Sexual Misconduct Policy

Sexual Misconduct Policy (from 2015-2016 Community Standards Booklet, pp. 35-42)

21. Sexual Misconduct

For purposes of this section, “consent” is defined as an affirmative indication 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 Consent can be withdrawn at any time, and once withdrawal of consent has been expressed, sexual activity must cease.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.

Examples of sexual misconduct include the following:

a. Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances, requests, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct is a condition or basis for employment or educational decisions affecting the individual, or which is sufficiently severe, pervasive, and objectively offensive as to have the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive educational or work environment.

b. Sexual Verbal Abuse

Sexual verbal abuse is using language that is sexual in nature and unwanted on the part of another person. Examples include but are not limited to phone calls or use of written and/or verbal communication that are intimidating, threatening, or obscene in nature.

c. Sexual Assault

Sexual assault includes any sexual act or sexual contact without consent, including intercourse; oral sex; unwanted touching of an intimate body part of another person, such as sexual organs, buttocks, or breasts; or an attempt of any of the above. Rape is a type of sexual assault. This description of prohibited sexual acts and conduct is not intended to be inclusive of all conduct that could fall within this category. It is the intent of this policy to provide notice that any unconsented sexual conduct, whether by a stranger or an acquaintance of the victim, is prohibited.

d. Domestic Violence

Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse 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, 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 violence laws of Maryland.

e. Dating Violence

Dating violence encompasses a broad range of behaviors, including sexual assault, physical abuse, and other forms of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant and where the existence of such a relationship is determined based on the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

f. Stalking

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress.

g. Sexual Exploitation

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.

Preventing Sexual Misconduct

As members of the University community, students are expected to respect the rights, dignity, and personhood of others. The University encourages students to understand the limitations governing sexual contact (including intercourse) between persons. The Counseling Center provides qualified professionals who can help students clarify their feelings about sexuality and intimacy and help students develop assertiveness skills that may be useful in managing potentially difficult situations. The Counseling Center staff provides direct service and referrals for survivors of sexual misconduct.

Educational programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking are offered at New Student Orientation, in new employee orientation, in the residence halls, and on campus throughout the academic year. Such prevention and awareness programs include a statement that the University prohibits all forms of sexual misconduct, definitions of various types of sexual misconduct and of consent, safe and positive options for bystander intervention, and information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks.

Reporting Sexual Misconduct

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:

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: Karen Feeley, Director, Employee Engagement, 5000 York Road 410-617-1345, kafeeley@loyola.edu

Title IX Deputy for Public Safety and Crimes: Rufus Dawson, Associate Director for Public Safety 5104 York Road 410-617-5284, rdawson@loyola.edu

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 Residence Life & Housing 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 Residence Life & Housing. 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. If you have been a victim, you have the right to file criminal charges with the appropriate law enforcement official. 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

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 against a student, the Office of Residence Life & Housing 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 Residence Life & Housing for Student Conduct or their designee. All panel members will receive special training on sexual misconduct cases.

ii. If, in the judgment of the Associate Director of Residence Life & Housing for Student Conduct or their designee, the timing of the charges precludes the participation of a faculty member, the Associate Director of Residence Life & Housing 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 Residence Life & Housing 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.

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.

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 the 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 will be communicated in 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 Residence Life & Housing.

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 Residence Life & Housing and are considered a serious violation.