pursuing the case is in the best interest of the University, the University reserves the right to pursue a case to its conclusion.

Upon becoming aware of an allegation of sexual misconduct (i.e. sexual assault, domestic violence, dating violence, stalking, etc.) against a student, the Office of Student Life and the Department of Public Safety, in consultation with the Title IX Deputy Coordinator, will initiate an investigation and take actions deemed necessary to protect the emotional well-being of the individuals involved, as well as the educational environment of the University community. These actions may include, but are not limited to, relocating residence hall assignments, restricting access to certain campus buildings, prohibiting contact between the respondent, the complainant, or witnesses, or suspending the respondent from campus pending the hearing. All hearings, also known as proceedings, involving sexual misconduct will be conducted in accordance with the normal rules and procedures of the student conduct process with special sensitivity to the nature of the charges and the best interests of all parties involved. All participants are expected to maintain confidentiality regarding the proceedings, except that the complainant and the respondent may not be required to maintain confidentiality as to the outcome of the proceedings. In recognition of the unique nature of sexual misconduct cases, the procedures specified in this section supersede any conflicting provisions of the University student conduct process. Actions by the police or criminal courts do not in any way preclude a student from pursuing charges through the University’s student conduct system. Similarly, pursuit of charges through the University’s student conduct system does not preclude the pursuit of criminal charges.

i. The sexual misconduct hearing panel will be comprised of one faculty member, one administrator, and the Associate Director of Student Life for Student Conduct or their designee. All panel members and proceedings are conducted by officials who, at a minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability

ii. If, in the judgment of the Associate Director of Student Life for Student Conduct or their designee, the timing of the charges precludes the participation of a faculty member, the Associate Director of Student Life for Student Conduct and a student development administrator will serve as hearing officers for the case.

iii. The respondent and complainant may each have an advisor present throughout the entire process, including the hearing. The advisor is not allowed to address the investigators, address the hearing panel, or question witnesses. The advisor cannot serve as a witness. Both the complainant and the respondent can have an advisor of choice, which can include parents, attorneys, or others who are not fulltime members of the University community. Disruptive advisors will be removed from the process, and the process will continue. Students are required to notify the Office of Student Life 24 hours in advance of the hearing date if a student plans to bring an advisor. Advisors can request an outline of their role and expectations for their participation in the student conduct process.

iv. Under Title IX, both the respondent and complainant have a right to similar and timely access to information that will be used at the hearing. Although hearing materials become part of a charged student’s educational record under FERPA, the University reserves the right to share relevant case materials with both parties[DC1] .

v. The respondent and the complainant each have the right to bring witnesses to the hearing to testify on their behalf. There is no limitation placed on the number of fact witnesses; however, students are limited to two character witnesses to testify on their behalf. Students are encouraged to notify the hearing officer of witnesses attending the hearing at least 24 hours in advance of the hearing. In the event that a witness cannot attend a hearing, the witness may email or personally deliver a signed written statement directly to the hearing officer in advance of the scheduled hearing.

vi. The hearing will begin with the panel chair going over the student rights and responsibilities for the respondent, and then reading their charges. The respondent will have the opportunity to present an opening statement to the panel that describes their involvement and/or responsibility in the incident. The complainant will then have an opportunity to present their statement to the panel. The complainant may choose to present her/his testimony outside of the presence of the respondent but the respondent will be able to listen to the testimony by intercom. The complainant has the right to be present for or listen to all testimony given during the hearing, if he/she so chooses. The panel will then call witnesses and has the ability to recall the respondent and any witness, including the complainant, for clarification. The complainant has the right to provide a written impact statement that describes how the incident has affected them. The impact statement is reviewed by the hearing panel only if a determination of responsibility is made and before a sanction is determined. If an impact statement was submitted and reviewed by the hearing panel, a copy will be provided to the respondent with the decision letter.

vii. Statements or questions regarding the past sexual history of the respondent or complainant generally will not be permissible as evidence during the hearing except as they relate to the past sexual history of the respondent with the complainant.

viii. The degree of impairment of the complainant’s ability to give or withhold consent may be introduced into evidence.

