ATIXA 2020 ONE POLICY, TWO PROCEDURES MODEL USE AND ADAPTATION OF THIS MODEL WITH CITATION TO ATIXA IS PERMITTED THROUGH A LIMITED LICENSE TO ANNE ARUNDEL COMMUNITY COLLEGE. ALL OTHER RIGHTS RESERVED. ©2020. ATIXA

I.    Background

Title IX of the Education Amendments of 1972 (“Title IX”) is a Federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs or activity. All public and private educational institutions receiving Federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex can include gender-based discrimination, sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation and other forms of sexual misconduct.

The Violence Against Women Act (“VAWA”) was passed in 1994 and reauthorized in 2013. Section 304 of VAWA amended Section 485(f) of the Higher Education Act and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”). In addition to enacting clarifying and technical revisions to the Clery Act, VAWA expanded crime reporting requirements to include incidents of dating violence, domestic violence, sexual assault, and stalking. VAWA also expanded policies, procedures, and programs institutions must have relating to incidents of sexual misconduct.

II.    Purpose

Anne Arundel Community College (“College”) is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities that are free from Sexual Misconduct and Retaliation. To comply with Title IX and the accompanying regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the education program or activity, the Board approved the Sexual Misconduct Policy (“Policy”) and the College established Procedures to provide a prompt, fair, and impartial process for those involved in an allegation of Sexual Misconduct and Retaliation. The College values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a difficult time for all those involved.

III.    Applicable Scope

The core purpose of the Policy and Procedures is the prohibition of Sexual Misconduct or Retaliation. Sometimes, Sexual Misconduct involves exclusion from activities, such as admission, athletics, or employment. When an alleged violation of the Policy or Procedures is reported, the allegations are subject to resolution using these Procedures.

When the Respondent is a member of the College community, this grievance process may be available regardless of the status of the Complainant, who may or may not be a member of the College community. The Policy and Procedures may be applied to incidents, to patterns, and/or to the campus climate, all of which may be addressed and investigated in accordance with this Procedures.

The Policy and Procedures apply to any allegations of Sexual Misconduct or Retaliation that fall within the scope of Title IX and supersedes all prior versions of the Procedures. No other College policies or procedures will be used to respond, investigate, decide, appeal or otherwise resolve allegations of Sexual Misconduct or Retaliation that fall within the scope of Title IX, including student, employee, or faculty policies, procedures, manuals, processes or guidelines.

IV.    Definitions

A.    AACC or College means Anne Arundel Community College.

B.    Advisor means a person chosen by a party or appointed by the Title IX Coordinator to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.

C.    Appeal means an application to the Appeal Officer seeking to reverse the 

D.    Appeal Officer means an Employee designated by the Title IX Coordinator who decides an Appeal. When the Title IX Coordinator or President believes there may be a conflict of interest or other good cause, the President or the Title IX Coordinator, with approval from the President of the College, may designate an external third party to serve as the Appeal Officer.

E.    Behavioral Intervention Team (BIT) means a group comprised of a cross-section of college personnel with expertise in the areas of student development, law enforcement, threat assessment, college operations, medical and mental health. The BIT evaluates and manages imminent threats of violence and coordinates an appropriate plan of action, which may include consulting external third parties with expertise in threat assessment. The BIT is designed to provide a coordinated referral system, a behavioral assessment process, an internal communications structure, and a comprehensive monitoring system to allow for follow-up and support. Standing membership of the BIT is comprised of staff from the following functional areas: Community Standards, Personal Counseling Services, Department of Public Safety and Policy, Faculty Human Services, Disability Support Services and Academic Advising. Additional College Employees may from time to time be designated by the BIT to serve as a resource.

F.    Business Day means a day when the College is in normal operation and does not include weekends, holidays or breaks when the College is closed, or days when the College is closed by official announcement (i.e., snow days).

G.    Campus Security Authorities means Employees who have a duty to report information for the federal statistical reporting purposes under the Clery Act.

H.    College community includes, but is not limited to, students, student clubs/organizations, faculty, administrators, staff, and third parties, including guests, visitors, volunteers, invitees, vendors, contractors, campers and other participants in a College-sponsored program or activity.

I.    College Property or Premises means buildings, grounds, or property that is owned, leased, operated or controlled by the College.

