Sexual Misconduct, Relationships Violence, Stalking, and Retaliation (Title IX)

This policy prohibits a broad continuum of behaviors, all of which constitute a form of sexual or gender-based harassment or discrimination, sexual assault or relationship violence. In general, sexual assault means physical sexual acts perpetrated without effective consent. In general, relationship violence means any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, domestic, or other intimate relationship with that person. Prohibited conduct that may violate this policy includes sexual harassment, sexual assault, sexual exploitation, domestic and dating violence, retaliation, and stalking. This document may use the term “sexual misconduct” to refer to any or all of those prohibited behaviors.

The College will respond according to the severity or pervasiveness of the offense and the threat it poses to the community. Individuals who are found responsible may face disciplinary sanctions up to and including dismissal and/or termination of employment.

The College will not tolerate retaliation against an individual who makes a report, participates in a resolution process, or assists as a bystander to stop sexual misconduct. Retaliation, whether actual or threatened, destroys the sense of community and trust that is central to a quality environment.

Community members engaging in retaliation will be subject to disciplinary action, whether such acts are implicit or explicit, or committed directly or indirectly.

The College will make every reasonable effort to stop retaliation immediately, to conduct a complete and thorough investigation of alleged acts of retaliation in a timely manner, to provide remedies to victims of retaliation, and to sanction the perpetrators of retaliation as appropriate.

Key Provisions of the Department of Education’s NEW Title IX Regulations

• Restores fairness on college campuses by upholding all students’ right to written notice of allegations, the right to an advisor, and the right to submit, cross-examine, and challenge evidence at a live hearing
• Protects students and faculty by prohibiting schools from using Title IX in a manner that deprives students and faculty of rights guaranteed by the First Amendment
• Requires schools to select one of two standards of evidence, the preponderance of the evidence standard or the clear and convincing evidence standard – and to apply the selected standard evenly to proceedings for all students and employees, including faculty
• Defines sexual harassment to include sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the basis of sex
• Empowers survivors to make decisions about how a school responds to incidents of sexual harassment.
• Provides a consistent, legally sound framework on which survivors, the accused, and schools can rely on
• Requires schools to offer clear, accessible options for any person to report sexual harassment
• Requires the school to offer survivors supportive measures
• Shields survivors from having to come face-to-face with the accused during a hearing and from answering questions posed personally by the accused
• Provides “rape shield” protections and ensures survivors are not required to divulge any medical, psychological, or similar privileged records
• Requires schools to offer an equal right of appeal for both parties to a Title IX proceeding
• Gives schools flexibility to use technology to conduct
  Title IX investigations and hearings remotely

All College of Southern Maryland community members have a responsibility to adhere to College policies and to local, state, and federal law. Therefore, this policy applies to behaviors that take place on the campus, at College-sponsored events, and in the course of College-related travel and off campus programs, such as (but not limited to) academic programs, field trips, study-abroad programs, internship programs, work-related conferences, etc. This policy may also apply to other off campus conduct, when such conduct is likely to have a substantial adverse effect on, or poses a threat of danger to, any member of the College community or the College.

This policy also applies to behavior conducted online, including via email, blogs, web page entries, social media sites, and other similar online postings are in the public sphere and are not private. These postings by a student, faculty or staff member about another student or member of faculty or staff can subject a community member to allegations of conduct violations. The College does not regularly search for this information but may take action if and when such information is brought to the attention of college officials.

More responsibilities of the Title IX Coordinator include being:

• Knowledgeable and trained in College policies and procedures and relevant state and federal laws;
• Available to advise any individual, including a complainant, a respondent, or a third party, about the courses of action available at the College, both informally and formally, and in the community;
• Available to provide assistance to any College employee regarding how to respond appropriately to a report of sexual misconduct;
• Responsible for monitoring compliance with all procedural requirements, record keeping and time frames outlined in this policy;
• Responsible for overseeing training, prevention and education efforts, and reviews of climate and culture; and
• Responsible for conducting or overseeing investigations of complaints against students.

The Title IX Task Force was created to support the College of Southern Maryland’s implementation of policies and practices to continue the compliance as related to existing legislation. This new regulation requires schools to act in meaningful ways to support survivors of sexual misconduct, without sacrificing important safeguards to ensure a fair and transparent process. The Task Force will review existing college policy and practices as well as recommend enhancements to support the college’s compliance. The Task Force will also update policy and procedures and communicate changes to the CSM community. Discussion within the Task Force will address the areas including Prevention, Education, Advocacy, and Reporting & Response to students, faculty, and staff.

Membership

• Executive Director, Student Affairs
• Executive Director, Finance
• Denise Mohue-Hintze, Public Safety
• Gabrielle Smallwood, Athletics
• Tim Fenner, Men of Excellence program
• Michelle Ruble, Student Life
• Shaneeza Kazim, Division of Learning, Faculty
• Tracy Harris, Vice President, Division of Student Equity and Success
• Human Resources Representative

Meeting Time
The Task Force will meet monthly and at which time will determine the frequency of future meetings.

The college encourages all individuals who may have been subject to sexual misconduct to talk to someone about what happened- so they can get the support they need, and so the College can respond appropriately. Different employees on campus, as well as off-campus counselors, advocates, and health-care providers, have different abilities to maintain the individual’s confidentiality. Confidentiality means that information shared by an individual with designated campus or community professionals cannot be revealed to any other person without express permission of that individual.

Some are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.” These professionals include medical providers, mental health counselors, ordained clergy, and off-campus rape crisis counselors, all of whom have privileged confidentiality that the law recognizes. Disclosures to these employees will not trigger a College investigation into an incident against the student’s wishes.