ix. The panel will use a preponderance of evidence standard to evaluate complaints of sexual misconduct. If the panel determines that the respondent is responsible for a violation of this policy, the panel will decide the appropriate sanctions in accordance with the Student Code of Conduct. Drug or alcohol use by the respondent is not a defense to a charge of sexual misconduct and will not be considered a mitigating factor in assessing an appropriate sanction. Violations of the sexual misconduct policy are serious and although there are no standard sanctions outlined for violations of this policy, a range of sanctions may include the following: written reprimand, fine, restitution, educational project, alcohol and drug screening/education/treatment, civility hours, parental notification, restricted access or privileges, senior week, loss of room selection privileges, relocation to another residence, restricted contact, social restrictions, residence hall probation, disciplinary probation, deferred suspension from the residence

halls, deferred suspension from the University, suspension from the residence halls, suspension from the University, expulsion, student development assessment and evaluation, periodic drug testing, postponement of activity participation and conferring of honors and degrees, mentoring with an administrator, Jesuit reflection, and continuation/modification or interim measures[DC2] .

x. The respondent and the complainant will be informed simultaneously in writing of the outcome of the hearing, also known as the result, normally within five working days. Both parties will receive written notice of any sanctions imposed on the respondent, except that in cases of non-violent sexual harassment the complainant will only receive notice of any sanctions that relate directly to the complainant. The result must also include detailed rationale for the result and the sanctions.

xi. If the respondent is found responsible for a sexual misconduct violation, he/she may appeal the decision and/or the sanction to the University Board on Discipline. If the complainant disagrees with the findings or sanctions given to the respondent, he/she also may appeal to the University Board on Discipline. Each party is allowed one opportunity for appeal. Appeal letters should clearly state in the opening paragraph the reasons for a student’s appeal, based on one of more of the grounds outlined below:

The student alleges that their rights to a fair hearing were violated.

The student alleges that the decision/outcome is not supported by or is inconsistent with the evidence.

The student alleges that new evidence that was not available for the original hearing might impact the decision of responsibility or determination of sanction.

The student alleges that the sanctions imposed are grossly disproportionate to the findings of responsibility.

The burden is on the student to provide support for the asserted grounds in the appeal letter. Failure to follow the guidelines or to provide sufficient support for the allegations will result in the dismissal of the appeal without further proceedings. No panel members who were involved in the original hearing will serve on the University Board on Discipline for the appeal hearing. For appeals in sexual misconduct cases, the Board is comprised of two faculty members, one voting administrator, and a non-voting administrator from the Student Development Division.

xii. When an appeal letter is submitted, the other party will be given notice of the grounds of the appeal and will be provided the opportunity to submit a response. In cases where appeals are submitted by both parties, both appeals will be reviewed by the same board. Each student will have the ability to present their grounds for appeal and any new evidence, as well as respond to questions from the board and hear the rationale from the hearing officer who chaired the panel that made the original decision. The burden is on each student to present grounds for their appeal to the board that will then make the final decision regarding the findings and sanction(s) associated with the case. This decision or any changes to the results of the proceedings will be communicated simultaneously in[DC3]  writing to both the respondent and the complainant within five working days of the appeal hearing. If only one party appeals, the other party has the right to attend the hearing and participate even if he/she chooses not to appeal.

xiii. At any time during the student conduct process if the complainant or respondent desires to seek the services of the counseling center or Campus Ministry staff, he/she may contact these offices directly or through the Director of Student Life.

Retaliation

Any retaliation, reprisal, or intimidation directed toward a complainant or anyone else as a result of reporting or participating in an investigation or adjudication of alleged sexual misconduct is strictly prohibited. Any incidents of retaliation should be reported immediately to Student Life and are considered a serious violation.

Directory Information

Victims may request that directory information on file with the University be withheld by contacting Office of Technology Services.

Objectivity in Hearing Process

At the beginning of the hearing, the accused student is asked if there is any reason why a panel member(s) should not serve on the hearing panel. If yes, the accused student is asked to provide rationale, and the Hearing Officer will rule if the objection is credible and warranted.