J.    Complainant means an individual who is alleged to be the victim of conduct that could constitute Sexual Misconduct or Retaliation. At the time of filing a Formal Complaint, the Complainant must be participating in or attempting to participate in the education program or activity of the College.

K.    Confidentiality means a privilege between certain health care providers, mental health care providers, attorneys, clergy, spouses, and others, with their patients, clients, parishioners, and spouses, where the individual who receives information cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when: (i) the individual who shared information gives written consent for its disclosure; (ii) there is a concern that the individual who shared information will likely cause serious physical harm to self or others; or (iii) the information shared concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or individuals with disabilities. The College has designated individuals who have the ability to have privileged communications as Confidential Resources. Non-identifiable information may be shared by Confidential Resources for statistical tracking purposes as required by the federal Clery Act. Other information may be shared as required by law.

L.    Confidential Resource means an Employee who is not a Mandated Reporter of Sexual Misconduct or Retaliation (irrespective of Clery Act Campus Security Authority status).

M.    Decision-Maker means an Employee designated by the Title IX Coordinator who has decision- making and sanctioning authority within the Formal Grievance Process. When the Title IX Coordinator or President believes there may be a conflict of interest or other good cause, the President or the Title IX Coordinator, with approval from the President of the College, may designate an external third party to serve as the Decision-Maker.

N.    Deputy Title IX Coordinator is an Employee designated by the College to ensure compliance with Title IX and the College’s Title IX program, under the oversight of the Title IX Coordinator.

O.    Education program or activity means locations, events, or circumstances where the College exercises substantial control over both the Respondent and the context in which the Sexual Misconduct occurs and also includes any building owned or controlled by a student organization that is officially recognized by the College.

P.    Employee means any individual hired by the College who is performing assigned duties and responsibilities on behalf of the College.

Q.    Final Determination means a conclusion by a preponderance of the evidence that the alleged conduct occurred and whether it did or did not violate the Policy or Procedures.

R.    Finding means a conclusion by a preponderance of the evidence that the conduct did or did not occur as alleged.

S.    Formal Complaint means a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Misconduct against a Respondent or Retaliation against a party or other individual and requesting that the College investigate the allegations.

T.    Formal Grievance Process means a method of formal resolution designated by the College to address conduct that falls within the Procedures as detailed below, and which complies with the requirements of 34 CFR Part 106.45. The Formal Grievance Process includes, but is not limited to, investigation of allegations, determination of whether a violation has occurred and if so, issuance of a sanction(s).

U.    Investigator means the Employee(s) designated by the Title IX Coordinator to gather facts about an alleged violation of the Procedures, assess relevance and credibility, synthesize the evidence, and compile this information into an investigation report and file of directly related evidence. When the Title IX Coordinator or President believes there may be a conflict of interest or other good cause, the President or the Title IX Coordinator, with approval from the President of the College, may designate an external third party to serve as the Investigator(s).

V.    Mandated Reporter means an Employee of the College who is obligated by the Procedures to share knowledge and/or reports of Sexual Misconduct or Retaliation with the Title IX Coordinator.

W.    Official with Authority means an Employee explicitly vested with the responsibility to implement corrective measures for Sexual Misconduct or Retaliation on behalf of the College.

X.    Parties include the Complainant(s) and Respondent(s), collectively. Party may refer to either the Complainant(s) or Respondent(s), individually.

Y.    Pool includes any Investigators, Decision-Makers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same case). Appeal Officers are included in the Pool but only those designated in the Pool as an Appeal Officer may perform that role.

Z.    Privacy means that information related to allegations of Sexual Misconduct or Retaliation will be shared with a limited number of Employees who “need to know” in order to assist in the assessment, investigation, and resolution of the Formal Complaint.

AA.    Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the College’s education program(s) and/or activities.

BB.    Report means that an Employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of allegations of Sexual Misconduct or Retaliation.

CC.    Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Misconduct or Retaliation.

DD.    Resolution means the result of a Formal Grievance Process.

EE.    Retaliation means allegations of a materially adverse action(s) by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Title IX and its accompanying regulations, the Policy, or the Procedures or because the individual has made a report or Formal Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Policy or Procedures.

FF.    Sanction means a consequence imposed by the College on a Respondent who is found to have violated the Policy or Procedures.