All other employees at CSM may be required to disclose to the Title IX Coordinator or Deputy Coordinators information concerning sexual misconduct, relationship violence, and stalking of which they become aware , including identifying information about the parties involved. A report to these employees (called “responsible employees”) constitutes a report to the College - and generally obligates the College to investigate the incident and take appropriate steps to address the situation. For more information about reporting to responsible employees, see Section VIII, Reporting, of this Policy.

Sexual harassment is any unwelcome conduct of a sexual nature (sexual advances, request for sexual favors, or other unwanted verbal or physical conduct of a sexual nature); or unwelcome conduct based on sex, sexual orientation, gender identity, or gender expression, when one or more of the following conditions are present:

• Submission to the unwelcome conduct is an expressed or implied condition of an individual’s employment, evaluation of academic work, or any aspect of a College program or activity; or
• Refusal to submit to unwelcome conduct resulted in a tangible academic or employment detriment; or
• The unwelcome conduct unreasonably interferes with an individual’s work or academic performance, or creates an intimidating or hostile academic or work environment under both an objective (a reasonable person’s view) and subjective (the complainant’s view) standard.

Sexually harassing behaviors differ in type and severity and can range from verbal harassment to unwelcome physical contact. A wide range of behaviors falls within the general definition of sexual harassment. Key determining factors are that the behavior is unwelcome, is gender-based or conduct of a sexual nature, and is reasonably perceived as offensive and objectionable under both a subjective and objective assessment of the conduct.

A single, isolated incident of sexual harassment alone may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to create a hostile environment, particularly if the harassment is physical. The determination of whether an environment is hostile must be based on all the circumstances. These circumstances could include, but are not limited to the following:

• The frequency of the conduct;
• The nature and severity of the conduct;
• Whether the conduct was physically threatening;
• Whether the conduct was directed at more than one person;
• Whether the conduct arose in the context of other discriminatory conduct;
• Whether a statement is a mere utterance of an epithet that engenders offense in an employee or a student or offends by mere discourtesy or rudeness; and/or
• Whether the conduct deserves the protections of academic freedom.

Sexual harassment:

•  May be blatant and intentional and involve an overt action, a threat, or a reprisal, or may be subtle and indirect, with a coercive aspect that is unstated.
• Does NOT have to include intent to harm, be directed at a specific target, or involve repeated incidents.
• May be committed by anyone, regardless of gender, age, position, or authority. While there is often a power differential between two persons, perhaps due to differences in age, social, educational, or employment relationships, harassment can occur in any context.
• May be committed by a stranger, an acquaintance, or someone with whom the complainant has an intimate or sexual relationship.
• May be committed by or against an individual or may be a result of the actions of an organization or group.
• May occur by or against an individual of any sex, gender identity, gender expression, or sexual orientation.
• May occur in the classroom, in the workplace, in residential settings, over electronic or social media (including the Internet, telephone, and text), or in any other setting.
• May be a one-time event or part of a pattern of behavior.
• May be committed in the presence of others or when the parties are alone.

Examples of conduct that may constitute sexual harassment as defined above may include a severe, persistent, or pervasive pattern of unwelcome conduct that includes one or more of the following:

Physical conduct:

• Unwelcome touching, sexual/physical assault, impeding, restraining, or blocking movements
• Unwanted sexual advances

Verbal conduct:

• Making or using derogatory comments, epithets, slurs, or humor
• Verbal abuse of a sexual nature; graphic verbal commentaries about an individual’s body; sexually degrading words used to describe an individual; suggestive or obscene letters, notes, or invitations 
• Offensive comments of a sexual nature, including persistent or pervasive sexually explicit statements, questions, jokes, or anecdotes

Visual conduct:

• Leering; making sexual gestures; displaying suggestive objects or pictures, cartoons, or posters in a public space or forum
• Severe, persistent, or pervasive visual displays of suggestive, erotic, or degrading, sexually oriented images that are not pedagogically appropriate

Written conduct:

• Letters, notes or electronic communications, including social media, containing comments, words, or images described above

Quid pro quo conduct:

• Direct propositions of a sexual nature between those for whom a power imbalance or supervisory or other authority relationship exists
• Offering employment benefits in exchange for sexual favors
• Making submission to sexual advances an actual or implied condition of employment, work status, promotion, grades or letters of recommendation, including subtle pressure for sexual activity, an element of which may be repeated requests for private meetings with no academic or work purpose
• Making or threatening reprisals after a negative response to sexual advances

Having sexual intercourse with another individual without Consent.

Sexual intercourse includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth-to-genital contact.

Having sexual contact with another individual without Consent.

Sexual contact includes any intentional, non-accidental, and non-consensual touching of the intimate parts of another, causing another to touch one’s intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth, or any other part of the body that is touched in a sexual manner.

Taking advantage of the sexuality of another person without effective consent or in a manner that extends the bounds of effective consensual sexual activity without the knowledge of the other individual for any purpose, including sexual gratification, financial gain, personal benefit, and which conduct does not otherwise constitute sexual misconduct under this policy. Examples of sexual exploitation include:

• Observing another individual’s nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved;
• Non-consensual streaming of images, photography, video, or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved;
• Prostituting another individual;
• Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.

Relationship violence is often referred to as dating violence, domestic violence, or intimate partner violence.

Domestic violence means a felony or misdemeanor crime of violence against a person committed by:

• A current or former spouse or intimate partner of the victim;
• A person with whom the victim shares a child in common;
• A person who is cohabitating with or has cohabited with the victim as a spouse or intimate partner;
• A person similarly situated to a spouse of the victim under the domestic or family violence laws of Maryland;
• Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Maryland.

Dating violence means violence committed by a person:

• Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
• Where the existence of such a relationship shall be determined based on (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship.

Relationship violence may involve one act or an ongoing pattern of behavior. Relationship violence affects individuals of all genders, gender identities, gender expressions, and sexual orientation, and does not discriminate by racial, social, or economic background.

