Loyola University Maryland

Public Safety

Sexual Assault Policies for Student 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. 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.

Reports of domestic violence, dating violence, sexual assault, and stalking should be reported to Campus Police or the Title IX Coordinator. Reports can also be made to local law enforcement authorities. Campus Police is available to assist complainants in making reports to local law enforcement authorities. Complainants can decline to notify local law enforcement authorities.

When a report of domestic violence, dating violence, sexual assault or stalking is reported to the university, the Sexual Misconduct Process will be followed for students and the Procedures for Resolution for Complaints will be followed for employees under the Harassment and Discrimination Policy for Faculty, Staff and Administrators. These procedures and processes can be found online at www.loyola.edu/department/title-ix/policy.

Loyola University Maryland Notice of Rights and Options for Sexual Misconduct Incidents

The Loyola University Maryland Notice of Rights and Options for Sexual Misconduct Incidents is a written explanation of the student or employee’s rights and options provided to all complainants and respondents involved in reports of domestic violence, dating violence, sexual assault, and stalking regardless if the offense occurred on or off campus. This written document also provides notification to students and employees about existing resources available from within the institution as well as those available within the larger community in the following areas:

  1. Counseling
  2. Physical Health
  3. Mental Health
  4. Victim Advocacy
  5. Legal Assistance
  6. Visa & Immigration Assistance
  7. Student Financial Aid
  8. Other services available for victims

Preserving Evidence

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. If the incident occurred on campus, then the Baltimore Police Crime Scene Unit may 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.

Complainants of domestic violence, dating violence, sexual assault, and stalking are encouraged to preserve evidence by saving text messages, instant messages, social networking pages, other communications, pictures, and log or other copies of documents that would be useful to university investigators, hearing board members or police.

Orders of Protection and Safety Plan

There are interim measures that may be offered to complainants, respondents, and other necessary parties regardless of whether the victim chooses to report the crime to Public Safety or local law enforcement, which may include but are not limited to: no contact orders; 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; visa and immigration assistance; medical leave of absence including information on financial impacts; interim suspension for the alleged perpetrator (“respondent”); and other measures for safety as necessary. These requests should be made through the appropriate Title IX Coordinator.

The Maryland Judiciary provides information on how to file for a peace or protective order at http://mdcourts.gov/courtforms/joint/ccdcdvpo001br.pdf.  Information regarding legal assistance and attorneys who can help to secure a protective order or peace order, may be obtained by contacting MCASA’s Sexual Assault Legal Institute (SALI) at 301-565-2277 or toll-free at 1-877-496-SALI.  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 www.msba.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 and is in charge of prosecuting sex crimes on behalf of the state of Maryland. You may also contact our Sexual Violence Prevention, Education and Response Coordinator, in the Women’s Center at 410-617-6769 or Public Safety for assistance in securing a protective order and to develop a Safety Action Plan.

Confidentiality

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.

In cases involving allegations of domestic violence, dating violence, sexual assault, and/or stalking, the university will not include names or other personally identifying information about complainants, respondents, or witnesses in its publicly available records, including the Daily Crime Log, and the Annual Security and Fire Safety Report. Any accommodations or protective measures adopted in such cases also will not be disclosed more broadly than is necessary to achieve the result sought by such accommodations or measures.

Confidential resources are available for support on campus.  Students may access professional counselors in the Counseling Center at 410-617-2273 or the Office of Student Support and Wellness Promotion 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 Melissa Lees, Sexual Violence Prevention, Education and Response 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 hours a day at 1-800-765-0770.  Additional resources for counseling and assistance, both on and off campus, are listed in this document.

Investigation Proceeding

The University is committed to providing a fair, prompt, and impartial investigation proceeding that is –

  1. Completed within reasonably prompt timeframes designated by the university policy, including a process that allows for the extension of timeframes for good cause with written notice to the accuser and the accused of the delay and the reason for the delay;
  2. Conducted in a manner that –
    1. Is consistent with the university’s policies and transparent to the accuser and accused;
    2. Includes timely notice of meetings at which the accuser or accused, or both, may be present; and
    3. Provides timely and equal access to the accuser, the accused, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearing; and
    4. Provides the accuser and the accused with the same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice.
  3. Conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking as well as how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
  4. Conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused.

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, dating violence, and domestic violence, advisors may assist a party with understanding the investigation process and preparing for meetings and interviews; attending meetings and interviews with the party; reviewing any statements prepared by the party; and providing 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 Coordinator 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 involving students.  An advisor can be recommended upon request by students.  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.

The student disciplinary process is managed by the Director of Student Conduct who is available to explain the conduct process. The sexual misconduct section of the Community Standards outlines the procedures for the adjudication of these incidents and is online at www.loyola.edu/department/studentlife/studentconduct. A student conduct decision is based on a preponderance of the evidence standard, i.e., “more likely than not to have occurred” standard.

Regular updates on the status of a complaint will be provided to both parties.  The complainant and respondent will be concurrently 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, including timely notice of meetings where the complainant or respondent or both may be present.  Further, both parties will be concurrently advised of the following: a) the decision of the hearing board; b) procedures to appeal the decision; c) the outcome of an appeal; and d) when the results become final.  The University will, upon written request, disclose to the victim of a crime of violence or a non-forcible sex offense, the results of any disciplinary proceeding against a respondent of such crime or offense. 

Sanctions

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 for student cases: 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 of interim measures.  For employees, the potential sanctions may include the following range of outcomes: participation in counseling; 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; or suspension or dismissal from the University. 

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.

Procedures for Adjudicating Charges of Sexual Misconduct for Accused Students

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.

Upon becoming aware of an allegation of sexual assault, domestic violence, dating violence, and/or stalking 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.

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.

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.

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 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.

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 ManualThe following are the relevant sections of the manual regarding disciplinary procedures:

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

Finding, Determination, and Sanction - If a settlement is not reached within 30 calendar days of the 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 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 policy, human resources shall consult with the appropriate responsible individual to determine the sanction to be imposed by the University which 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.

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.


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