The Sexual and Gender-Based Misconduct Policy prohibits sexual harassment, domestic violence, dating violence, stalking and sexual assault of students, employees, or program participants of Loyola University Maryland by anyone on University property or at University-sponsored activities, and as otherwise included within the scope of the policy. The policy applies to situations which the person accused of a violation (“respondent”) is a student, employee, or program participant at Loyola University Maryland. The policy also applies to conduct prohibited by Title IX and conduct which, although not falling under Title IX, violates the University’s own conduct policies.
Reports of domestic violence, dating violence, sexual assault, and stalking should be reported to DPS or the Title IX Coordinator. Reports can also be made to local law enforcement authorities. DPS 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.
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, 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 will not be disclosed more 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 410-617-227.
- 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.
- The 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:
- Completed within reasonably prompt timeframes designated by 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.
- Conducted in a manner that:
- Is consistent with the University’s policies and transparent to the accuser and accused.
- Includes timely notices of meetings at which the accuser or accused, or both, may be present, and
- 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
- 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.
- 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.
- Conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused.
Parties have a right to have two advisors of choice to support and accompany them during 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 parties during meetings or interviews or via 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 Student Community Standards Handbook outlines the procedures for the adjudication of these incidents and is online at www.loyola.edu/department/student-conduct. A student conduct decision is based on a preponderance of the evidence, which is the “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 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. Parties will also be provided with documents obtained during the investigation, including timely notice of meetings where the complainant or respondent or both may be present. In addition, both parties will be advised of the following:
- The decision of the hearing board.
- Procedures to appeal the decision.
- The outcome of an appeal.
- When the results become final.
Upon written notice, the University will 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 reprimands.
- Fines.
- Restitution.
- Educational projects.
- Alcohol and drug screening/education/treatment.
- Civility hours.
- Parental notification.
- Restricted access or loss of privileges such as:
- Restrictions from 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.
- Continuation/modification of interim measures.
For employees, the potential sanctions may include the following:
- 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.
- Suspension or dismissal from the University.
Reporting Sexual Misconduct
Allegations or notice of sexual misconduct on University property, at a University-sponsored event regardless of location, in the administration of any of Loyola’s educational programs/activities, or inquiries about or concerns regarding this policy and procedures, should be directed to one of the following individuals:
Title IX Coordinator for the University
Kathleen Parnell, Assistant Vice President for Human Resources
5000 York Road
410-617-1345
kparnell@loyola.edu
Title IX Deputy Coordinator for Students
David Tiscione, Director of Title IX Compliance and Assessment
Jenkins Hall
410-617-5171
dmtiscione@loyola.edu
Title IX Deputy Coordinator for Faculty, Staff, and Administrators
Karen Feeley, Director of Employee Engagement
5000 York Road
410-617-1345
kafeeley@loyola.edu
Inquiries may be made externally to:
Office for Civil Rights (OCR)
U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-1100
Customer Service Hotline: 800-421-3481
Facsimile: 202-453-6012
TDD#: 877-521-2172
Email: OCR@ed.gov
http://www.ed.gov/ocr
Officials with Authority
The University has determined a list of administrators who are Officials with Authority (OWA) to institute corrective measures. In addition to the Title IX Coordinator and Deputies listed above, the University has designated Title IX Intake Officers as OWAs.
Title IX Intake Officers
Administrators designated as Title IX Officers are available to meet with complainants and other reporting parties to review their rights, resources, and reporting options that are available both on and off-campus, including offering and implementing supportive measures, regardless of whether they desire to file a complaint. A list of these officers may be found on the Title IX website.
Additional Reporting Options
Reports can also be made anonymously or identified using the methods outlined below. It should be noted that the University’s ability to investigate or act upon anonymous reports may be limited.