The College will not tolerate relationship violence of any form. The College recognizes that sexual harassment, sexual assault, stalking, and retaliation all may be forms of relationship violence when committed by a person who is or has been involved in a sexual, dating, or other social relationship of a romantic or intimate nature with the complainant.

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• Fear for his or her safety or the safety of others; or
• Suffer substantial emotional distress.

Stalking includes the concept of cyber-stalking, in which electronic media such as the Internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome and unsolicited contact with another person.

Examples of stalking may include:

• Unwelcome and repeated visual or physical proximity to a person;
• Repeated oral or written threats;
• Unwelcome/unsolicited written communication, including letters, cards, emails, instant messages, and messages on online bulletin boards;
• Unwelcome/unsolicited communications about a person, their family, friends, or co- workers; or
• Implicitly threatening physical conduct or any combination of these behaviors directed toward an individual person.

Retaliation is any act or attempt to retaliate against, or seek retribution from, any individual or group of individuals involved in the investigation or resolution of a report, or engaging in bystander intervention of sexual misconduct. Retaliation can take many forms, including abuse or violence, threats, and intimidation. Any individual or group of individuals, including a complainant or respondent, engaging in retaliation will be held accountable and subject to disciplinary action.

Actions are considered retaliatory if they:

1. are in response to a good faith disclosure of real or perceived College-related misconduct, participation in an investigation of College-related misconduct, engaging in bystander intervention of sexual misconduct, and
2. have a materially adverse effect on the working, volunteering, academic, or College- controlled environment of an employee, volunteer or student; or if the faculty member, employee, volunteer or student can no longer effectively carry out his or her College responsibilities.

• Consent to one form of sexual activity does not constitute consent to engage in all forms of sexual activity.
• Consent consists of an outward demonstration indicating that an individual has freely chosen to engage in sexual activity. Consent may not be inferred from silence, passivity, lack of resistance, or lack of an active response alone. A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent.
• A verbal “no” is a clear demonstration of the lack of consent.
• Either party may withdraw consent at any time. Withdrawal of consent should be outwardly demonstrated by words or actions that clearly indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease.
• Individuals with a previous or current intimate relationship do not automatically give either initial or continued consent to sexual activity. Even in the context of a relationship, there must be mutually understandable communication that clearly indicates a willingness to engage in sexual activity.
• The responsibility of obtaining consent rests with the individual who initiates sexual activity. Prior to engaging in sexual activity, each participant should ask himself or herself the question, “Has the other person consented?” If the answer is “No” or “I’m not sure,” then consent has not been demonstrated and does not exist. An individual who initiates sexual activity should be able to explain the basis for his/her belief that consent existed.
• Consent is not effective if it results from the use or threat of physical force, intimidation, or coercion, or any other factor that would eliminate an individual’s ability to exercise his or her own free will to choose whether or not to have sexual contact. See “Force” and “Coercion” for further discussion.
• An individual who is physically incapacitated from alcohol or other drug consumption (voluntarily or involuntarily) or is asleep, unconscious, unaware, or otherwise physically helpless is considered unable to give consent. See “Incapacitation” for further discussion.
• In Maryland, the age of majority is 18. Under state law, consent cannot be given for any individual under the age of 18 to participate in sexual activity with an individual over the age of 18. In addition, consent can never be given by minors under the age of 16.

Coercion is the use of unreasonable and persistent pressure to compel another individual to initiate or continue sexual activity against an individual’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. Coercion may be emotional, intellectual, psychological, or moral. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity.

Examples of coercion include threatening to disclose another individuals’ private sexual information related to sexual orientation, gender identity, or gender expression, and threatening to harm oneself if the other party does not engage in the sexual activity. Coercing an individual into engaging in sexual activity violates this policy in the same way as physically forcing someone into engaging in sexual activity.

An individual who is incapacitated lacks the ability to make informed, rational judgments and cannot consent to sexual activity. Incapacitation is defined as the inability, temporarily or permanently, to give consent because an individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring.

Where alcohol or other drugs are involved, incapacitation is a state beyond drunkenness or intoxication. The impact of alcohol and other drugs varies from person to person; however, warning signs that a person may be approaching incapacitation may include slurred speech, vomiting, unsteady gait, odor of alcohol, combativeness, or emotional volatility.

In other words, a person may be considered unable to give valid consent due to incapacitation if the person cannot appreciate the who, what, where, when, why, and/or how of a sexual interaction.

Evaluating incapacitation also requires an assessment of whether a respondent should have been aware of the complainant’s incapacitation based on objectively and reasonably apparent indications of impairment when viewed from the perspective of a sober, reasonable person in the respondent’s position.

An individual who engages in sexual activity with someone the individual knows or reasonably should know is incapable of giving knowing consent (e.g., to understand the who, what, when, where, why or how of their sexual interaction) is in violation of this policy.

In general, the College considers sexual contact while under the influence of alcohol or other drugs to be risky behavior. Alcohol and drugs impair a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.

The perspective of a sober, reasonable person will be the basis for determining whether a respondent should have been aware of the incapacitation of the complainant.

Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual misconduct, and does not diminish one’s responsibility to obtain informed and freely given consent.

The first priority for any individual should be personal safety and well-being. The College encourages all individuals who have experienced sexual misconduct to seek assistance by contacting CSM Public Safety, calling 911, contacting local law enforcement, and/or visiting a medical facility immediately after an incident of sexual misconduct.

All individuals are encouraged to make a prompt report to law enforcement and/or to seek immediate medical treatment in response to an incident in order to address immediate safety concerns and to allow for the preservation of evidence and an immediate investigative response. The College will assist in these reporting options by arranging for or providing transportation to the hospital, coordinating with local law enforcement (including assisting with filing a police report and obtaining a protective order), and informing a complainant about the College’s resources and complaint processes.