GG.    Sexual Misconduct is the umbrella category including the offenses of gender-based discrimination, sexual harassment, sexual assault, stalking, and dating violence and domestic violence, sexual exploitation and other forms of sexual misconduct.

HH.    Student is any individual who is registered for any credit, non-credit or continuing education course offered by the College for the current or a future term.

II.    Title IX Coordinator is an Employee designated by the College to ensure compliance with Title IX and the College’s Title IX program. References to the Title IX Coordinator throughout the Procedures may also encompass the Deputy Title IX Coordinator or a designee of the Title IX Coordinator for specific tasks or specific Formal Complaints.

JJ.    Title IX Team refers to the Title IX Coordinator, any deputy coordinators, and any member of the Grievance Process Pool,

V.    Title IX Coordinator

The Chief Compliance and Fair Practices Officer serves as the Title IX Coordinator and oversees implementation of the College’s Policy and Procedures. The Title IX Coordinator has the primary responsibility for coordinating the College’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent Sexual Misconduct and Retaliation prohibited by Title IX.

The Director of the Office of Community Standards serves as the Deputy Title IX Coordinator and assists the Title IX Coordinator in fulfilling the duties set forth above. If the Title IX Coordinator is unavailable, the Deputy IX Coordinator may fulfill the Title IX Coordinator’s duty without needing to be specifically assigned.

The Title IX Coordinator may also assign a designee to perform specific tasks or for a specific Formal Complaint, in the Title IX Coordinator’s sole discretion, so long as the designee has been appropriately trained

VI.    Independence and Conflict-of-Interest

The Title IX Coordinator oversees the Title IX Team and acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under the Policy and Procedures. The members of the Title IX Team are vetted and trained to ensure they are not biased for or against any party in a specific case, or for or against Complainants and/or Respondents, generally.

To raise any concern involving bias or conflict of interest by the Title IX Coordinator, a party may contact the Deputy Title IX Coordinator at ocs@aacc.edu. Concerns of bias or a potential conflict of interest by any other Title IX Team member should be raised with the Title IX Coordinator. If the Title IX Coordinator is determined to have a conflict of interest or bias in a particular matter, the Deputy Title IX Coordinator will fulfill the role of the Title IX Coordinator for the specific Formal Complaint where the conflict or bias is alleged or the President may designate another Employee or external third party to serve in the role of the Title IX Coordinator.

Reports or Formal Complaints of Sexual Misconduct or Retaliation alleged to have been committed by the Title IX Coordinator should be submitted to the College President at presidentsline@aacc.edu.

Reports or Formal Complaints of Sexual Misconduct or Retaliation committed by any other Title IX Team member should be submitted to the Title IX Coordinator.

VII.    Administrative Contact Information

Reports or Formal Complaints of alleged Policy and Procedures violations, or inquiries about or concerns regarding the Policy and Procedures, may be made to:

Title IX Coordinator 
Student Union, Suite 220
101 College Parkway
Arnold, MD 21012
(410) 777-1239
complianceofficer@aacc.edu  

Deputy Title IX Coordinator
Student Union, Room 209
101 College Parkway
Arnold, MD 21012
(410) 777-1339
ocs@aacc.edu  

The College has determined that the President and Vice Presidents are Officials with Authority to address and correct Sexual Misconduct and/or Retaliation. These Officials with Authority may also accept Reports or Formal Complaints on behalf of the College. Reports or Formal Complaints can be submitted to:

President 
Ludlum 233
101 College Parkway
Arnold, MD 21012
410) 777-1177
presidentsline@aacc.edu  

Vice President of Learner Support Services
Ludlum 215A
101 College Parkway
Arnold, MD 21012
(410) 777-2256
vplss@aacc.edu  

Vice President of Learning
Ludlum 217A
101 College Parkway
Arnold, MD 21012
(410) 777-1847
learning@aacc.edu  

Vice President of Learning Resources Management
Ludlum 213A
101 College Parkway
Arnold, MD 21012
(410) 777-2825
mabeardmore@aacc.edu 

Vice President of Information and Instructional Technology
FLRS 420A
101 College Parkway
Arnold, MD 21012
(410) 777-2195
rckralevich@aacc.edu  