Sexual Assault Policies and processes for Accused Faculty, Administrators and Staff

The Loyola University sexual assault policies and procedures for faculty, administrators, and staff are outlined in the Staff and Administrators Policy Manual. The following are the germane sections of the manual, for the Harassment and Discrimination Policy and Procedures:

            a. Policy - Loyola University Maryland does not discriminate on the basis of race, sex, color, national or ethnic origin, age, religion, disability, marital status, sexual orientation, gender identity, genetic information, military status, or any other legally protected classification in the administration of any of its educational programs and activities or with respect to admission or employment. Prohibited discrimination includes harassment on the basis of a protected classification and harassment based on participation in any "protected activity." Complaints of domestic violence, dating violence, stalking (whether or not based on a protected classification), and sexual exploitation are also addressed under this policy.

Discrimination, harassment, domestic violence, dating violence, stalking, and sexual exploitation are inconsistent with Loyola's commitment to excellence and respect for all individuals.  Loyola is also committed to protecting the academic freedom and freedom of expression of all members of the University community. This policy shall be applied in a manner that protects the academic freedom and freedom of expression of all parties to a complaint. Academic freedom and freedom of expression include but are not limited to the expression of ideas, however controversial, in the classroom, residence hall, and, in keeping with different responsibilities, in workplaces elsewhere in the University community.

            b. Scope- This policy prohibits discrimination, harassment, domestic violence, dating violence, stalking, and sexual exploitation of students, employees or program participants of Loyola University Maryland by anyone on University property or at University-sponsored activities. This policy applies to situations in which the person alleging a violation (the "complainant") or the person accused of a violation (the "respondent") is an employee, student, or program participant of Loyola University Maryland. Loyola students and employees who are studying or teaching off-campus (e.g., semester abroad) or are on a leave of absence (e.g., medical leave, sabbatical) remain covered by this policy.

Allegations against student employees in their capacity as employees are resolved through this policy by the director of student life and the director of human resources generalist services.

Allegations against students in their capacity as students are resolved through the student conduct process rather than under this policy. The Community Standards can be found at http://www.loyola.edu/department/studentlife/studentconduct.

Allegations involving individuals who are not current employees or students of Loyola (e.g., applicants for admission or employment, alumni, independent contractors, vendors, recruiters) are addressed on a case-by-case basis using an appropriate procedure as determined by the human resources office.

 

Harassment other than on the basis of a protected classification is also prohibited by University policy and may be the subject of a complaint using the Grievance Policy and Hearing Procedures (Section 8.18 of the Staff and Administrator Policy Manual).

            c. Compliance- The designated official to ensure Loyola's compliance with Title IX of the Education Amendments of 1972, as amended, which prohibits sex discrimination including sexual harassment and sexual violence, is Kathleen M. Parnell, Assistant Vice President for Human Resources, 5000 York Road, Suite 200, Baltimore, MD 21212, Phone: 410-617-2354, Email:  kmparnell@loyola.edu.

The designated official to ensure Loyola's compliance with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap/disability, is Katsura Kurita, Assistant Vice President for Student Development, 4501 N. Charles Street, Baltimore, Maryland, 21210, Phone: 410­-617-5646, Email:  kkurita@loyola.edu.

Complaints may also be filed with the U.S. Department of Education, Office of Civil Rights (www.ed.gov).

This policy, the following Procedures for Resolution of Complaints, and the Community Standards are only part of Loyola's effort to prevent discrimination and harassment, domestic violence, dating violence, stalking, and sexual exploitation in our community. In addition to spelling out steps for making and resolving complaints, the University is also committed to programs of education and prevention.

d. Definitions-

1. Dating violence: There is no Maryland law definition of dating violence (it is not distinguished from general crimes of violence, such as assault).

Dating Violence: 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 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.
For the purposes of this definition-
Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
Dating violence does not include acts covered under the definition of domestic violence.

2. Consent: There is no Maryland law definition of consent (it is not distinguished from general crimes of violence, such as assault). “Consent” is defined as an affirmative indication by words and/or actions of a voluntary agreement to engage in the particular sexual act or conduct in question. Consent for one sexual act or conduct does not constitute consent to all sexual acts or conduct. Consent can be withdrawn at any time, and once withdrawal of consent has been expressed, sexual activity must cease. Consent cannot be obtained through the use of force, threat, intimidation, or coercion. Consent cannot be given by someone who is not able to effectively communicate or to understand the nature of the conduct being engaged in as a result of incapacitation due to consuming drugs or alcohol or for any other reason (including but not limited to being unconscious, asleep, or otherwise unaware that sexual activity is occurring). Incapacitation may also exist because of a physical, mental or developmental disability. Silence or absence of resistance on the part of an individual does not constitute his or her consent.