In the event of an emergency, individuals may obtain support from any of the following:

CSM Public Safety
La Plata, 301-934-7754
Leonardtown, 240-725-5333
Prince Frederick, 443-550-6033
Regional Hughesville, 301-539-4898

Charles County Sheriff’s Office
301-932-2222

Calvert County Sheriff’s Office
410-535-2800

St. Mary’s County Sheriff’s Office
301-475-8008

Area Hospitals: (These are the closest hospitals if a sexual-assault evidence-collection exam is desired.)

Med Star St. Mary’s Hospital
301-475-8981

CalvertHealth Medical Center
410-535-4000

University of Maryland Charles Regional Medical Center
301-609-4000

For individuals who are seeking confidential consultation, several resources provide confidential support, both on campus and in the local community. The trained professionals designated below can provide counseling, information, and support under legally protected confidentiality. Because these relationships involve privileged conversations, these confidential resources will not share information about a patient/client (including whether or not that individual has received services) with the Title IX Coordinator or any other employee of the College without the individual’s express written permission. The individual can seek assistance and support from these individuals without triggering a College investigation that could reveal the individual’s identity or that the individual has disclosed the incident, unless he/she requests the disclosure and signs a consent or waiver form.

While maintaining an affected individual’s confidentiality, these individuals or their office may, however, submit non-identifying information about the incident for purposes of making a statistical report under the Clery Act. They should report the nature, date, time, and general location of an incident to the Coordinator. This limited report-which includes no information that would directly or indirectly identify the affected individual-helps keep the Coordinator informed of the general extent and nature of sexual misconduct on and off campus so the Coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. Before reporting any information to the Coordinator, these individuals will consult with the reporting individual to ensure that no personally identifying details are shared with the Coordinator.

Following is the contact information for these confidential resources:

On Campus

Students may receive confidential counseling from the college’s professional counselor by emailing counselor@csmd.edu or calling:

• Kellie Jamison, Counselor, 301-934-7577
• Jennifer Fossell, Counselor, 240-725-5328

Off Campus

• National Domestic Violence Hotline
  1-800-799-SAFE (7233)
• Rape, Abuse and Incest National Network (RAINN)
  1-800-656-(HOPE) 4673
• Walden Sierra, Inc
  301-863-6661, Waldorf;
  301-997-1300 ext 871, California.
• Maryland Coalition Against Sexual Assault
  301-328-7023
• Turn Around Inc
  443-279-0379

While these counseling resources may maintain an individual’s confidentiality vis-à-vis the College, they may have reporting or other obligations under state law, which could include mandatory reporting to law enforcement in the case of minors; imminent harm to self or others; requirement to testify if subpoenaed in a criminal case.

Making a report means telling a Reporting Resource—see Campus Reporting Resources, VIII (2) what happened-in person, by telephone, in writing, or by email. At the time a report is made, a complainant does not have to decide whether or not to request any particular course of action, nor does a complainant need to know how to label what happened. Choosing to make a report, and deciding how to proceed after making the report, can unfold over time. The College provides support to each individual in making these important decisions, and to the extent legally possible, will respect an individual’s autonomy in deciding how to proceed. In this process, the College will balance the individual’s interest with its obligation to provide a safe and non-discriminatory environment for all members of the College community.

Any individual who reports sexual misconduct can be assured that the College will investigate all reports and resolve them in a fair and impartial manner. All individuals involved can expect to be treated with dignity and respect. In every report, the College will make an immediate assessment of any risk of harm to the College or to the broader campus community and will address those risks, including taking interim measures to provide for the safety of the individual and the campus community.

The College encourages complainants to pursue criminal action for incidents of sexual misconduct that may also be crimes under Maryland law, such as sexual assault, stalking and rape. The College will assist a complainant, at the complainant’s request, in contacting local law enforcement; filing a report; and obtaining a protective order. The College will cooperate with law enforcement agencies if a complainant decides to pursue the criminal process.

The College’s policy, definitions, and burden of proof may differ from Maryland criminal law. Even though the CSM Department of Public Safety or a local law enforcement agency may determine that the alleged incident of sexual misconduct does not constitute a crime, CSM will still proceed with its investigation under this Sexual Harassment and Misconduct Policy. Neither law enforcement’s determination whether or not to prosecute a respondent nor the outcome of any criminal prosecution determine whether sexual misconduct has occurred under this policy.

Investigation by CSM may be done prior to, simultaneously with, or following civil or criminal proceedings. If CSM makes the decision to delay temporarily the fact-finding portion of the investigation while law enforcement agencies are gathering evidence, CSM will take interim measures to protect the complainant in the educational setting or employment setting as well as update the parties on the status of the investigation and inform the parties when CSM resumes its investigation. The outcome of the civil or criminal proceedings will not determine the CSM course of action nor the CSM outcome.

• Charles County Sheriff’s Office
  301-932-2222
• Calvert County Sheriff’s Office
  410-535-2800
• St. Mary’s County Sheriff’s Office
  301-475-8008
• Maryland State Police
  301-392-1200, La Plata
  410-535-1400, Prince Frederick

Calling local law enforcement can help you: Obtain emergency and non-emergency medical care; get immediate law enforcement response for your protection; understand how to provide assistance in a situation that may escalate to more severe criminal behavior; arrange a meeting with victim advocate services; find counseling and support; initiate a criminal investigation; and answer questions about the criminal process.

Please remember that if someone is in immediate danger or needs immediate medical attention, the first place to report is 911.