The College has also classified certain Employees as Mandated Reporters of any knowledge they have that a member of the community is experiencing Sexual Misconduct or Retaliation. The following positions, with the exception of those identified as Confidential Resources, have been designated as Mandated Reporters:

•    Assistant Deans, Deans
•    Associate Vice Presidents, Vice Presidents, President
•    Athletics full-time staff and coaches
•    Chief Compliance and Fair Practices Officer
•    Chief Diversity, Equity and Inclusion Officer
•    Executive Assistant to the President
•    Executive Assistant to the Vice President for Learner Support Services
•    Executive Assistant to the Provost/Vice President for Learning
•    Executive Assistant to the Vice President of Learning Resources Management
•    Executive Director, Administrative Services
•    Executive Director, Institutional Advancement/Foundation
•    Executive Director, Strategic Communications
•    Human Resources, full-time staff
•    Learner Support Services Academic Advisors
•    Learner Support Services Retention Advisors
•    Learner Support Services Directors, Assistant Directors
•    Program Manager, Military & Veterans Resource Center
•    Public Safety and Police, full-time staff
•    Student Engagement, full-time staff

Inquiries may be made externally to:

Office for Civil Rights (OCR)
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Room 509F, HHH Building
Washington, D.C. 20201
Phone: (800) 368-1019
TDD#: (800) 537-7697
Email: ocrmail@hhs.gov  
Website: Office of Civil Rights

For complaints involving employees:

Equal Employment Opportunity Commission (EEOC)
Baltimore Field Office
GH Fallon Federal Building
31 Hopkins Plaza, Suite 1432
Baltimore, MD 21201
Telephone: (800) 669-4000
Facsimile: (443) 992-7880
TTY: (800) 669-6820
Website: EEOC Baltimore Field Office

VIII.    Reports and Formal Complaints of Sexual Misconduct and/or Retaliation

A.    Reports

Any individual may provide Reports of Sexual Misconduct and/or Retaliation using any of the following options:

•     Report allegations in writing or verbally. Such a Report may be made at any time (including during non-business hours) by using the telephone number, email address, or by mail to the office address, listed for the Title IX Coordinator, Deputy Title IX Coordinator or any other Official with Authority listed, or

•     Report online, using the form posted at: Online Incident Report Form.

If a Report is submitted, the Title IX Coordinator will contact the Complainant, if known, to discuss whether the Complainant wishes to file a Formal Complaint and to offer supportive measures.

Anonymous Reports that do not name the reporter or protect the anonymity of the Complainant are permitted. If the name of the Complainant is not provided, the Title IX Coordinator will attempt to contact the person who made the Report to obtain the name of the Complainant; otherwise, the College’s ability to investigate or respond to the Report or provide supportive measures will be limited or impossible, depending on what information is shared.

B.    Formal Complaints

A Formal Complaint means a document filed by the Complainant(s) or signed by the Title IX Coordinator alleging Sexual Misconduct or Retaliation by a Respondent and requesting that the College investigate the allegation(s). At the time of filing a Formal Complaint, the Complainant must be participating in or attempting to participate in an education program or activity of the College.

The phrase “document filed by the Complainant(s)” means a document or electronic submission (such as an email) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint. The College considers a document submitted by a Complainant using the Complainant’s College-issued email addressed to be sufficient to indicate that the Complainant is the person filing the Formal Complaint.

A Formal Complaint may be filed by the Complainant with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information in the section above.

If allegations are submitted in a form that does not meet this standard, the Title IX Coordinator will contact the Complainant to assist the Complainant to file a Formal Complaint correctly. A Complainant may file a Formal Complaint without having to file a Report first, although the Complaint is welcome to do so.

IX.    Supportive Measures

The College will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged Sexual Misconduct or Retaliation.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to the College’s education program or activity, including measures designed to protect the safety of all parties or the College’s educational environment, and/or deter Sexual Misconduct, and/or Retaliation.

The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving a Report or Formal Complaint. At the time that supportive measures are offered, the Title IX Coordinator will inform the Complainant, in writing, that the Complainant may file a Formal Complaint with the College either at that time or in the future, if they have not done so already. The Title IX Coordinator works with the Complainant to ensure that the Complainant’s wishes are taken into account with respect to the supportive measures that are planned and implemented.