Sexual and gender based misconduct includes gender based harassment that does not involve conduct of a sexual nature.

3. Domestic violence: is defined by the State of Maryland as domestic violence “abuse” as the occurrence of one or more of the following acts between “family or household members”:

Assault
An act that places a person in fear of imminent serious bodily harm
An act that causes serious bodily harm
Rape or sexual offense
Attempt rape or sexual offense
Stalking
False imprisonment, such as interference with freedom, physically keeping you from leaving your home or kidnapping you.

Domestic Violence: The term ‘‘domestic violence’’ includes 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 Maryland, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Maryland.

4. Harassment means unwelcome verbal, written or physical conduct based on a protected classification (race, sex, color, national or ethnic origin, age, religion, disability, marital status, sexual orientation, gender identity, genetic information, military status, or any other legally protected classification) that has the purpose or effect of unreasonably interfering with an individual's work or education (including living conditions) or that creates an intimidating, hostile or offensive environment.

5. Sexual assault: An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.”

            Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

            Fondling: The touching of the private 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 his/her age or because his/her temporary or  permanent mental incapacity.

            Incest: Sexual intercourse between persons who are related to each other within degrees wherein marriage is prohibited by law.

            Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent[DC4] .

. For more information on the University’s response to sexual assault, refer to the Annual Security Report found at http://www.loyola.edu/department/publicsafety/reporting/annual-security-report.

6. Sexual exploitation means taking non-consensual or abusive sexual advantage of another person for one’s own advantage or benefit or for the advantage or benefit of anyone other than the person being exploited. Examples include but are not limited to non-consensual photography, video-, or audio-recording sexual images or activity, distributing images of sexual activity without consent, allowing others to observe a consensual sexual act without the prior knowledge or consent of all involved parties, and voyeurism.

7. Sexual harassment is a form of harassment with specific distinguishing characteristics. It consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

      a. submission to such conduct is made, explicitly or implicitly, a term or condition of an individual's employment or education; or

      b. submission to or rejection of such conduct is used as a basis for employment or educational decisions affecting an individual; or

      c. such conduct has the purpose or effect of unreasonably interfering with an individual's work or education (including living conditions), or

      d. creating an intimidating, hostile or offensive environment.

8. Sexual misconduct includes sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, and stalking. Additional procedures and information specifically related to sexual misconduct are outlined below in Section 8.8.

9. Stalking: is[DC5]  defined by the State of Maryland as: (Criminal Law Article § 3-801)

(a) In this section, “stalking” means a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear: of serious bodily injury; of an assault in any degree; of rape or sexual offense as defined by §§ 3–303 through 3–308 of this title or attempted rape or sexual offense in any degree; of false imprisonment; or of death; or that a third person likely will suffer any of the acts listed in item(1) of this subsection.

In this subtitle, “course of conduct” means a persistent pattern of conduct, composed of a series of acts over time that shows a continuity of purpose.

Stalking - The term ‘‘stalking’’ means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

                                    1. Fear for his or her safety or the safety of others; or

                                    2. Suffer substantial emotional distress.

For the purposes of this definition:
Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

            e. Retaliation - It is a violation of Loyola's harassment and discrimination policy to retaliate against any person for making an allegation or participating in an investigation of an alleged violation of this policy. A complaint of retaliation may be pursued using the steps set forth in this policy. When necessary, the University will monitor student grading or faculty/staff reappointment, tenure, promotion, merit review, or other decisions in order to ensure that prohibited retaliation does not occur. The University reserves the right to take immediate measures to prevent violations pending the outcome of any proceedings under this policy.

            f. Knowingly Filing False Complaints - Knowingly filing a false complaint of harassment, discrimination, retaliation, domestic violence, dating violence, or stalking is a violation of this policy. Employees who knowingly file a false complaint are subject to disciplinary action.

            g. Intentional Breaches of Confidentiality - Participants in this process, including the complainant and respondent, witnesses, investigators, supervisors/department chairs or their designees, and University officers may be directed to maintain appropriate confidentiality regarding the proceedings in order to protect the integrity of the investigation, to protect the privacy rights of the individuals involved, or for other valid reasons, provided that a complainant or respondent may not be required to maintain confidentiality as to the outcome of the investigation. Any questions regarding confidentiality, including who has a "need to know" in a particular case, should be directed to human resources.