If you are the victim of relationship violence, you may be entitled to obtain a protective order against your abuser in the State of Maryland. A protective order (also known as a “domestic violence protective order,” “DVPO”) is available for incidents of domestic abuse, which occurs when someone you have a specific relationship with (current/former spouse; cohabitant, which is someone with whom you have had a sexual relationship and lived with for a least 90 days in the past year and includes same-sex partners; relative; someone you have a child in common with) commits one of the following offenses against you:

• Assault
• An act that places you in fear of immediate serious bodily harm or actually causes you serious bodily harm;
• Attempted or actual rape or sexual offense;
• Stalking;
• False imprisonment, such as holding you somewhere against your will

You may also be eligible for a protective order if you are a “vulnerable adult” (an adult who lacks the physical or mental capacity to provide for his/her daily needs).

Note: If you are NOT eligible for a protective order (because you do not have the specific relationship with the abuser described above), but you have been the victim of abuse and need protection; you may be eligible to file for a peace order. Information about how to file for a protective order or a peace order can be found on the website of the Maryland Judiciary system: www.courts.state.md.us/courtforms/joint/ccdcdvpo001br.pdf.

Protective orders can require the abuser to stay away from you, leave your home, provide emergency family maintenance to you, and attend counseling. They can be valid for up to one year and can be renewed. Peace Orders can provide only a stay away order and require counseling, and are effective for up to 6 months but can be renewed.

The College is committed to providing a variety of welcoming and accessible means so that all instances of sexual misconduct will be reported.

REPORT AN INCIDENT

The College recognizes that a student or employee may choose to report to any employee of the College. For example, a student may choose to confide in a division chair, a faculty member, a director, or a coach. Similarly, an employee may choose to confide in a supervisor or a colleague. No CSM employee may promise confidentiality (except to the College’s Counselor), and all CSM employees are expected to share such information with the Title IX Coordinator or Investigators.

CSM considers all employees, other than those identified above under Confidential Resources, to be “responsible employees” under this Policy. This term is used to describe those individuals on campus who have an obligation, pursuant to Title IX, to report incidents of sexual misconduct and assault to the Title IX Coordinator or Investigators.

Responsible employees are not able to promise confidentiality to an individual who reports a violation of this Policy. Before a complainant reveals any information to a responsible employee, the employee should ensure that the reporter understands the employee’s reporting obligations-and, if the reporter wants to maintain confidentiality, direct the reporter to confidential resources.

Employees must report all relevant details about the alleged sexual misconduct that the complainant has shared.

If a reporter discloses an incident to a responsible employee but wishes to maintain confidentiality or requests that no investigation into a particularly incident be conducted or disciplinary action be taken, the College must weigh that request against the College’s obligation to provide a safe, non-discriminatory environment for all students, including the reporter. If the College honors the request for confidentiality, a reporter must understand that the College’s ability to meaningfully investigate the incident and pursue disciplinary action against the accused individual (s) may be limited. Although rare, there are times when the College may not be able to honor a reporter’s request in order to provide a safe, non-discriminatory environment for all students.

The College’s Title IX Coordinator, in consultation with legal counsel, will evaluate requests for confidentiality once a responsible employee is on notice of alleged sexual violence.

When weighing a reporter’s request for confidentiality or that no investigation or discipline be pursued, the Title IX Coordinator will consider a range of factors, including the following: The increased risk that the alleged perpetrator will commit additional acts of sexual or other violence, such as:

• Whether there have been other sexual violence complaints about the same alleged perpetrator;
• Whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence;
• Whether the alleged perpetrator threatened further sexual violence or other violence against the victim or others;
• Whether the sexual violence was alleged to be committed by multiple individuals;
• Whether the sexual violence was perpetrated with a weapon;
• Whether the victim is a minor;
• Whether the College possesses other means to obtain relevant evidence of the sexual violence (e.g., security cameras or personnel, physical evidence);
• Whether the report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.

The presence of one or more of these factors could lead the College to investigate and, if appropriate, pursue disciplinary action. If none of these factors is present, the College will likely respect the reporter’s and/or victim’s request for confidentiality.

If the College determines that in cannot maintain a reporter’s and/or victim’s confidentiality, the College will inform that individual prior to disclosing their identity and starting an investigation. If the College determines that it can respect a victim’s request for confidentiality, the College will also take immediate action as necessary to protect and assist the victim.

A complainant may also make a report directly to the Title IX Coordinator or a Title IX Investigator:

Dr. Tracy Harris
Interim Title IX Coordinator
taharris1@csmd.edu
titleix@csmd.edu

The Title IX Coordinator will ensure that the complainant:

• Receives a copy of this Policy and Procedures;
• Is advised of the option to notify law enforcement and is assisted in doing so if desired;
• Is advised of CSM’s investigative obligations and process;
• Is advised that even if the complainant chooses not to pursue the complaint, CSM may proceed with its investigation;
• Is advised of available interim measures; and
• Is advised about available resources for counseling, health, mental health, victim advocacy, and legal assistance.

Any individual may make an anonymous report concerning incidents of sexual misconduct. An individual may report the incident without disclosing his or her name, identifying the respondent, or requesting any action. The individual making the report is encouraged to provide as much detailed information as possible to allow the Title IX Coordinator or Deputy Coordinator to investigate and respond as appropriate. Depending on the extent of information available about the incident or the individuals involved, however, the College’s ability to respond and/or investigate to an anonymous report may be limited.

The Title IX Coordinator or Title IX Investigator will receive the anonymous report and will determine any appropriate steps, including individual or community remedies as appropriate and in compliance with all Clery Act obligations.

1. Timeliness of Report, Location of Incident Complainants and third-party witnesses are encouraged to report sexual misconduct as soon as possible in order to maximize the College’s ability to respond promptly and effectively.

However, there is no time limit on reporting violations of this policy. If the respondent is no longer a student or employee, the College may not be able to take disciplinary action against the respondent, but it will still seek to meet its Title IX obligation by providing support for a complainant and taking steps to end the harassment, prevent its recurrence, and address its effects.