The College will maintain the privacy of the supportive measures, provided that privacy does not impair the College’s ability to provide the supportive measures. The College will act to ensure as minimal an academic impact on the parties as possible. The College will implement measures in a way that does not unreasonably burden the other party.

Supportive measures may include, but are not limited to:

•    Referral to counseling, medical, and/or other healthcare services
•    Referral to the Employee Assistance Program
•    Referral to community-based service providers
•    Visa and immigration assistance or resources
•    Student financial aid counseling
•    Education to the community or community subgroup(s)
•    Altering work arrangements for employees or student-employees
•    Safety planning
•    Providing campus safety escorts
•    Providing transportation accommodations
•    Implementing contact limitations (no contact orders) between the parties
•    Academic support, extensions of deadlines, or other course/program-related adjustments
•    Persona Non Grata orders, when authorized by law
•    Class schedule modifications, withdrawals, or leaves of absence
•    Increased security and monitoring of certain areas of the campus
•    Any other actions deemed appropriate by the Title IX Coordinator

X.    Emergency Removal

The Title IX Coordinator can act to remove a Respondent(s) 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 justifies removal. This risk analysis is performed by the Title IX Coordinator who may consult with the AACC Behavioral Intervention Team and/or the College’s legal counsel.

In all cases in which an emergency removal is imposed, the Respondent(s) will be given notice and an opportunity to challenge the decision immediately following the removal. The Respondent(s) will be give five (5) Business Days to request a show cause meeting with the Title IX Coordinator. When a show cause meeting is not requested within five (5) Business Days of the imposition of an emergency removal, objections to the emergency removal will be deemed waived.

At the show cause meeting, the Respondent may present information as to why the emergency removal should be lifted or modified. Show cause meetings may be conducted via electronic means and may be recorded. No unauthorized audio or video recording of any kind is permitted during a show cause meeting. If the Title IX Coordinator elects to audio and/or video record the show cause meeting, all persons present at the show cause meeting must be made aware of and consent to audio and/or video recording.

This show cause meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. This section also applies to any restrictions that a coach or athletic administrator may place on a student-athlete arising from allegations related to Title IX. There is no appeal process for emergency removal decisions.

A Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator for the show cause meeting. The Title IX Coordinator will draft a written summary of the basis for the emergency removal and provide a copy to the Respondent prior to the meeting to allow for adequate preparation.

The Title IX Coordinator has sole discretion under these Procedures to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under the Procedures will be grounds for discipline, which may include expulsion or termination.

The College will implement the least restrictive emergency removal actions possible in light of the circumstances and safety concerns. As determined by the Title IX Coordinator, these actions could include, but are not limited to: re-assigning a student to a different section of the same course (if available); temporarily re-assigning an employee; restricting a student’s or employee’s access to or use of classrooms, facilities or equipment; allowing a student to withdraw or take grades of incomplete without financial penalty; authorizing an administrative leave; and suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate athletics; not permitting a student organization to hold events or meetings.

At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the parties.

XI.    Promptness

All allegations are acted upon promptly by the College once it has received a Report or a Formal Complaint. Formal Complaints can take 60-90 Business Days to resolve, typically. There may exceptions and extenuating circumstances that can cause a resolution to take longer, but the College will avoid all undue delays within its control.

Any time the general timeframes for resolution outlined in the Procedures will be delayed, the Title IX Coordinator 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.

XII.    Privacy

Every effort is made by the College to preserve the privacy of Reports and Formal Complaints. The College will not share the identity of any individual who has made a Report or Formal Complaint of Sexual Misconduct or Retaliation under these Procedures; any Complainant, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance process arising under the Policy and Procedures.

The College reserves the right to designate which College officials have a legitimate educational interest in being informed about incidents that fall within the Policy and Procedures, pursuant to FERPA on a case-by-case basis.

Only a small group of Employees who need to know will typically be told about the allegations in order to perform their job functions or protect the health and safety of the College community. Information will be shared as necessary with Investigators, Decision-Makers, Appeal Officers, witnesses, and the parties and their Advisors. The circle of people with this knowledge will be kept as tightly as possible to preserve the parties’ rights and privacy.

The College may contact parents/guardians of individuals under the age of 18 to inform them of situations in which there is a significant and articulable health and/or safety risk, but will usually consult with the student first before doing so.