Additional reporting methods:
Upon receiving a report, the complainant and/or reporting party, if different from the complainant, will be provided with a written explanation of their rights and options which, in addition to the information described in this section, will include information about legal service organizations and referral services. The Title IX Coordinator seeks to determine if the person wishes to make a formal complaint, and will assist them to do so, if desired. If they do not wish to do so, the Title IX Coordinator determines whether to initiate a complaint.
The University encourages any student or employee who has experienced domestic violence, dating violence, sexual assault, or stalking to report the incident to the Baltimore City Police or local law enforcement and encourages students who experience these behaviors to additionally consult their parents/guardians. 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.
Supportive Measures
Upon receiving notice or a complaint, the appropriate Title IX Coordinator (or designee) will promptly offer supportive measures to the parties designed to restore or preserve access to the University’s education program, activity, or work environment. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge and can include actions deemed necessary to protect the well-being of the individuals involved in cases of sexual misconduct, as well as the educational environment of the University community. These supportive measures may include but are not limited to: counseling, no contact orders, relocating residence hall assignments, restricting access to certain campus buildings, changes to class schedules, assistance with rescheduling an academic assignment (paper, exam, etc.), tutoring support, changes to work schedules/situations, changes to work locations, leaves of absences, transportation assistance and escorts to and from campus locations, increased security and monitoring of certain areas, and other measures for safety as necessary. Additionally, the University may act to remove a respondent entirely or partially from its education program or activities on an emergency basis as outlined in 8.8.12 Emergency Removal and Administrative Leave below.
The University will maintain the privacy of the supportive measures, provided that privacy does not impair the University’s ability to provide the supportive measures. The University will act to ensure as minimal an academic impact on the parties as possible. The University will implement measures in a way that does not unreasonably burden the other party.
When a Complainant Does Not Wish to Proceed
To initiate a complaint under the Sexual and Gender-Based Misconduct Policy, a complainant would need to file a formal complaint. The University understands that some complainants may seek confidentiality with respect to a report of sexual harassment or other sexual misconduct, including requesting that they not be identified to the respondent. Due to the usually private nature of these actions and the need to ensure a fair process for all involved, the University may not be able to pursue charges of sexual misconduct unless the complainant is willing to be identified. However, in cases where there is a witness to the alleged violation, or in cases where pursuing the case is necessary to protect the University community, the University reserves the right to pursue a case to its conclusion. If the complainant requests confidentiality or that a report not be pursued, the University will evaluate the request for confidentiality considering its obligation to maintain a safe campus environment for all. While rare, the University may determine that the complainant’s request for confidentiality cannot be complied with fully. The goal is to provide the complainant with as much control over the process as possible, while balancing the University’s obligation to protect its community.
The appropriate Title IX Coordinator’s decision should be based on whether there is a compelling risk to health and/or safety that requires the University to pursue formal action to protect the community, such as where multiple reports have been received about the same respondent, violent acts or weapons are involved, or the incident involved the use of date-rape drugs.
The appropriate Title IX Coordinator must also consider the effect that non-participation by the complainant may have on the availability of evidence and the University’s ability to pursue a formal grievance process fairly and effectively. The University will dismiss complaints as outlined in section 8.8.17.8 Dismissal of a formal complaint (Mandatory and Discretionary).
When the appropriate Title IX Coordinator executes the written complaint, they do not become the complainant. The complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this policy.
When the University proceeds, the complainant (or their advisor) may have as much or as little involvement in the process as they wish. The complainant retains all rights of a under this policy irrespective of their level of participation.
In cases in which the complainant requests confidentiality or no formal action and the circumstances allow the University to honor that request, the University will offer supportive measures and remedies to the complainant and the community but will not otherwise pursue formal action.
If the complainant elects to take no action, they can change that decision if they decide to pursue a formal complaint at a later date. Upon making a formal complaint, a complainant has the right, and can expect, to have allegations taken seriously by University, and to have the incidents investigated and properly resolved through these procedures.
Promptness
All allegations are acted upon promptly by the University once it has received notice or a formal complaint. Generally, formal complaints can take at least 60 business days to resolve. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but the University will avoid all undue delays within its control.