An incident does not have to occur on campus to be reported to the College. Off-campus conduct that occurs in connection with College programs or events may also be covered, as may off-campus conduct that may have a substantial effect on the complainant’s on-campus life and activities, may pose a threat or danger to the members of the CSM community, or may adversely impact College interests.

2. Amnesty for Personal Use of Alcohol or Other Drugs

The College seeks to remove any barriers to reporting. It is in the best interest of this community that all individuals who have been the subject of sexual misconduct report the behavior to College officials, and that witnesses share what they know. To encourage reporting, an individual who reports sexual misconduct, either as a complainant or a third-party witness, will not be subject to disciplinary action by the College for his or her own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk.

The College strongly encourages students to report instances of sex-based discrimination, sexual harassment, and sexual misconduct involving students. Therefore, students who report information about sex-based discrimination, sexual harassment, or sexual misconduct involving students will not be disciplined by the College for any violation of the College’s drug or alcohol possession or consumption policies in which they might have engaged in connection with the reported incident.

3. False Reporting

The College takes the validity of information very seriously, as a charge of sexual misconduct may have severe consequences. A complainant who makes a report that is later found to have been intentionally false or made maliciously without regard for truth may be subject to disciplinary action and may also violate state criminal statutes and civil defamation laws. This provision does not apply to reports made in good faith, even if the facts alleged in the report are not substantiated by an investigation.

Similarly, anyone who is later proven to have intentionally given false information during the course of an investigation or disciplinary hearing may be subject to disciplinary action.

1. Overview

Upon receipt of a report of sexual misconduct, the College will impose reasonable and appropriate interim measures designed to eliminate the reported hostile environment, prevent its recurrence, and remedy its effects. The College will maintain consistent contact with the parties to ensure that all concerns for safety and emotional and physical well-being are being addressed. Interim measures may be imposed regardless of whether formal disciplinary action is sought by the complainant or the College in order to ensure the preservation of the complainant’s educational, work or volunteer experience and the overall College environment.

A complainant or respondent may request separation or other protection, or the College may choose to impose interim measures at its discretion to ensure the safety of all parties, the broader College community, and/or the integrity of the investigative and/or resolution process.

All individuals are encouraged to report concerns about the failure of another individual to abide by any restrictions imposed by an interim measure. The College will take immediate action to enforce a previously implemented measure.

The College can impose disciplinary sanctions for failing to abide by a College-imposed measure.

2. Range of Measures

The College, at its discretion, will implement interim measures. Potential remedies, which may be applied to the complainant and/or the respondent to the extent reasonably available and warranted by the circumstances, include:

• Access to counseling services and assistance in setting up initial appointment, both on and off campus
• Imposition of an on-campus no-contact directive pending the outcome of an investigation, which means giving notice to both the complainant and the respondent that they must not have verbal, electronic, written or third-party communication with one another.
• Rescheduling of exams and assignments
• Providing alternative course-completion options
• Change in class schedule, including the ability to transfer course sections or withdraw from a course without penalty
• Temporary change in work schedule or job assignment, including other work locations • Limit of an individual’s or organization’s access to certain College facilities or activities pending resolution of the matter
• Voluntary leave of absence 
• Providing an escort to ensure safe movement between classes and activities • Providing academic support services, such as tutoring 
• Interim administrative leave of absence 
• Any other remedy that can be tailored to the involved individuals to achieve the goals of this policy.

3. Interim Administrative Leave of Absence

If the Title IX Coordinator, after consultation with the Vice President of Student Equity and Success and Executive Director of Student Affairs, Executive Director of Public Safety and Preparedness, and others, as appropriate, decides at any point that the health and safety of a student or of the community is at stake, an interim administrative leave of absence may be imposed on a student who is suspected of violating this policy. In addition, interim administrative leave of absence may be used to preserve College property; pursue an investigation and/or hearing; and prevent disruption of, or interference with, the normal operations of the College. Interim administrative leave of absence will be used for short periods of time pending resolution of a report, and assumes no determination of responsibility.

During an interim administrative leave of absence, a student may be denied access to campuses or programs. As determined appropriate by the Title IX Coordinator (or designee), this restriction includes classes and/or all other College activities or privileges for which the student might otherwise be eligible.

At the discretion of the Title IX Coordinator, and with the approval of, and in collaboration with, the Vice President of Learning and/or appropriate Division Chair, alternative coursework options may be pursued to ensure as minimal an impact as possible on the respondent.

Similarly, to protect the health and safety of the community, the College may impose interim administrative leave with pay for any employee at the discretion of the Title IX Coordinator, in consultation with, and with the approval of, the Associate Vice President of Human Resources.

Some complaints may be handled by informal procedures. The informal complaint process is intended to be a flexible process allowing each case to be handled according to the facts presented and the preferences of the parties. In some cases, informing the offender that the behavior is unwelcome and needs to stop immediately may be enough to stop the behavior. Whenever possible and safe, the College encourages, but does not require, students and employees to first discuss any problem with the individual involved in the complaint.

The Complainant and the Title IX Coordinator will work together to decide additional steps necessary to resolve the complaint, and in appropriate instances, a complaint may be resolved informally. Informal complaints may be resolved by one of the following:

1. A decision to stop further action on the informal complaint.
2. A resolution of the informal complaint by agreement of the parties and with approval of the Title IX Coordinator.
3. Initiation of the formal complaint process.

Possible resolutions by agreement of the parties may include, but is not limited to, agreeing to cease the conduct claimed to be “unwelcome”; an apology by the Respondent to the Complainant and a commitment to stop the harassment; providing the Respondent with assistance to better understand the effects of his/her conduct and ways in which this behavior could be changed; participation in educational programs about discrimination, harassment and/or sexual misconduct; verbal or written reprimands; and/or other interventions or actions aimed at ending the misconduct. They will also include appropriate remedies for the victim and the College community.