XIII.    Jurisdiction of the College

The Policy and Procedures apply to the College’s education program and activities, to conduct that takes place on the campus or on property owned or controlled by the College, at College-sponsored events, or in buildings owned or controlled by College’s recognized student organizations.

The Policy and Procedures can also be applicable to the effects of off-campus Sexual Misconduct or Retaliation that effectively deprive someone of access to College’s education program and activities. In such instances, the College may address the effects of the off-campus misconduct through supportive measures.
Regardless of where the conduct occurred, the College will address Reports to determine whether the conduct occurred in the context of its employment or education program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. A substantial College 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 to self or others;
• 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 College.

If the Respondent is unknown or is not a member of the College community, the Title IX Coordinator 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 College’s community, supportive measures, remedies, and resources may be accessible to the Complainant by contacting the Title IX Coordinator.

In addition, the College may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from College property and/or events or issuing Persona No Grata orders.

All vendors serving the College through third-party contracts are subject to the policies and procedures of their employers or to the Policy and Procedures, if their employer has agreed to be bound by the College’s policies and procedures in their contracts.

When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator 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 Title IX Coordinator may be able to advocate for a student or employee Complainant who experiences Sexual Misconduct or Retaliation in an externship, study abroad program, or other environment external to the College where sexual misconduct or nondiscrimination policies and procedures of the facilitating or host organization may give recourse to the Complainant.

XIV.    Time Limits on Reporting

There is no time limitation on providing Reports or Formal Complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to the College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible.

Acting on Reports or Formal Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy or procedures) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

XV.    Electronic Communications, Internet-Based Networks and Platforms, Websites, Social Media and Online Misconduct

The Policy and Procedures of the College are written and interpreted broadly to include online and cyber manifestations of any of the behaviors prohibited under this Policy and Procedures, when those behaviors occur in or have an effect on the College’s education program and activities or use College networks, technology, equipment, websites or College email accounts.

While the College may not control electronic communications, Internet-based networks or platforms, websites, social media, and other venues in which Sexual Misconduct or Retaliation are made, when allegations are submitted to the College, it will engage in a variety of means to address and mitigate the effects.

Members of the community are encouraged to be good digital citizens and to refrain from Sexual Misconduct or Retaliation in electronic communications, on Internet-based networks or platforms, on websites or social, or other online misconduct, including but not limited to, sharing inappropriate content via social networking platforms or social media, unwelcome text messaging of a sexual nature (e.g., sexting), revenge porn, breaches of privacy, or otherwise using the ease of transmission and/or anonymity of the Internet or other technology to harm another member of the College community. See also Prohibited Conduct – Sexual Exploitation.

Any online postings or other electronic communication by students, including cyber-bullying, cyber- stalking, cyber-harassment, etc., occurring completely outside of the College’s control (e.g., not on College networks, technology, equipment, websites, or College email accounts) will only be subject to the Procedures when such online conduct can be shown to cause a substantial disruption in the College’s education program or activities.

Otherwise, such communications are considered speech protected by the First Amendment. Supportive measures for Complainants will be provided, but protected speech cannot legally be subjected to discipline.

Off-campus harassing speech by employees, whether online, by telephone, by email or in person, may be regulated by the College only when such speech is made in an employee’s official or work-related capacity.

XVI.    Sexual Misconduct

Students and Employees are entitled to an employment and educational environment that is free of Sexual Harassment and Retaliation. The Policy and Procedures are not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters protected by academic freedom. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of the College’s Policy and Procedures, though supportive measures may be offered to those impacted.

A.    Prohibited Conduct

The sections below describe the specific forms of Sexual Harassment that are prohibited under the Policy and Procedures. Acts of Sexual Misconduct may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation, and/or gender identity of those involved.

1.    Gender-Based Discrimination is defined as unwelcome conduct by any member or group of the community on the basis of actual or perceived sex, gender, sexual orientation or gender identity. Gender-based discrimination does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex, gender, sexual orientation or gender identity.

The College may act to remedy gender-based discrimination when reported, whether or not the discrimination rises to the level of creating a “hostile environment.” When gender-based discrimination rises to the level of creating a hostile environment, the College may also impose sanctions on the Respondent through application of the Formal Grievance Process.