A complaint alleging an intentional breach of confidentiality may be pursued using the procedures set forth below. Such a breach may also constitute an act of retaliation. A breach of confidentiality may void the outcome of any previously agreed-upon resolution to a complaint.

            h. Procedures for Resolution of Complaints

                        1. Introduction - The following Procedures provide for prompt, fair and impartial investigation and resolution of all reports of harassment and discrimination, sexual assault, domestic violence, dating violence, stalking or sexual exploitation within the Scope of this policy, whether or not a formal or informal complaint has been made. Investigations will be conducted by officials who have received appropriate annual training. Loyola will undertake immediate and appropriate corrective action whenever it determines that a violation of this policy has occurred[DC6] .

In considering a complaint under this policy, the following understandings shall apply:

                                    a. Harassment must be distinguished from behavior that, even though unpleasant or disconcerting, is appropriate to the carrying out of certain instructional, advisory, or supervisory responsibilities.

                                    b. The conduct alleged to violate this policy should be evaluated from the perspective of a reasonable person similarly situated to the complainant and considering all the circumstances.

                                    c. Filing a complaint under this policy does not preclude an employee from filing a charge of employment discrimination with the EEOC, or Maryland Commission on Human Relations, within the time frames established by those agencies. Filing a complaint under this policy does not preclude a student or employee from filing a written complaint with the Department of Education's Office of Civil Rights within 180 calendar days of the date of the alleged discrimination.

            i. Informal Intervention - Any member of the Loyola community who believes that he or she has experienced harassment, discrimination, sexual assault, domestic violence, dating violence, stalking, or sexual exploitation in violation of this policy is encouraged to report the incident(s) as soon as possible. A complainant may end the informal stage at any time and may initiate a formal complaint. 

j. Options for Informal Resolutions

Discuss the situation with the assistant vice president for human resources or other designated individuals who are available through the following offices:

1. Undergraduate Students:

Office of Student Development

Dean of First-Year Students and Academic Services

Dean of Loyola College

Dean of the School of Education

Dean of the Sellinger School of Business and Management

Assistant Vice President Student Development and Title IX Deputy Coordinator

Assistant Vice President Human Resources and Title IX Coordinator

2. Graduate and Professional Students:

Dean of Loyola College

Dean of the School of Education

Dean of the Sellinger School of Business and Management

Director of Graduate Admission

Associate Vice President Graduate Studies

Assistant Vice President and Director Athletics

Assistant Vice President Student Development and Title IX Deputy Coordinator

Assistant Vice President Human Resources and Title IX Coordinator

3. Faculty:

Human Resources Office

Office of the Vice President for Academic Affairs

Associate Vice President for Academic Affairs and Diversity

4. Deans

Assistant Vice President Human Resources and Title IX Coordinator

Title IX Deputy Coordinator for Faculty, Staff and Administrators

5. Staff and Administrators:

Human Resources Office

Division Vice Presidents

Assistant Vice President Human Resources and Title IX Coordinator

Title IX Deputy Coordinator for Faculty, Staff and Administrators

Meet with the individual whose behavior is disturbing, discuss the situation, and make it clear that the behavior is unwanted. Such actions may be discussed with human resources in advance of the meeting. (Note: this option is not appropriate in cases of alleged sexual assault.)

Contact the supervisor/department chair or dean of the person whose behavior is disturbing and request assistance to stop the behavior.

For an informal interview, request assistance from the human resources office (ext. 2354).

The University also has three anonymous reporting methods:

http://www.loyola.edu/department/reportbias.aspx

k. Assistance with Informal Interventions

                        1. Human resources may assist an individual who does not wish to file a formal complaint but who seeks informal intervention to end conduct that the person believes violates this policy.

                        2. Human resources, or another person designated by human resources, may discuss the alleged conduct with the respondent, remind him or her of University policies, and seek a commitment by the respondent to comply with these policies. In addition, appropriate disciplinary action may be taken, up to and including termination, depending on the nature and severity of the conduct and the respondent's overall work history.

                        3. After an informal intervention has concluded, human resources will collect and maintain all documentation concerning the complaint. Such a record will be kept in order to document that an informal complaint was made and that actions were taken in response to the complaint.