Any time the general timeframes for resolution outlined in the procedures will be delayed, the University will provide written notice to the parties of the delay, the cause of the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.
Emergency Removal and Administrative Leave
Emergency Removal of Student Respondents
The University can act to remove a student respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal. This process will be implemented as outlined in University Regulations and Policies II.B Immediate Removal from Campus of the Community Standards.
Administrative Leave for Employee Respondents
The University retains the authority to place a non-student employee respondent on administrative leave during the Title IX Grievance Procedures, consistent with section 1.29 in the Staff and Administrator Policy Manual or “Article Eleven: Suspension” in the Faculty Handbook.
Determining Applicable Procedures
Formal Complaints falling “under Title IX” as described in the “Scope” section above will be investigated and adjudicated by the procedures outlined in the Student Respondent Title IX Grievance Procedures- Hearing procedures for incidents that fall within Title IX jurisdiction for students and in the Employee Respondent Title IX Hearing Process for employees. Together, these procedures for complaints falling “under Title IX” are referred to as the “Title IX Grievance Procedures.”
The University also may address complaints outside the jurisdiction outlined above – i.e., not occurring “under Title IX” – that effectively deprive someone of access to the University’s educational program or that are otherwise in violation of this policy but not conduct prohibited by Title IX. The University may also address complaints involving off-campus, study abroad programs, and/or to online conduct when the appropriate Title IX Coordinator (or designee) determines that the conduct affects a substantial University interest. Complaints that do not fall “under Title IX” will be acted upon, investigated, and adjudicated by the procedures outlined in Student Respondent General Sexual Misconduct Process for students and in section 8.7 under the Harassment and Discrimination Policy and Procedures for employees. Together, these procedures for complaints that do not fall “under Title IX” are referred to as the “University’s General Sexual Misconduct Procedures.”
Regardless of where the conduct occurred, the University will review reported incidents to determine whether the conduct occurred in the context of its educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. A substantial University interest includes:
- Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law.
- Any situation in which it is determined that the respondent poses an immediate threat to the physical health or safety of any student or other individual.
- Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes social disorder; and/or
- Any situation that is detrimental to the educational interests or mission of the University.
If the respondent is unknown or is not a member of the University community, the appropriate Title IX Coordinator (or designee) will assist the complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to file a police report.
Further, even when the respondent is not a member of the University’s community, supportive measures, remedies, and resources may be accessible to the complainant by contacting the appropriate Title IX Coordinator (or designee).
In addition, the University may take other actions as appropriate to protect the complainant against third parties, such as barring individuals from University property and/or events.
All vendors serving the University through third-party contracts are subject to the policies and procedures of their employers or to these policies and procedures to which their employer has agreed to be bound by their contracts.
When the respondent is enrolled in or employed by another institution, the appropriate Title IX Coordinator (or designee) can assist the complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations through that institution’s policies.
Similarly, the appropriate Title IX Coordinator (or designee) may be able to advocate for a complainant who experiences discrimination in an externship, study abroad program, external work commitment, or other environment external to the University where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give recourse to the complainant.
Recordkeeping
The University will maintain for a period of seven years records of its Title IX Grievance Process, including:
- Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation.
- Any disciplinary sanctions imposed on the respondent.
- Any remedies provided to the complainant designed to restore or preserve equal access to the University’s education program or activity.
- Any appeal and the result therefrom.
- Any Informal Resolution and the result therefrom; and
- Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, including:
- The basis for all conclusions that the response was not deliberately indifferent.
- Any measures designed to restore or preserve equal access to the University’s education program or activity; and
- If no supportive measures were provided to the complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.
- All materials used to train Title IX Coordinators, investigators, decision-makers, hearing panel members, and any person who facilitates an Informal Resolution process. The University will make these training materials publicly available on the Title IX website.
The University will also maintain any and all records in accordance with state and federal laws.