A hostile environment is one that unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities. This discriminatory effect results from harassing verbal, written, graphic, or physical conduct that is severe or pervasive and objectively offensive.

2.    Quid Pro Quo is defined as an Employee of conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.

3.    Sexual Harassment is defined as unwelcome conduct determined by a reasonable person to be so severe, and pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity.

4.    Sexual Assault includes the following:

a.    Sex Offenses, Forcible is defined as any sexual act directed against another person, without the consent of the Complainant, including instances in which the Complainant is incapable of giving consent.

b.    Forcible Rape is defined as 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 Complainant.

c.    Forcible Sodomy is defined as oral or anal sexual intercourse with another person, forcibly, against that person’s will (non-consensually), or when the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

d.    Sexual Assault with an Object is defined as the use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, against that person’s will (non-consensually), or when the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

e.    Fondling is defined as the intentional touching of the clothed or unclothed genitals, buttocks, groin, breasts, or other body parts of the Complainant by the Respondent, without the consent of the Complainant, for the purpose of sexual degradation, sexual gratification, or sexual humiliation; or the forced touching by the Complainant of the Respondent’s clothed or unclothed genitals, buttocks, groin, breasts, or other body parts, without the consent of the Complainant, for the purpose of sexual degradation, sexual gratification, or sexual humiliation.

f.    Sex Offenses, Non-forcible includes:

i.    Incest is defined as non-forcible sexual intercourse between persons who are related to each other, within the degrees wherein marriage is prohibited by Maryland law.

ii.    Statutory Rape is defined as non-forcible sexual intercourse with a person who is under the statutory age of consent of sixteen (16) years of age (or fourteen (14) years of age if the Respondent is at least four (4) years older than the Complainant).

g.    Dating Violence is defined as violence on the basis of sex committed by a person who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.

The existence of such a relationship shall be determined based on the Complainant’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.

h.    Domestic Violence is defined as violence on the basis of sex committed by a current or former spouse or intimate partner of the Complainant by a person with whom the Complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Maryland, or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Maryland.

For purposes of this definition, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

i.    Stalking is defined as engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to fear for the person’s safety, or the safety of others; or suffer substantial emotional distress. For the purposes of this definition—Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent 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 to the Complainant.

Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

j.    Sexual Exploitation is defined as taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute Sexual Misconduct under the Procedures.

Examples of Sexual Exploitation include, but are not limited to:

i.    Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person(s) being observed);

ii.    Invasion of sexual privacy;

iii.    Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of revenge pornography;

iv.    Prostituting another person;

v.    Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the infection;

vi.    Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity;

vii.    Misappropriation of another person’s identity on Internet-based platforms or networks, including but not limited to, apps, websites, or other venues designed for dating or sexual connections;

viii.    Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity;

ix.    Knowingly soliciting a minor for sexual activity

x.    Engaging in sex trafficking; and/or

xi.    Creation, possession, or dissemination or child pornography.

B.    Additional Definitions

As used in the prohibited conduct offenses above, the following definitions and understandings apply:

1.    Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” “Okay, don’t hit me, I’ll do what you want.”).

Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

2.    Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors, such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

3.    Consent is knowing, voluntary, and clear permission by word or action to engage in sexual activity.

Since individuals may experience the same interaction in different ways, it is the responsibility of each person to determine that the other has consented before engaging in the activity.

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses a person, that person can kiss them back (if they want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Proof of consent or non-consent is not a burden placed on either person involved in an incident. Instead, the burden remains on the College to determine whether the Policy or Procedures have been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

Consent in relationships must also be considered in context. When parties consent to bondage, discipline/dominance, submission/sadism, and masochism (“BDSM”) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual, so the College’s evaluation of communication in kink situations should be guided by reasonableness, rather than strict adherence to policy or procedures that assume non-kink relationships as a default.

4.    Incapacitated means a person who cannot consent because the person is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. As stated above, a Respondent violates the Policy and Procedures if the person engages in sexual activity with someone who is incapable of giving consent.

It is a defense to an allegation of sexual assault that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. “Should have known” is an objective, reasonable person standard, which assumes that a reasonable person is both sober and exercising sound judgment.

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of the sexual interaction).

Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication.

The Procedures also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs.

5.    Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is below the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.