NOTE: Some forms of behavior that are disturbing to members of the Loyola community may not meet the definitions of behavior prohibited by this policy. Such behavior may, nonetheless, be prohibited by other policies, rules, or procedures. Questions about handling complaints under any other policies and procedures may be directed to deans and to human resources staff.

            l. Initiating a Formal Complaint

Formal complaints of harassment or discrimination should be filed with human resources as soon after the offending conduct as possible, but no later than 180 calendar days after the most recent conduct alleged to violate this policy. Human resources may grant a reasonable extension of any other time period established in these guidelines; however, the 180 calendar day time limit for filing a formal complaint shall not be extended.  The 180-calendar-day statute of limitation on the filing of claims is intended to encourage complainants to come forward as soon as possible after the offending conduct and to protect respondents against complaints that are too old to be effectively investigated. There may, however, be sound reasons why a complainant does not come forward within 180 calendar days. Although such a complaint cannot be pursued under the formal complaint procedures, there may still be options for responding to such complaints through counseling or informal intervention. If sufficient evidence is available, an investigation can be undertaken by appropriate authorities to determine if the behavior constitutes misconduct under other conduct processes.

            m. Written Complaint and Response - A formal complaint must be submitted in writing to human resources and signed by the complainant. This written complaint shall include the names of the complainant and the respondent and the details of the conduct alleged to violate this policy.  Within five calendar days of receiving the written complaint, human resources will provide the respondent with a copy of the complaint. The respondent must submit to human resources a response to the charges within 14 calendar days. Upon receipt of the respondent's answer to the complaint, the human resources office shall forward a copy of the response to the complainant.

            n. Investigation - Within five working days of receiving a copy of the response to the complaint, a designee of the human resources office will initiate an investigation to determine whether there is a reasonable basis for believing that the alleged violation of the policy occurred. During the investigation, the investigator will interview the complainant, the respondent, and any witnesses who may have direct relevant information to determine whether the conduct occurred and whether such conduct violated this policy. (In cases of alleged sexual assault, dating violence, domestic violence, and stalking, both the complainant and the respondent shall have the same opportunities to be accompanied to any meeting or disciplinary proceeding by an advisor of their choice.)  In appropriate cases, including sexual misconduct investigations, interim measures may be put in place such as no contact orders, changes to work schedules/situations, interim suspension for the respondent, and other measures for safety as necessary.

            o. Settlement Negotiation - Within seven calendar days of receiving a copy of the response to the complaint, human resources shall schedule a meeting with each of the parties, together or separately, to attempt to negotiate a settlement of the complaint; provided, however, that the parties will not be requested or permitted to meet together in sexual misconduct cases.  A settlement shall occur when the parties agree to a resolution of the complaint in writing. A resolution may include, but is not limited to, withdrawal of the complaint without the right to re-file it; an agreement by the respondent to terminate or not repeat specific conduct; an apology; or participation in counseling. Human resources shall review all settlements to ensure that the parties fully understand the terms. If there is any sanction agreed to as part of the resolution, the official responsible for implementing any such sanction must also agree to the settlement.

            p. Finding, Determination, and Sanction - If a settlement is not reached within 30 calendar days of this initial meeting, human resources shall make a written determination, using a “preponderance of evidence” standard, which includes a finding of whether the conduct alleged in the complaint occurred and whether such conduct violated this policy. The written determination will be completed within five working days of the end of the settlement period, unless new information is brought forward during the negotiation period that requires further investigation. If human resources determines that the respondent violated this policy, human resources shall consult with the appropriate responsible individual to determine the sanction to be imposed by the University. Taking into account the nature and severity of the violation and the respondent's employment record, sanctions may include: mandatory assessment and compliance with treatment recommendations; prohibition from participating in grading, honors, recommendations, reappointment and promotion decisions, or other evaluations of the complainant; letter of reprimand and a copy of the complaint and its disposition placed in the respondent's personnel file; restrictions on the respondent's access to University resources, such as merit pay or other salary increases for a specific period; written warning or probation; or suspension or dismissal from the University[DC7] .