If as a result of the informal process, the accused person accepts responsibility for violating this policy, sanctions or other remedial action may result. Sanction(s) or other remedial action will be imposed by the Student Affairs Coordinator when the accused is a student, by the Vice President of Academic Affairs when the accused is a faculty member, and by the Associate Vice President of Human Resources when the accused is a staff member.

In some cases, informal resolution may not be appropriate and it may be necessary to refer the complaint formally for resolution despite possible Complainant objection. For example, informal resolution in the form of mediation will not be used to resolve Sexual Assault/Sexual Violence complaints. Still, Sexual Assault/Sexual Violence complaints can be resolved informally where the accused individual is willing to accept responsibility without a hearing.

Either party may end the informal process at any time and may initiate the formal process as provided herein. The College will take steps to ensure confidentiality of the Complainant and Respondent during any informal complaint procedure to the fullest extent possible and to the extent maintenance of confidentiality does not interfere with the College’s obligation to address allegations of Sexual Misconduct.

1. Filing a Complaint

All formal complaints under this policy must be made in writing by the complainant, describe the particulars of the alleged behavior, and be signed by the complainant. If the complaint is not available in writing, the Title IX Coordinator may document the Complainant’s statements and obtain the Complainant’s signature on those notes to signify that the Complainant agrees with the description of the alleged misconduct as recounted by the Title IX Coordinator. Complainants will be provided by the Title IX Coordinator’s office with an intake form to facilitate the process of collecting germane information on their complaint.

If the Complainant refuses to cooperate with the investigation, is reluctant to pursue the investigation or for any reason refuses to sign the alleged complaint, the Title IX Coordinator may go forward with the procedure as required to address the allegations in an effort to end the harassment, prevent its recurrence, and remedy its effects on the Complainant and the College Community. The Respondent, the person accused in the complaint, shall be notified of the complaint by the Title IX Coordinator and will be invited to submit a written response to the Coordinator within ten (10) College business days of receiving the notification. The Title IX Coordinator shall also notify the Associate Vice President of Human Resources and the Vice President of the appropriate unit(s) in the event of employee involvement and the Executive Director of Student Affairs in the event of student involvement in a complaint of sexual misconduct.

2. Investigation

The Title IX Coordinator, or a trained Title IX Investigator, shall begin a neutral investigation into the claims. During the investigation, the Title IX Coordinator or Investigator is not permitted to discuss this investigation with the College community except to the extent they are witnesses, are otherwise involved in the determination of the merits of the case to ensure that a fair and unbiased investigation is conducted, or as circumstances warrant on a need-to-know basis. Legal counsel to the College is exempt from this requirement. The investigation ordinarily will include a discussion with the Complainant, a discussion with the Respondent, interviews of any witnesses to the events, a review of any pertinent documents and any other actions deemed appropriate by the investigator(s).

The Title IX Coordinator, and any designated investigator, shall make every effort to keep the investigation confidential, although this cannot be guaranteed, and all participants in the investigation shall be subject to the requirement that all parts of the investigation remain confidential. The privacy of all parties to a complaint under this policy must be strictly observed, except insofar as it interferes with the College’s obligation to fully investigate allegations of violation of this policy. Where privacy is not strictly kept, it will still be tightly controlled on a need-to-know basis. In these cases, privacy and confidentiality should be maintained to the extent possible. The Title IX Coordinator may assist to initiate interim measures to address the allegations, as appropriate, while the investigation is pending. Examples of interim measures that may be taken include, but are not limited to, changing a student’s schedule or requesting an employee’s temporary reassignment. Where appropriate, the proceedings shall be transcribed, recorded or otherwise preserved in order to make a right of appeal meaningful.

The Complainant and Respondent may each be accompanied by an advisor, who is there for consultation and support. The advisor may not actively participate in the hearing, though s/he may quietly communicate with the person for whom s/he is supporting as needed. This advisor is bound by the same requirements of confidentiality as are the other parties to an investigation or hearing.

The investigation is expected to be completed within sixty (60) days of receiving the Complaint. If the investigation cannot be completed within that time frame, the reasons for delay should be noted in writing for the file and copied to the Complainant and the Respondent. The Title IX Coordinator will make the final decision regarding the findings of fact and recommended sanctions, if any. The standard for making the final decision shall be a preponderance of evidence, i.e., it is more likely than not that the sexual misconduct occurred.

Prior Sexual History. In general, the complainant’s prior sexual history is not relevant to an investigation under this policy and will not be considered by investigators or decision-makers. However, where there is a current or ongoing relationship between the complainant and the accused, and the accused alleges consent, the prior sexual history between the parties may be relevant to assess the manner and nature of the communications between the parties. The mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Any prior sexual history of the complainant with other individuals is not relevant and will not be considered.

Pattern Evidence By Accused. Where there is evidence of a pattern or conduct similar in nature by the accused, either prior to or subsequent to the conduct in question, regardless of whether there has been a finding of responsibility, this information may be deemed relevant to the determination of responsibility and/or assigning of a sanction.

3. Investigation Report

A written report shall be prepared by the Title IX Coordinator and/or the designated investigator in coordination with the Title IX Coordinator, at the conclusion of the investigation. The report shall include(1) a statement of the findings of fact concerning the alleged events; (2) a detailed statement identifying the relevant elements of the policy to support the conclusion that a violation of College policy did or did not occur; (3) a recommendation of a sanction(s), if applicable; and (4) notification of the right to appeal. The findings shall indicate one of the following:

1. The accused is responsible for violating this policy;
2. The accused is not responsible for violating this policy;
3. There is insufficient information to determine whether the accused person is responsible for violating this policy.