Human resources shall notify the complainant and the respondent simultaneously, in writing, of the determination. If it is determined that the policy was violated, the notice will include the sanction(s) to be imposed.

            q. Responsible Official - In cases in which the respondent is a member of the faculty, the responsible official shall be the dean of the school or college to which the respondent belongs, or the vice president for academic affairs.  In cases in which the respondent is a non-faculty administrator or staff member, the responsible official shall be the appropriate vice president, or his/her designee. If the respondent is a non-faculty administrator or staff member in a division that reports directly to the president, the responsible official shall be designated by the president. If the respondent is the president, the responsible official shall be the Chairperson of the Board of Trustees.  In cases in which the respondent is a student employee (graduate or undergraduate); the responsible official shall be the appropriate vice president of the division or dean of the college in which the student is employed.

            r. Appeals to the President - [Note: In accordance with the Scope of this Policy, this appeals procedure does not apply to allegations against students that are resolved through the student conduct process.]

Within 14 days of receiving notice of the determination and the sanction, if any, the complainant or the respondent, or both, may file an appeal, in writing, to the president based on one or more of the following grounds:

                        1. The determination is not supported by the evidence.

2. Relevant new evidence that was not available for consideration prior to the determination has been discovered.

                        3. The sanction is disproportionate to the offense.

                        4. Procedural error(s) occurred that materially affected the outcome of the investigation.

The president shall review the appeal based on the written record, without a hearing. The president may remand the case to human resources for further investigation and findings. Within 30 days of receipt of the last-filed appeal, the president shall render a final decision simultaneously, in writing, to the complainant and the respondent.

            s. Sexual Misconduct

Reports of sexual misconduct also can be made to any “responsible employee,” defined as any University administrator, faculty member, campus police, coach, trainer, resident assistant, or non-confidential first responder who has the authority to take action to redress the sexual misconduct or whom a student could reasonably believe has such authority or duty.  Campus Police and the student life on-call staff can be reached at 410-617-5010.

You will be asked to provide a statement to the University investigator(s). It is important to give as much information as possible because your statement will serve as the basis for further investigation of any case and any resulting proceedings. You will be provided with a written explanation of your rights and options including procedures victims should follow, information as to how Loyola University Maryland will protect confidentiality of victims and other necessary parties, notification about services available for victims within the University and in the community, options for available assistance and interim measures, and an explanation of the procedures for University disciplinary action. Pursuant to a policy developed by Student Life, students who report or witness sexual misconduct will not be subject to disciplinary action for the student’s own personal consumption of alcohol or drugs at or near the time of the incident. In such cases, the University may initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.

The University encourages any individual who has been a victim of domestic violence, dating violence, sexual assault, or stalking to report the incident to the Baltimore City Police. The director of public safety or his/her designee can assist the victim in contacting the appropriate law enforcement officials and in working with these officials to pursue criminal charges against the alleged respondent. Victims also have the option to decline to notify law enforcement authorities. Protective orders and peace orders may be sought through the court system. Baltimore City Police can be reached by calling 911.

Reports made to a licensed counselor, clergy acting in their pastoral role, or treating health care provider are confidential and will not be reported for investigation without your permission unless an imminent threat exists. For students, Loyola’s Counseling Center can be reached at 410-617-2273 and the Student Health Center can be reached at 410-617-5055. 

Individuals are encouraged to seek medical assistance in cases of sexual misconduct.  Upon request, campus police will provide transportation to Mercy Hospital, designated as one of the city’s rape treatment centers. This hospital is equipped to perform the Sexual Assault Forensics Exam (SAFE) and provide victim services.  It is important to preserve evidence for proof of a criminal offense if charges may be filed.

Interim measures may be offered to an individual who has been subjected to sexual misconduct. These interim measures may include but are not limited to: no contact order, new housing assignment, changes to class schedules, assistance with rescheduling an academic assignment (paper, exam, etc.), tutoring support, changes to work schedules/situations, transportation assistance and escorts to and from campus locations, interim suspension for the respondent, and other measures for safety as necessary.

t. Monitoring - At the beginning of each academic year, human resources shall submit a written report to the president setting forth the number of informal and formal cases filed in the prior year, and which of these cases, if any, reached mediated solutions.

The report shall also specify the number of cases in which human resources made findings of violations of this policy, the types of violations, and the final disposition of the cases, including any disciplinary action taken. The cases shall be reported in a manner that protects the privacy of the parties. The president shall make the annual report available to all members of the University community.


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