Both parties will simultaneously be provided a summary of the investigation report and any other materials presented to the Title IX Coordinator or investigators. Parties will be permitted to view, but not copy, the full report and materials upon request. The report and materials may be redacted when necessary to protect privileged or confidential information, to protect the safety or well-being of individuals involved in the investigation, or to comply with the provisions of the Family Educational Rights and Privacy Act (FERPA).

If the accused person is a faculty or staff member, the investigation report with findings and recommended sanctions will be provided to the appropriate administrator. When the accused is a faculty member, the report will be provided to the Vice President of Learning; when the accused is a staff member, the report will be provided to the Associate Vice President of Human Resources; when the accused is a student, the report will be provided to the Vice President of Student Equity and Success (Appeal Officers).

4. Appeal

A. Appeal Request

The Complainant and the accused both have the opportunity to appeal the written decision of the Title IX Coordinator or investigator. A request for appeal must be filed in writing with the Title IX Coordinator and to the Vice President of Academic Affairs if a faculty member is the accused, to the Associate Vice President of Human Resources if a staff member is accused, and to the Vice President of Student Equity and Success if the accused is a student, within ten (10) working days of receipt of the written decision.

The statement of appeal must state the specific grounds for the appeal. Appeals must be based on at least one of the following grounds: (a) the procedures described in this policy were not followed, and the failure to follow procedure may have affected the outcome of the final decision; (b) the sanction(s) recommended are disproportionate for the facts of the case and/or the violation of the policy that was found; (c) Substantive new information that was not reasonably available at the time of the investigation has now become available and may change the outcome of the final decision. When a party requests an appeal, the Title IX Coordinator shall notify the other party of the appeal request.

B. Appeal Decision

The appropriate Appeal Officer (“AO”) reviews the findings and sanctions of the Title IX Coordinator or designated investigator. At his/her discretion, the appeal officer may seek further information from the parties or the Title IX Coordinator, and will then issue a written appeal decision that affirms, overturns, or modifies the findings and/or sanctions based only on the grounds for appeal specified in this policy.

The AO will simultaneously submit the written decision to the Complainant, the accused, and the Title IX Coordinator within ten (10) working days of receiving the written request for appeal. The decision of the AO represents the final decision of the College. No other administrative processes that may be available to students, faculty or staff may be used to further appeal the decision of the AO.

C. Imposition and Enforcement of Sanctions

The Title IX coordinator will be responsible for ensuring that any sanctions imposed in the final decision are implemented and completed. This may require contacting college employees in a position to enforce or monitor sanctions, such as an employment supervisor. In contacting such persons, the Title IX coordinator will only disclose as much information as is necessary to ensure that the sanctions are enforced or monitored. Failure to comply with sanctions imposed under this policy may result in additional sanctions, including suspension or expulsion, at the discretion of the Title IX coordinator, in consultation with legal counsel.

For student violations, sanctions include a written letter of warning, a letter of reprimand, mandatory attendance at an educational program on sexual harassment or sexual assault, mandatory referral for psychological assessment and compliance with any resulting treatment plan, change in course assignment, restriction of activities and/or on access of campus facilities, probation, expulsion from the nonacademic campus activities, suspension or expulsion from the college and revocation of a degree.

In determining sanction, the Title IX Coordinator and AO should consider 1) the accused student’s prior disciplinary history; 2) the nature and violence of the conduct at issue; 3) the impact of the conduct on the complainant; 4) the impact of the conduct on the community, its members, or its property; 5) whether the accused student is likely to engage in the conduct in the future; and 6) any other mitigating or aggravating circumstances. Alcohol and drug use are not considered mitigating circumstances. Students found responsible for sexual assault involving intercourse are likely to receive a sanction of suspension or expulsion.

The sanctions described in this policy are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by outside authorities.

The College shall require all employees likely to witness or receive reports of Sexual Harassment and Violence including, but not limited to, faculty, Public Safety, administrators, counselors, investigators and adjudicators, general counsel, student affairs personnel, coaches, any employee who regularly interacts with students, and employees who serve in a supervisory capacity to participate in Sexual Misconduct training on a routine, ongoing basis, but in no event less frequently than biannually. The training should include how to recognize and report Sexual Harassment and Violence. Training and education about this policy and procedures will be provided for new faculty and staff.

Required Training for All Employees includes (but is not limited to):

• Diversity in the Workplace: Diversity for All
• EEO Laws for Higher Ed: Title I of the ADA
• Harassment Prevention for Higher Ed Employees
• Title IX, The Clery Act, and VAWA for Faculty and Staff

• Title IX Changes in 2022 (.pdf) | Kevin Hunter, CSM Title IX Coordinator
• Title IX and CSM Flier (.pdf) | Kevin Hunter, CSM Title IX Coordinator
• What You Need to Know About Title IX (.pdf) | Kevin Hunter, CSM Title IX Coordinator

• January 26-27, 2023 Title IX Hearing Officer & Decision-Maker Certification
• January 24, 2023 Investigation Report Writing
• January 25, 2023 Title IX Coordinator & Administration Level One Certification

• June 9-10, 2022: Title IX Hearing Officer and Decision Maker
• July 28, 2022: Special Edition Time with IX: Roe v. Wade and Title IX Implications
• October 28, 2022: Open to the Public! Time with IX: Reluctant Complainants
• PowerPoint Presentation

• PowerPoint Presentation
• July 2021 Title IX Coordinator One

• March 13, 2020 - Webinar- Maintaining Title IX Program Integrity in a Pandemic
• October 6-7, 2020 - 2020 Annual Virtual Conference
• PowerPoint Presentation

• January 23, 2019 Civil Rights Investigator Level One Training & Certification Course
• January 23, 2019 Civil Rights Investigator Level Two Training & Certification Course
• October 30, 2019 Civil Rights Investigator Level Four Training & Certification Course